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CMU Cuts off Net Access for 71 Students Over MP3s

PresOdent writes "Carnegie Mellon University cut off network access to 71 students who allegedly put some copyrighted mp3s on their sites on the university's computer network. The university said it discovered the copyright violations last month, when it conducted surprise inspections of student computer files at the order of the Recording Industry Association of America. Read the article from the Chronicle of Higher Education for more info."

523 comments

  1. The saga continues by redhotchil · · Score: 1

    Looks like more and more people are getting busted... I know of many colleges really dont care what thier students do but is this an invasion of the students privacy/rights?

    1. Re:The saga continues by _xen · · Score: 1

      Quite apart from the privacy problems how about approaching to the students first? Or doesn't audi alteram partem apply to US colleges? One would think a stern "don't do it again" would suffice.

    2. Re:The saga continues by Anonymous Coward · · Score: 0

      Well, the files were put in public folders/directories according to the article, so I would say no it's not an invasion of their privacy. Had they been in password protected or otherwise private locations (e.g., for use on only the person's own machine), then possibly so. To a large extent it depends on the Uni's computer network usage policy (in this case CMU's policy) that the students (presumably) agreed to follow.

    3. Re:The saga continues by mochaone · · Score: 1

      CM's policy, while not regularly enforced, stated that copyrighted materials were not to be placed on the share drives.

      The students were'nt kicked out of school. They just have to drag their butts to the lab now. All in all, a light punishment.

      --
      Hates people who have stupid little sigs
    4. Re:The saga continues by plague3106 · · Score: 1

      I think my college says they have the right to look thru your files on thier networks. Acordng to them (and correctly so) it is after all, thier network and their computers and their file server. Its kinda like having a computer and username for your job. Although i've never heard of my college going into anyone's account unless they had reason to.

    5. Re:The saga continues by _xen · · Score: 1
      CM's policy, while not regularly enforced

      The fact that the policy was not regularly enforced would, at least where I live (not-US), make it all more important for the college to hear the students before taking any drastic (if that is in fact what it was) action.

    6. Re:The saga continues by Anonymous Coward · · Score: 0

      but is this an invasion of the students privacy/rights? Nope. I would say that they (the institution staff) have every right to decide who gets to use their diskspace & bandwidth on their computers and network. After all, the bottom line is that they, not the students are the ones who stand to lose most if sued. The vast majority of university courses dont really require students to have web space, or even email. It is a privelege, not a right.

    7. Re:The saga continues by AndyL · · Score: 1

      Perhaps you're not reading the article. The students were puting the files on "shared" network directories on thier own computers to share with other students on the network. The www page bit was just an analogy.

      The only university hardware involved was the network itself. (Wires, hubs, etc.)

    8. Re:The saga continues by Skim123 · · Score: 1
      I know of many colleges really dont care what thier students do but is this an invasion of the students privacy/rights?

      Uh... no. Read the article... it says the university only looked at files that were publically shared out in the students' computers. Also, files that were placed on the Web from CMUs servers were checked.

      If you don't want to get busted, don't publically share out illegal material. And for God's sake, don't put it on the Net.

      The real humor, though, is that for these students to get their accounts back, they have "to attend a 90-minute class on copyright rules." Hehe, that is funny. :)

      --

      I could not justify my existence if I were a turkey farmer. Would I terminate myself? Undoubtably, yes.

    9. Re:The saga continues by Anonymous Coward · · Score: 0

      I know nearly all of my classes use my NetID/Email address. I think we do have a right to privacy on university systems. Where do they get the money for their systems? Their connections? Their hard drives? Our tax money, our tuitions. An office system is different. That is company money spent. But this is OUR money. If they get sued, they can say that it's OUR web space. Just modify the agreement a little so the student acknowledges that.

    10. Re:The saga continues by Anonymous Coward · · Score: 0

      The article is not fully correct. I am at CMU and I know that in some cases Computing Services DID guess at passwords. That I believe is beyond their "right". Sure those people with openly shared illegal material should be punished, but not those who simply made a bad choice of passwords that could be guessed. And yes, the 90-minute lecture is a joke, but it does not apply to everyone. I hear that specific machines were reported to CMU and that those users will NOT be getting their connection back until next semester (not too far off, but still...) Just my 2 cents... (Where are all the comment from the hoards of CMU people reading /. anyway?)

    11. Re:The saga continues by Anonymous Coward · · Score: 0

      This is happening at many universities. At my school we recently had many students loose their network access due to ftp, and web servers with mp3's publically available. I work in the IT department there, and this happens to about a dozen or so students every semester.

    12. Re:The saga continues by Anonymous Coward · · Score: 0

      the files were put in public folders/directories according to the article/I Well...since I got to CMU and I saw this happen first hand (didn't happen to me though), I'll have to remark on this. They were not in public folders (or on a website either). They were passworded windows (and smb) shares. Unfortunately, the passwords were too easy, like "mp3" or "my roomnumber from freshman year".

  2. Hmm.. by j+a+w+a+d · · Score: 1

    Word on campus (RPI) is that some kids lost Network Access (temporarily) for posting copyrighted movies. Most everyone shares MP3s (many people have password-protected their folders now) but nothing has happened to them.

    If another RPI student could verify this, it'd be appreciated. I know plenty of them cruise slashdot.

    --
    i dont display scores, and my threshhold is -1. post accordingly.
    Discuss /. policies
    1. Re:Hmm.. by Chameleon · · Score: 1

      Not anymore, they don't. Their network access got taken away, remember? :-)
      --
      Chris Dunham
      http://www.tetrion.com/~chameleo/index.html

    2. Re:Hmm.. by ColonelNorth · · Score: 1

      Probably Leichner again. Tell him I say high.

    3. Re:Hmm.. by j+a+w+a+d · · Score: 1

      hehe,

      What I understood from the article was that CMU only took away Intranet rights? Anyway, I was referring to people who's friends got their right taken away. :)

      --
      i dont display scores, and my threshhold is -1. post accordingly.
      Discuss /. policies
    4. Re:Hmm.. by JeremyH · · Score: 1

      There used to be rumors that ITS (or CIS or whatever its called now) had sombody cruising dormnet looking for warez/mp3's/etc... but I never believed it. ITS always seemed to be shotstaffed enough, now they are wasting time on this? Now I'm really glad I'm out of there (as if the change to dhcp & manditory laptops weren't annoying enough)

      JeremyH RPI'99
      --
      -JeremyH
    5. Re:Hmm.. by TheSnakeMan · · Score: 1
      Actually, what CMU does is just disable your network port.

      This doesn't surprise me too much, a few years ago they did it because some students had pirated software (no way, man) on their network accessible drives. They kept it quiet, and they didn't do it to too many people, so it wasn't the big deal that this is.

      The real problem with CMU's computing resources is that its head, John Lerchey, is a real prick, and gets off on taking students' connections away. He knows that most of us lived and died on our ethernet connection, but doesn't care. My freshman year, 5 years ago, he disabled my friend's ethernet port because he was supposedly "seen" on a warez channel on IRC. That was even more ridiculous than this case, even though it was only one student.

      The above email address no longer works because CMU is too cheap to give us alumni accounts.

      --

      They're putting dimes in the hole in my head to see the change in me.

    6. Re:Hmm.. by The+Flymaster · · Score: 1

      Well, as an RPI student, I have a friend who got busted. They just told her to take them down, though. No loss of access. They said if it happened again, she would lose it, though.

    7. Re:Hmm.. by Anonymous Coward · · Score: 0

      As far as I can see they dont really care what you have shared at RPI, just as long as everybody doesnt start downloading your share at once. This is what happened to the people who had the copyrighted movies shared, everybody downloaded off of that person at once causing the network to lag.If they see a spike in bandwidth coming from people downloading from your computer they will either warn you or kick you off. But I havent heard of them doing anything lately.

    8. Re:Hmm.. by Anonymous Coward · · Score: 0

      I think that I, too, would find it amusing to yank the connectivity of anybody who "lives or dies" on their free ethernet access to the net. Not because of envy, but because the experience would be good for them. I mean, come on, kids... There's a real world out there.

    9. Re:Hmm.. by Anonymous Coward · · Score: 0

      nope, i got my access disconnected because my roommate was serving up too much porn. and a few other people were running network game servers. all us us are back on, and we didn't get in any trouble. the problem wasn't what was served, but how much bandwidth it was using

    10. Re:Hmm.. by Anonymous Coward · · Score: 0

      Off campus baby! It's sooo nice not worrying about CIS. Supposedly at one point last year they were trying to bypass people's network passwords, looking for stuff... warez, mp3s...

    11. Re:Hmm.. by TheSnakeMan · · Score: 1
      free ethernet access to the net.

      Well, I wouldn't call it free...in order to live in the dorms, you were spending at least $1k extra every year over what it would cost you to get an apartment off campus.

      I mean, come on, kids... There's a real world out there.

      You've obviously never lived in Pittsburgh. Yeah, there is a real world out there, but none of it is in Pittsburgh.

      --

      They're putting dimes in the hole in my head to see the change in me.

    12. Re:Hmm.. by Anonymous Coward · · Score: 0

      Well, I'm an RPI alumn and I'm glad I'm outta there. I graduated just when it started to get REALLY bad. Personally, I don't care what the record companies do. They're not gonna get my money so they might as well just give away the mp3s. I won't buy them anyways. I hope the student have balls and start a major rebellion or something. I think the system has made us into perfect little sheep and we shouldn't have to deal with all this commercial BS anymore. -Lawndart

    13. Re:Hmm.. by SparkyB · · Score: 1

      Here at CMU they not only looked for computers openly sharing mp3's but they actually tried obvious passwords such as mp3, or to see if the password was easily available.

    14. Re:Hmm.. by Anonymous Coward · · Score: 0

      It's the posting in a public place that is the problem. Sharing MP3s of music CDs non-commercially among friends is specifically authorized in the US by copyright law. See section 1008 of the Copyright Act.

  3. I hate the RIAA, but... by sdelk · · Score: 1

    These kids got what they deserved. Distributing MP3s of copyrighted songs is illegal, after all.

    I thought Carnegie Mellon students were smarter than this :)

    1. Re:I hate the RIAA, but... by Chameleon · · Score: 1

      Yes, if you're going to distribute MP3s, do it among friends, don't post them publicly.
      However, if the sites that were taken down were anything more than "My First Home Page(tm)" the students can contest it very easily. Asking someone to remove potentially illegal material from one's site is one thing, but denying them access altogether is another. I'd like to see what it says in their "Terms of Service" file...
      --
      Chris Dunham
      http://www.tetrion.com/~chameleo/index.html

    2. Re:I hate the RIAA, but... by Bitscape · · Score: 1

      Every time I see a story like this, it makes me less inclined to go and buy cds from mainstream sources. I love music, but to see the profits going to fund police state measures... It's just sickening.

    3. Re:I hate the RIAA, but... by scotpurl · · Score: 1

      True, but I think the RIAA is guilty of crimes as well (which means I mildly advocate MP3 distribution). I've got probably 40 CD's here, bought at $12-18 per, and there's only one good song on any of them. Ya hear a good song on the radio, think, "Gee, I like the song, I think I'll buy the album." Then you discover that the entire album isn't even backwater bar band quality; the artist had one good song, and the company put out a padded CD.

      That's the real crime.

      Leastways, if I weren't already cynical and hadn't abandoned buying CDs altogether (jaded consumer syndrome), I'd probably listen to the MP3s. I have borrowed CD's full of MP3 from pals, and listened to them, and thought, "This sucks! Glad I didn't buy the album."

    4. Re:I hate the RIAA, but... by Siva · · Score: 2

      "The distribution of programs and databases is controlled by copyright laws, licensing agreements and trade secrets. These must be observed."[1]

      "The distribution of copyright protected materials is illegal and is in direct violation of the Computing Code of Ethics." "Users found to be distributing copyrighted music files will have their network connections revoked for not less than one full semester and may be subject to displinary action."[2]

      1. http://www.cmu.edu/co mputing/documentation/unix/Policies.html
      2. http://www.net.cmu.edu/docs/gui delines/reshall.html

      --Siva (former CMU student)

      Keyboard not found.

      --

      Keyboard not found.
      Press F1 to continue.
    5. Re:I hate the RIAA, but... by Mononoke · · Score: 2
      Lets see: You blame the RIAA for Your Favorite Artist's inability to write decent songs.

      Just because Your Favorite Artist sucks, doesn't mean it's RIAA's fault.


      --

      --
      NetInfo connection failed for server 127.0.0.1/local
    6. Re:I hate the RIAA, but... by maroberts · · Score: 1

      Personally speaking I have no problem with people making copies of music for private use, but putting them on the web/ public network so everyone can rip off the artist is definitely not legal or honest, however much I agree about the cost of CDs.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    7. Re:I hate the RIAA, but... by Anonymous Coward · · Score: 0

      Then start listening to metal, where the bands actually respect the artform itself too much to dare to pollute it (or insult the fans) with padding. Blind Guardian's "Nightfall In Middle Earth" or Grave Digger's "Knights of the Cross" -- not a single second of filler. YUMM!!!!

    8. Re:I hate the RIAA, but... by scotpurl · · Score: 1

      I think it actually is the RIAA's fault. Their bottom line is, "We're losing money on this MP3 thing!" No mention is made of increased fan base (all the people like me who won't shell out $15 + tax to gamble on what the rest of the album is like), or of the likelyhood that increased exposure = more likely sales. One friend loaned me a CD chock full of MP3's that were all the albums of his favorite band. I'd heard their airplayed songs, and didn't like those, but quite liked many, many others. Result? I'm actually considering buying a couple of CD's (first time in 2 or 3 years). Why? I've heard the entire album. Something I can't do in the store, on the radio, or over the 'Net.

      The point of releasing an album with one good song IS to maximize profits. There's no time spent tweaking or writing anything else on the album. Several songs I've heard were good, but were mixed poorly, or at the wrong tempo, or needed a little restructuring to make them hits. I'm not questioning the musicians or composers skills -- I'm questioning the rationale behind releasing a one-hit album. If you've got only one good song in your repetoire, pull a LaFace Productions trick, and sell it to someone else. It'll be a bigger hit on a multi-hit album. (Paula Abdul, for example.)

      The point of the RIAA is to maximize profits -- not increase fan base or artist exposure. If it were, then the RIAA's companies would provide poor quality (like AM radio quality) MP3's for download to help promote the album.

    9. Re:I hate the RIAA, but... by Anonymous Coward · · Score: 0

      Music in this instance is just another form of software where it is considered customary and acceptable to deny the consumer's rights under the UCC. Music vendors pull the same 'thou shalt not return' crap in most instances that software vendors do.

      Thus, pre-emptive consumer protection becomes a compelling (limited) reason to excuse piracy in music.

      Why aren't you championing 'consumer rights' now? Why only defend those who are perfectly capable of defening themselves with deep coffers and brigades of lawyers?

    10. Re:I hate the RIAA, but... by Abigail-II · · Score: 1
      No mention is made of increased fan base, or of the likelyhood that increased exposure = more likely sales. [...] Result? I'm actually considering buying a couple of CD's.

      Somehow I doubt the RIAA is impressed by "considering buying". Granted, some people might decide to buy a CD after hearing an MP3 - but they would also buy it after hearing the CD.

      Copyright law is a good law. You might not like it in all cases; but it's the same law on which the GPL is based. If you don't like what the record industry is doing - vote with your money. Spend it on something else.

      -- Abigail

    11. Re:I hate the RIAA, but... by Muncher · · Score: 1

      >Copyright law is a good law. You might not like >it in all cases; but it's the same law on which >the GPL is based. If you don't like what the >record industry is doing - vote with your money. >Spend it on something else.

      >-- Abigail

      Abigail, isin't that the point that people are making here?? We don't agree with how the music industry takes advantage of the copyright law to maximize their profit. It is a good law. But it isin't being used for its intended purpose. I think the last point you made is silly. We are spending our money on something else cuz were using mp3's for entertainment instead of giving into paying for overpriced music.

    12. Re:I hate the RIAA, but... by Anonymous Coward · · Score: 0

      Oooooh, another "Nightfall" fan. }:>
      Two other good metal bands which rarely produce fluff -- Manowar and Savatage.

      I'm not sure the mediocre CD with one good song is a crime against the company. The real crime comes with an $18 cd, with little of that going to the original band. I'd be ecstatic if some of my favorite bands went with something like an mp3.com solution instead of the price-gouging record labels.

      Of course they can get away with it, because fools will pay $17-$18 for a CD of music. They will continue to do it as long as we continue to take it.

      Rakarra (getting an account soon...)

    13. Re:I hate the RIAA, but... by Abigail-II · · Score: 1
      It is a good law. But it isin't being used for its intended purpose.

      Then do tell, what is according to you its intended purpose?

      We are spending our money on something else cuz were using mp3's for entertainment instead of giving into paying for overpriced music.

      Spending it on something else doesn't mean you should break the law.

      -- Abigail

  4. Steve Jackson Games Anyone?? by dclydew · · Score: 1

    If these were live sites... they were published works. If I'm not mistaken actions like this could easily be countered under the Personal Privacy and Electronic Communications Provacy Acts. Of course, IANAL...

    --
    Get a life, not a lifestyle. - Hikem Bey
    1. Re:Steve Jackson Games Anyone?? by mischief · · Score: 1

      I don't think so - the article says the files were available to "11,000 members of the university's computer network", which makes them publicly available. Also, CMU had policies specifically against this, they just hadn't enforced them up to that point.

      --

      --
      Everything I know in life I learnt from .sigs
  5. It's their network... by Stiletto · · Score: 3

    While they can't go in and confiscate the students' computers, they are within their rights to deny the students access to the network.

    Who in their right mind shares illegal (I am assuming they were copyright infringing) mp3's without at least protecting them with a password???

    1. Re:It's their network... by Anonymous Coward · · Score: 0

      Some of them were even protected by a password.

    2. Re:It's their network... by interiot · · Score: 1

      Does anyone know of any cases where MP3's protected with username=mp3, password=mp3 were officially not considered private?

    3. Re:It's their network... by _xen · · Score: 1
      they are within their rights to deny the students access to the network.

      I'll presume this is an informed legal opinion based on a incontestible construction of the relevant contract(s), ... however, what about the natural justice issues? Or does US law lack the concept of `procedural fairness'. (This is an genuine question, btw, I'd actually like to know)

    4. Re:It's their network... by Rupes · · Score: 1

      Actually, many of the shares *were* passworded.

      The reason many of the students are upset about
      this is not because they were caught with mp3s
      (well, except the people who were disconnected for
      LEGAL mp3s), but because Computing Services here
      has a policy that anything not SPECIFICALLY marked
      public is private. Someone got in trouble a while
      ago for providing a search engine, because he
      hadn't explicitly gotten everyone's permission to
      look in their unpassworded directories... to have
      Computing Services blatantly break their own
      privacy policy by not only doing this, but
      actually trying passwords, is the problem.

    5. Re:It's their network... by wik · · Score: 1
      The big issue here was that many of the shares were protected by passwords, many of them non-trivial. Granted, a large number of machine administrators placed readme.txt files in their shares which either (a) gave away the password or (b) gave a BIG hint as to the password. I found this to be rather upsetting. (I am a CMU student who wasn't disconnected). In many cases, the shares were password-protected, but the machines were still disconnected. It seems as if the mere presence of a share named "music" or "mp3" was enough to set off Computing Services.

      I respect Computing Service's position, (particularly with the big hairy 800lb RIAA crawling on their back), but I would have at least expected them to issue warnings to students who were infringing, rather than disconnecting them. If they failed to correct themselves after a warning, CS has every right to disconnect them. Student Senate passed a resolution requiring CS to do so in future "raids".

      I don't buy the excuse that "we are paying tuition, therefore we should get X", where X is 100% never-disconnected network access in the dorms. If people don't stay legal, it's only fair to expect to be removed. This type of thing has been done before, mostly for computers generating too much traffic on the residential networks.

      --
      / \
      \ / ASCII ribbon campaign for peace
      x
      / \
    6. Re:It's their network... by Stiletto · · Score: 1

      Well IANAL, but I went through something similar when I was in school. It really depends on what agreement they signed when they recieved network access--that thing most college kids will just say "yea yea" and sign. I would think that most schools have a pretty standard cookie-cutter agreement that says they own the network and the students can't use it for x, y, and z purposes.

    7. Re:It's their network... by waddgodd · · Score: 1
      By that logic, they also had the right to do nothing at all. First, it's THEIR network, one can consequently ask the question "what was the RIAA doing looking through a private network in the first place?" Secondly, since it's a private network, there MAY not even be a copyright infringement--copyrights cover public transmission of copyrighted works, not use within private property.

      --
      Just because you're paranoid doesn't mean they aren't out to get you
    8. Re:It's their network... by jeremy+f · · Score: 1

      Most mp3s are in public folders on the network (Linux only people: think Samba in share, not user mode). Since it's mainly Win9x boxen, all you really need is a password to access a share, not a username, and many passwords are common "mp3", "music", and the person's name or computer name.

      I doubt they busted anyone who ran an ftp site, in most cases that would require a port scanner to find them. If they didn't have a l/p to the site, then they have no evidence as to what they're distributing, and can't make any judgements as to whether or not they're "engaging in illegal activities".

    9. Re:It's their network... by _xen · · Score: 1

      As I said, I'll presume CMU had the right under the contract to do what it did, though as you rightly point out, whether this is so or not depends upon the particular contract in question ... My question relates to the claims the students might have under under natural justice to be heard before the college took action. Is procedural fairness known to US law, does it apply to educational facilities?

    10. Re:It's their network... by Royster · · Score: 1

      The password is not the issue. They were made publically available which is a violation of the law. When a violation of the law is made known to the administrators and when the violation is as clear cut as this one, the administrators had to act.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    11. Re:It's their network... by Anonymous Coward · · Score: 0

      > Who in their right mind shares illegal (I am assuming they were copyright infringing) mp3's

      Interesting assumption. Of course, there are gigabytes and gugabytes of legal MP3's out there. Not counting private audio recordings there are thousands of songs out there that are free to distribute.

      Also, if I take my CD of, for example, GRACELAND, pop it in my computer, rip it to MP3, and then listen to it, I'm within my rights. If I share my drive, password protect it, go to work, and listen to the same MP3, I'm STILL within my rights.

      If someone attempts to illegaly gain access to my computer (even if my login and password is login/password or something equally simple) they are NOT within their rights to do so. And if someone tries to get past the password protection on my shared drive they'll be seeing me in court.

    12. Re:It's their network... by BrianH · · Score: 1

      Is procedural fairness known to US law, does it apply to educational facilities?

      No & No. U.S. due process laws do not apply to any type of private institutions, corporations, or educational facilities except in cases where certain types of discrimination or harrassment is alleged. In all honesty, the CMU administration could have legally cut network access permanently based on simple suspicion of wrongdoing (no evidence required). While very few entities would ever consider being so harsh (bad PR), they would be fully within their legal rights to do so. The only recourse for affected students in that case would be a civil suit, and I doubt you could convince a judge that you were harmed because you didn't have Internet access...especially with high speed connections in the computer lab and all of the free modem based services for your own computer.

      --

      There is nothing so pathetic as seeing a beautiful young theory roughed up by a tough gang of facts.
  6. Good by David+Jensen · · Score: 1

    MP3 is a great format for storing and propagating music, but if the music isn't theirs to give away, the students should not post it. The punishment seems appropriate under the circumstances.

    By the way, the complaint that inspecting publicly available files in invasion of privacy registers a zero on the cluemeter.

  7. Sounds worse than it is by rebrane · · Score: 1
    As far as I can tell from reading the article, these 'surprise inspections' just meant a quick check of the users' public html directories; the abstract definitely gives a feel of a knock on the dorm room door or the like. Nonetheless, I guess the day of the 'stern warning' is over. /me makes a note to be more paranoid in the future.

    --neil

    1. Re:Sounds worse than it is by Anonymous Coward · · Score: 0

      No, the article is either misleading or you didn't read it very closely. They actually went out and actively searched for shared mp3s on the windows network, even trying misc passwords on password protected directories.

    2. Re:Sounds worse than it is by MaxVlast · · Score: 3

      Well...

      I agree with you in principle. I am a CMU student who didn't lose network access. And I support the actions of Computing Services. If RIAA had to do it, the school's ass would be on the line.

      What raised the ire of many of the students (and prompted the action of the Student Senate, and other groups [such as the Student Dormitory Council]) was the violation of Computing Services's own guidelines. By guessing passwords (even if they were easy ones), they were not observing their own privacy statements.

      In addition, students with legal MP3s were shut off. Also, students did not receive advance notice, nor did they receive adequate explanations of the actions taken.

      --
      Max V.

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
    3. Re:Sounds worse than it is by rebrane · · Score: 1
      Carnegie Mellon randomly checked the public portions of 250 students' computer accounts...71 students had posted MP3's with copyright-protected songs on Web sites...

      Sure sounds like web pages to me. Not that these articles are typically well-informed.

      --neil

    4. Re:Sounds worse than it is by hicktruckdriver · · Score: 1

      If you know anybody who was shut off for legal MP3s, have 'em raise a stink about it -- if RIT ever attempted to shut me down for sharing out my own music or other legal files, I'd be on the phone with the press, a lawyer, and firing off e-mails like a fekkin' madman.

      A University has a very good right to be scared of a lawsuit from a large organization representing rich people. However, they also need to be scared of lawsuits from people who they trample underfoot.

      --
      darius
    5. Re:Sounds worse than it is by Shadowlion · · Score: 1

      I don't see it as trampled. Even if you own the original music, you aren't allowed to *distribute* copies of it freely. From my understanding, you can use that music freely for your own purposes (making mix tapes, making a backup CD so you don't scratch/wear out the original, etc.), but you are unequivocably not allowed to distribute the music without the prior permission of the recording company.

      So if these students had put their own, legal, MP3s up on various sites, I think it's a logical assumption that they were intending to distribute them and thus breaking copyright law.

      (Standard Disclaimer: IANAL)

    6. Re:Sounds worse than it is by MaxVlast · · Score: 1

      Well, people are bitching. But they aren't getting very far.

      Computing Services has the right to shut the users off. And they had the right to do it for distribution of illegal material. That much is stated in the agreement that people (should have read) when they were registerin their network connections.

      The complaint is based on the fact that the guidelines that Computing Services presented were not identical to the ones that were enforced. People are quabbling over the details, not the substance of the raid.

      People might be annoyed, but they know that if they are distributing copyrighted materials, they don't have any legs upon which to stand.

      What's more, in the situations where mistakes were made, Computing Services worked reasonably quickly to rectify the situation.

      It really has died down here.

      --
      Max V.

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
    7. Re:Sounds worse than it is by Anonymous Coward · · Score: 0

      >>>I'd be ... firing off e-mails like a fekkin' madman. This might be difficult with no net access.

    8. Re:Sounds worse than it is by Anonymous Coward · · Score: 0

      RIT can pull your connection for whatever reason they want. After all, THEY own that connection, not you.

  8. And? by meadowsp · · Score: 1

    Why is this news, surely there's no invasion of privacy issues, if they're facing legal action for illegal files on their computers aren't they within their rights to punish the offenders?

    1. Re:And? by Anonymous Coward · · Score: 0

      one wonders if by indulging in this kind of policing they are not setting themselves up for greater liability in the future.

    2. Re:And? by Anonymous Coward · · Score: 0

      So when did student's computers become university owned?

    3. Re:And? by behrman · · Score: 1

      You'll notice that the article didn't say that they lost any computers. They lost network access. And the network at the university would be owned by said university. In fact, as a sysadmin, if I knew my network was getting bogged down with that kind of traffic, I'd gladly do the same thing. Or something similar. I'd have to ask myself: WWSD?* * What Would Simon Do?

    4. Re:And? by plague3106 · · Score: 1

      True...at first i thought the files were on the schools servers...but if CS broke into private students computers on the network, thats different. Could those actions be considered illegal? I mean just because you put your computer ont he network doesn't mean your network provider can try to break into it, does it? If i dialed into my ISP and they broke into my linux box b/c i had stupid passwords, i could still press charges couldn't i? Anyone know for sure?

  9. Good and Bad by schporto · · Score: 1

    I agree the students should be punished. It is against the usage guidlines set in CMU's computer policy. Acordingly they should lose the privlige (not right) to use those computers.
    But I think it could've been done better. Like an email to all students "we will be seraching the disks for any mp3's soon. This will be considered a violation blah blah." Then do it. Again and again. Not just to suddenly do it.
    I also have a problem with the RIAA saying they will sue CMU. Again the idea that CMU must police its student's pages is not something I like. I would agree that the RIAA has the right to sue those students though.
    And yes I know this will probably be an unpopular opinion in many regards.
    -cpd

    1. Re:Good and Bad by Anonymous Coward · · Score: 0

      Not unpopular, exactly, just clueless. The students, assuming they don't store their heads permanently where the sun don't shine, have already been warned many times. If they weren't paying attention, well, stupidity has a way of achieving a fitting reward sooner or later. Looks like they've gotten their moment of Sudden Clue.

      "No one expects the Sudden Cluequisition!"

  10. Par for the course by sumner · · Score: 2

    CMU has historically been very skittish about copyright violations. When I was in school there, they dropped a number of Usenet groups because they alleged that the majority of the posts to them contained illegally copied material. They've also been more than willing to pull the accounts of students whose machines are used to attack other machines. None of that should really be surprising, though; it is, in point of fact, illegal to copy mp3s of copyrighted material and since CMU long ago abandoned any pretense of being a common carrier they would be opening themselves up for legal troubles if they didn't cut of access to copyrighted material once it were found. The only troubling thing here--and it is quite troubling--is that they conducted inspections "at the order of" the RIAA. That could mean either that the RIAA said "we've seen evidence that machines X, Y, and Z have illegal mp3s on them" and CMU looked and verified that, or it could mean the RIAA siad "lots of CMU students have mp3s, why don't you look and see which ones". The first is IMO acceptable and in accordance with how law enforcement would act to comply with search and seizure restrictions. It's probably required to comply with the law, though IANAL. The second is rather heavy-handed, especially for an institute of higher learning. I am not a lawyer. This is not legal advice.

    --
    -- rage, rage against the dying of the light
    1. Re:Par for the course by myconid · · Score: 1

      They've also been more than willing to pull the accounts of students whose machines are used to attack other machines.

      I don't see the problem with that, am I missing something?
      Stan "Myconid" Brinkerhoff

      --

      SB.
    2. Re:Par for the course by Luke+B.+Bishop · · Score: 1
      Don't think "system belonging to a script kiddie". Think instead "Linux box with a user of 'user' with a password of 'user'". Some really insecure system which could be used as a redirector for an attack. Back in the day (and even today to some extent) this was how most "real" hacker/cracker/whatever's worked, by bouncing through a long pipe of systems, so you would have a hell of a time tracking them. Tack a few ssh2 pipes in there, and you get the point.

      Pulling the accounts of students with poorly secured systems? You absolutely SURE that your system is secure? Think about it.

      --
      -- For large values of one, one equals two, for small values of two.
  11. Wonder if other colleges will do the same by lost_it · · Score: 1

    I'm a student at VirginiaTech, and there are some idiots on the local network who leave their mp3 folders open to the public. I wouldn't feel sorry for them at all if they were caught.

    Just because the rule wasn't enforced before doesn't mean that they have to make an announcement before they decide to enforce it.

    1. Re:Wonder if other colleges will do the same by ColonelNorth · · Score: 1

      You really won't get busted for what you leave open with Microsoft Networking. Usually, these people don't want to leave their desks, and aren't technically proficient. They watch for IP based traffic that actually passes to/from your Resident Hall's subnet. Now, if you piss off enough people that a dozen or so complain, well then, they may look into it. :) Otherwise, nada.

  12. Nothing new at college. by ColonelNorth · · Score: 2

    This isn't something new, really.
    At the University of Maryland, College Park, they have been cracking down (or trying to) on the distribution of MP3s and pirated software for years. Unfortunatly, their detection has been rather limited, since all they really look for are student machines using significant bandwidth, which, in of itself, isn't proof of wrong doing.
    What you'll find on these college campuses, however, is a staff of people who enforce these "Acceptable Use Policies," and these staffs are usually made up of beaurocrats, and not techies. You are usually tried, convicted, and sentenced on even the most circumstancial of evidence. Hell, I know someone who got kicked out of Resident housing over LEGAL MP3s.
    And when the more serious network intrusions take place, they do it based on your IP address. It doesn't matter if your machine is owned, your IP hijacked, or the address simply spoofed.
    Basicly, there's a new kind of fascist in town. While they may not be smart enough to catch you, they may accuse you anyway and run you through. Be careful.

    1. Re:Nothing new at college. by Lord+of+the+Files · · Score: 1

      1)I ran into this at UM. "Project NEThics" is in charge of dealing with such things. My computer was broken into (my third day w/ a linux box on the network, had been using linux for 3 weeks maybe, utter newbie), and whoever broke in used it to port scan other universities networks. NEThics got 2 complaints (only one of the people who complained to NEThics bothered contacting me), and called me, to explain how I had violated all sorts of policies. I had fits convincing the guy that not only had my machine been broken into, I was also taking active steps to assure it wouldn't happen again. The guy clearly didn't understand the technical details - he kept repeating that "we have had 2 complaints about network activity originating from your data jack". While that neatly sums things up from a legal standpoint, it certainly didn't help me figure out what had happened or what to do. Personally I'd like to see NEThics funded less, and a group like CERT started with the extra money - it would do a lot more good.

      2)NOC looks for student machines taking up significant bandwidth. This happened to a friend, and he had to get a new ip, and domain name, but they didn't try to punish him as far as I know. NEThics on the other hand responds to complaints. They would probably deal with something like a mass complaint from RIAA, and they're likely to act more like CMU just did.

      --

      God does not play dice - Einstein

      Not only does God play dice, he sometimes throws them where they

    2. Re:Nothing new at college. by Anonymous Coward · · Score: 0

      yeah whatever, we got X terminals and NFS here and that also take a lot of traffic. sure not as much as the ftp site or bot runners, but network game players use just as much bandwidth. Bottom line is, those who got caught doing this and that are usually inviting investigation one way or another. frankly, i don't think it's too much to ask for those mp3 share abuse to tone down a little. maybe if they are dumb enough to use "mp3" or whatever as thier password, they deserve it.

  13. invasion of privacy by josepha48 · · Score: 1
    Could this be an invasion of privacty issue? I did not read the article so I do not know weather these were students personal computers or weather these were university computers. If they were university computers then I could see this as a selfprotection issue.

    However this is a good example of what is going to happen in the future of computing and the future of privacy.

    More and more there is a push for server side computing. Server side data storage, and server side everything. They keep all your information in various databases, yes even the portols do this. So when all your emila and all your files are kept on a remote server somehwere, who is there to stop them from telling you what you can store and what you cannot store? Maybe I have seen to many episodes of 'the net' but there may soon be a day when your whole life and all your info is on the web, and sys admins will always be able to access this information.

    send flames > /dev/null

    --

    Only 'flamers' flame!

    1. Re:invasion of privacy by Anonymous Coward · · Score: 0

      The computers were student computers sharing things via SMB. Even people with password protected files were disconnected.

  14. Good for CMU by Jon+Peterson · · Score: 1

    I don't see the problem. When I was at university they would search our home directories for stuff like password cracking tools and portscanners and so on. Big deal. It's their network, and their hardware, and their software.

    I've got no time for college kids running warez sites (albeit music warez not software warez).

    What's really strange is that if they go to some lame copyright seminar they get a lenient punishment. This smacks of the kind of enforced education (I use the word loosely) increasingly popular in the US as a way of treating young people of apparent delinquent behaviour. Very odd. At UCL we lost our accounts, full stop, for serious breaches of the rules. If that meant you couldn't complete your CS course then you were in big trouble.

    --
    ----- .sig: file not found
    1. Re:Good for CMU by Anonymous Coward · · Score: 0

      At UCL we lost our accounts, full stop, for serious breaches of the rules. If that meant you couldn't complete your CS course then you were in big trouble.

      Sounds good to me. Not everybody is cut out to be a professional in the IT arena. People with no sense of ethics really shouldn't be in the business.

    2. Re:Good for CMU by B.B.Wolf · · Score: 1

      Anal retentive morons. People with no ability to
      reason should not be posting to /.
      You guys are the types who equate bringing
      asprin to school with dealing heroin. When I was
      learning history, I had trouble seeing how a
      Christian nation like Germany could succumb to
      Nazism. Later I learned that there are people like
      you, then it all became clear.

  15. Oops, guess the RIAA is right this time! by iElucidate · · Score: 1

    The article brings up, offhand, a bit about privacy concerns. However, since these files were publically available over the school Intranet, that doesn't really apply. Now, I am completely against anyone monitoring my net usage, but when you post illegal content on a school site, they have a right to take it down, and I think CMU acted well here - no harsh punishments, no overreactions, just logical punishment that is fair.

    What worries me a lot more than CMU is the fact that the RIAA is forcing colleges to monitor content for compliance with their "rules." Since when can the RIAA enforce laws? Especially since the article doesn't say whether the songs were ripped by those posting them (legal, as long as no one who doesn't own it downloads it!), or which songs were available. Hmm....

  16. I know what you mean by Hermelin · · Score: 1

    People do that here at Michigan Tech too.

    I think I'm going to turn someone though.

    They have on their dorm door, "movies for sale or trade." So I think that they deserve to be smacked. Advertising that you have illegal copies of SouthPark, Star Wars, and others. Freshman are just too damn stupid.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it" - F. Voltaire.
    1. Re:I know what you mean by Anonymous Coward · · Score: 0

      Gee, nothing like trying to hurt someone because you think that they're stupid...

      If your motives were to save the movie publishers money, that's one thing. If it's just to hurt one of those "too damn stupid freshmen", forget it. Find something better to do with your time.

  17. Illegal search and seizure? by Uruk · · Score: 2

    Now their network access is obviously the school's, and subject to their terms. Admins can watch what goes into and out of a box, but is it really legal to "search" their computer? That sounds like definate search and seizure, which I thought couldn't be done without a warrant, definately not done just because a record company wanted you to.

    --
    -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    1. Re:Illegal search and seizure? by mochaone · · Score: 2

      They didn't search the student's home computers. They searched the public storage area that was allocated from the university's network. They can do whatever they want with their property.

      --
      Hates people who have stupid little sigs
    2. Re:Illegal search and seizure? by lost_it · · Score: 1

      If these mp3's were posted in a public SMB folder, for everyone on the network to see, then it really shouldn't count as an illegal search. It's like selling illegal movie copies on your front lawn...if a police officer drives by and sees you, he doesn't need (and shouldn't need) a search warrant to charge you.

    3. Re:Illegal search and seizure? by DJK · · Score: 1

      Well, I believe the article states that the "illegal" files were in students' public directories. Therefore, school officials didn't have to "search"; the files were there for anyone to inspect and grab. Officials just happened to "stumble" on them at the request of RIAA.

    4. Re:Illegal search and seizure? by Rupes · · Score: 1

      >They didn't search the student's home computers.
      >They searched the public storage area that was allocated from the university's network.
      >They can do whatever they want with their property.

      Ummm, no. This was done to the student's personal
      computers, in their dorm rooms - our accounts on
      the school computers weren't touched. It had
      NOTHING to do with the public storage area allocated
      from the university's network.

    5. Re:Illegal search and seizure? by dangermouse · · Score: 1

      Ummm, no. This was done to the student's personal computers, in their dorm rooms - our accounts on the school computers weren't touched. It had NOTHING to do with the public storage area allocated from the university's network.

      The question is, were the mp3s being shared on the campus network? If so, that constitutes illegal usage of university resources. At least, it does here at Georgia Tech, and I see no reason that shouldn't apply at your school.

    6. Re:Illegal search and seizure? by tesla · · Score: 1

      They also searched anonymous FTPs and ftp servers with obvious passwords (mp3,mp3) or people who posted a message in their FTP site to email them, and they would email them the name and password. I think the last bit is a little fuzzy, because I don't think they actually *emailed* the person, just denied them access if they said they would provide passwords.

      --
      --mere mortal--
    7. Re:Illegal search and seizure? by Anonymous Coward · · Score: 0

      It's not illegal search and seizure, because the MP3s were on the University's servers. If they searched the individuals' PCs, then they'd have a problem.

    8. Re:Illegal search and seizure? by cicatrix · · Score: 1
      I think that you also need to keep in mind that "illegal search and seizure" only applies to acts performed by government agents (e.g. police, FBI, etc.). Information gathered by civilians is admissible in a courtroom, regardless of how it was gained.

      Basically, since CMU is a private school (or at least I'm fairly certain it is), they can use said info, whether it was on their systems or on the students... Of course, if it was gained illegally, they could theoretically be in danger of litigation from the students--but I somehow doubt this is going to happen (if nothing else, it's probably in their network connection contract to be able to access connected systems at will)...

    9. Re:Illegal search and seizure? by Jimbo123 · · Score: 1

      Now I am a shit disturber. If I was there, I would load up a few gigs of mp3s from http://www.mp3.com where the music is free, and freely distributable, and post them on open smb shares and anon ftp. When those suits try to shut me down on the basis of copyright infringement, I would gladly tell them the nature of these mp3s, and that they are free to download them from www.mp3.com themselves if they like.

    10. Re:Illegal search and seizure? by Anonymous Coward · · Score: 0

      except they were password protected, which meant that the officials just happened to run an automated cracking tool on them (every student, not just the ones who got their access yanked). CMU students should feel free to crack any machine on campus, since cracking is obviously a-OK with the administration.

    11. Re:Illegal search and seizure? by Anonymous Coward · · Score: 0

      They did search the individuals' PCs. That's why they have a problem. Read the comments from the CMU students.

  18. Take your 90 minute class and get some free webspa by asa · · Score: 1

    First, tehschool should not punish students on behalf of another entity. The offended groups should sue the students if they think they can win. My advise for these students: take the 90 minute class and get some free webspace from Yahoo, Netcenter or GeoCities or whoever and post your mp3s there.

  19. Good Lord... by Myddrin · · Score: 0

    has my alma mater changed! I was there from '90-94 (in the Physics Dept.), and pirated software was *freely* availible not only on the appletalk networks, but also on the unix boxes. (I never used the pc's so I don't know about them). It was not only well known but joked about amongst the CCONs and UCONs (sysadmin/tech support folks).

    Now they are suspending rights to 'net some kids because of mp3s? At a school like that I think that is very unusually harsh. In the pre-Mosiac days, it was very common for profs. to _require_ you to run or read maiterial that was posted either on the intra- or inter-net. This seems highly cruel to me, since it makes it very likely the kids'll fail out.

    Note: I did _not_ download or use any of this software. For most of my stay there, I had no computer of my own, but for my freshman year I had an Amiga (which was unsupported). My views of pirated software and software pirates are my own, and I do not choose to share them in a public forum.

    --
    Myddrin
    1. Re:Good Lord... by Darth+Maul · · Score: 1

      Yeah, when I was there 94-98 they didn't seem
      to crack down on anything like this. However,
      I get the impression it is the RIAA that
      forced the change, not CMU.

      CMU is a great school, and they are NOT invading
      privacy by doing this; they were public machines
      so they had every right...

      --
      --- witty signature
    2. Re:Good Lord... by Anonymous Coward · · Score: 0

      I don't think that this punishment is harsh at all. It's illegal. If they wanted to, the RIAA could have simply sent this to the proper authorities instead of giving them a chance to take it down first. As the network manager for a small school who has received letters like this from the RIAA, I appreciate the advance notice... my job is much, much easier when students do not get arrested or fined because of copyright violation. And, these students will not necessarily fail out. Yes -- it will be more difficult for them to do their work in the convenience of their own rooms, but according to the report, they still have access in the public labs. They'll just have to suck it up and realize that they screwed up and be out of their own connection for a while. I'm sick of watching colleges coddle students who screw up and giving them a slap on the wrist... maybe some real consequences will help them do the right thing. Scott

    3. Re:Good Lord... by Myddrin · · Score: 1

      if cutting them off the 'net which causes them to fail out, all that does is benefit CMU.
      If half of the 71 fail out CMU gain $25,000(est)*36(rounded up)=$900,000. _AND_ CMU looks good for doing it. A fairer verdict would be to expell them but return the pro-rated room/board and tuition. Also mark on their transcript "expelled for violation of federal copyright law."

      Basically what I object to is CMU gaining finicially from their students breaking the law.

      I don't have a problem (well I do but that's another post) with "the law" being enforce here, just the way CMU is taking advantage of the situation.

      --
      Myddrin
    4. Re:Good Lord... by Anonymous Coward · · Score: 0

      Pay some attention, please. They were not public machines.

  20. Good Lord... by Myddrin · · Score: 1

    has my alma mater changed! I was there from '90-94 (in the Physics Dept.), and pirated software was *freely* availible not only on the appletalk networks, but also on the unix boxes. (I never used the pc's so I don't know about them). It was not only well known but joked about amongst the CCONs and UCONs (sysadmin/tech support folks).

    Now they are suspending rights to 'net some kids because of mp3s? At a school like that I think that is very unusually harsh. In the pre-Mosiac days, it was very common for profs. to _require_ you to run or read maiterial that was posted either on the intra- or inter-net. This seems highly cruel to me, since it makes it very likely the kids'll fail out.

    Note: I did _not_ download or use any of this software. For most of my stay there, I had no computer of my own, but for my freshman year I had an Amiga (which was unsupported). My views of pirated software and software pirates are my own, and I do not choose to share them in a public forum.

    --
    Myddrin
  21. Equally High Standards Across the Board? by starlingX · · Score: 1


    While I don't support the silly actions of WaReZ D00Dz, you've really got to wonder if the University applies the same high standards to on-campus software licensing, the distribution of photocopied materials in class, and the use of trademarked names and logos in its publications.

    1. Re:Equally High Standards Across the Board? by gutter · · Score: 1

      > While I don't support the silly actions of WaReZ D00Dz,
      > you've really got to wonder if the university
      > applies the same high standards to on-campus
      > software licensing, the distribution of
      > photocopied materials in class, and the use of
      > trademarked names and logos in its publications.

      I can't speak about campus software licensing (althought from most appearances they are compliant) but I do consulting work for the University Relations department, which handles all the copy centers, as well as course packets, and they are _very_ careful to make sure that all copyrights are protected.

      --
      Check out DRM-free movies at http://www.bside.com
  22. CMU still after the dreaded internet? by Anonymous Coward · · Score: 0

    This is the CMU of Marty Rimm fame, right?

    1. Re:CMU still after the dreaded internet? by Anonymous Coward · · Score: 0
      This is the CMU of Marty Rimm fame, right?

      Yes

    2. Re:CMU still after the dreaded internet? by Anonymous Coward · · Score: 0

      Guess what CMU punished Mart Rimm for- looking into publicly readable files in other users directories! Their policy is that if you don't have explicit permission to read the file, you shouldn't, even if the file is not protected. I guess expecting them to follow their own policy is asking too much.

  23. "At the order of the RIAA"? by FreeUser · · Score: 2

    While I am annoyed with those who insist on using mp3 as a method of propogating warez music and giving the rest of us a bad name, who simply want open standards and convinient fair use of the music we have purchased, I must say I find the notion of universities becoming a collective police force for the RIAA more than a little disturbing. When I was in college we all shared cassette tape recordings of music we couldn't afford to buy. This story calls to mind images of University employees and RAs entering dorm rooms, spot checking tape collections for illegal tapes.

    While what we did as students was not strictly legal, it was pretty damn harmless. I suspect the RIAA has made a great deal of money on each and every student who did this in college, as nearly all of us have no doubt moved on to buying CD's (and some of us going the extra step and ripping them into mp3 format for convinient access on our hard drives).

    I don't approve of what the students did, especially if the files in question were in areas with public access, which being on a web page implies. If they were running warez sites for the world to steal from, then shame on them. But if they were simply exchanging files among themselves, for their own use, then shame on the university and the RIAA for swatting a fly with a sledgehammer.

    I once considered making my mp3 collection available *to myself only*, via 128-bit encryption and password authentication, on my web page so I could listen to my music anywhere in the world, without lugging cdroms around. I opted out, as explaining that subtle but critical difference -- the difference between fair use and piracy -- is not something I wanted to do before a judge, especially with the extreme presumption of guilt when the phrase "made his mp3 collection available on a web page" is uttered. While these students probably weren't doing this, can anyone be certain based on the article as written?

    No matter how one slices this story, one thing is clear. Even the limited privacy we enjoyed as students even a few short years ago appears to have been vastly more sacrosanct than whatever it is students have now (calling it privacy would be a farce of the worst kind, I'm afraid).

    Shame on everyone. This is despicable.

    --
    The Future of Human Evolution: Autonomy
    1. Re:"At the order of the RIAA"? by mochaone · · Score: 1

      I must say I find the notion of universities becoming a collective police force for the RIAA more than a little disturbing.

      Would you consider the university a collective police force for the automobile industry if someone from the local Honda dealership noticed that one of the cars that was stolen off its lot was parked outside a dorm? You don't like the physical property analogy to intellectual property? What if the kids had copies of, let's say a pc game, that my wife designed? While you may not think it's a big deal to have fun amongst the boys and put the game on the server for your friends to use, you would be taking food out of my mouth.

      CM is doing nothing more than protecting its interest by respecting the law.

      While what we did as students was not strictly legal, it was pretty damn harmless

      You know, I wish I had the luxury of determining which laws I thought were breakable because what I was doing wasn't realing "harming" anyone.

      --
      Hates people who have stupid little sigs
    2. Re:"At the order of the RIAA"? by Rick_T · · Score: 1

      | You know, I wish I had the luxury of
      | determining which laws I thought were breakable
      | because what I was doing wasn't realing
      | "harming" anyone.

      Most people do, actually. For a good example, just take a look at speed limits, which most people on the highways break routinely. After all, is driving 56 in a 55 really hurting anyone? (It'd be a safe bet that most people would say no.)

      Note that I'm not saying that this is an excuse for putting illegal mp3s on a public share for the world to take. It was still against the law (and stupid). I'm just making the point that even everyday people apply the same rationalization to breaking minor laws (and in the grand scheme of things, busting people copying mp3s is pretty far down on the list of things I want my neighborhood cops on the streets for) as the previous poster.

      CMU searching *private* areas would be a whole other can o' worms, though.

      --
      -- Rick
    3. Re:"At the order of the RIAA"? by evilpenguin · · Score: 2

      Rationalize it all you want, it is still illegal to speed. The law is just another social contract. I agree to be contrained by rules because I then know others are similarly contstrained and this protects me from harm at the hands of others. So you speed, doing 70-mph in a 55-mph zone on an urban freeway. No harm, right? Well what about someone doing 45 in a 30 zone at a grade crossing on a snowy day? That 15mph difference could be the idfference between stopping successfully when the light changes and slamming into someone, killing them.

      Speeding is not without consequences, even on the freeway. Because you are willing to take the risk on yourself does not mean that I, as another driver on that road, have agreed to take on that added risk.

      I, too, exceed the speed limit somewhat in my desire to get where I'm going, but if I get pulled over and get a ticket its just my own damned fault.

      While I love free software and am very upset about patents and their effects on programming freedom, I totally support copyright in all of tis forms. It is up to an author whether or not to sell or give away their creation. When you copy and share, you steal. Period. It may be a small crime, but you knew you were breaking the law. You have to accept the consequences. "Everybody does it" is not an excuse.

      "A patriot is someone who gets a parking ticket and rejoices that the system works."
      -- Somebody clever whose name I can't recall right now...

    4. Re:"At the order of the RIAA"? by Bilestoad · · Score: 1

      Despicable? What a complete load of bollocks. University owns, maintains, supports a network. Finds some material violating copyright and revokes the privileges of the perprtrators to use that network.

      See the difference between copying tapes on your own machine and passing MP3s around using college machines? Why should any college subsidise a taste for music, even at only 3-5M per track?

      Don't think about it as "at the order of the RIAA" but "to avoid exposure to legal action by the RIAA". If you think it matters who is likely to win such action, ask yourself whether it would have hurt Diamond (public company) or RIAA (industry lobby group) more to contest the RIO? Now extend the question to involve the college. Should the college "take a stand" and be prepared to take on the RIAA, setting aside substantial sums to pay lawyers, or maybe decrease tuition fees, upgrade their network, get Korn to play in public space some time next summer?

      When I was a student, (not just a few but several short years ago) the same kind of thing happened at my university, but it was for having copies of Comanche 3, Might & Magic IV and Doom that people were getting their accounts suspended. How about that, is that despicable too? At the time we laughed at those idiots who would go over quota with large games in their accounts - just another kind of Darwinism.

      Your idea of privacy is somewhat warped. On your own machine, encrypted with 128 bits, not networked, is reasonably private. Take away the encryption and connect the machine to a network and that's not very private any more.

    5. Re:"At the order of the RIAA"? by Priestess · · Score: 1
      When you copy and share, you steal. Period.
      How depressing.

      When you share you're not even breaking a law, much less stealing anything. When you copy you may be infringing on a copyright, but even that is not theft. It simply isn't, it doesn't even have the same sentences as theft. Legally speaking they're different crimes.

      Ethicly speaking, my mother always told me it was good to share and I've always respected her opinion over the opinion of a greedy corporation myself. She seemed to have the best interests of me and the society I live in at heart more often than, for example, Sony who just seemed to want to make money.

      Pre......
    6. Re:"At the order of the RIAA"? by Wah · · Score: 2

      I totally support copyright in all of tis forms. It is up to an author whether or not to sell or give away their creation.

      Yup, and as soon as the Artists call CMU and tell them to take their creations off the local network I will support that decision.

      My problem with the RIAA and it's practices is the abuse of artists by the big 5 recording companies. Making them sign away their lifelong right to their own music and URL simply to get the foot in the door of a building that the RIAA (for simplicity's sake) has bolted shut.

      When I have to chose between supporting what I see as immoral market actions with slightly illegal actions (made illegal by the same people who wish to control it), well, I think it's fairly obvious where I stand. This is the same moral market decision that has allowed me to install the same copy of Win95 on *gasp* three machines.

      (Most of the streaming MP3's I listen to are either electronica/ambient/tech or from Phish, who have seen in thier wisdom that freely distributing live music is a GREAT way to promote a band)

      --
      +&x
    7. Re:"At the order of the RIAA"? by Anonymous Coward · · Score: 0

      wiggle wiggle wiggle.

      Breaking someone's copyright is infringing on their rights. Wether it is 'theft' is an excercise in rhetoric.

    8. Re:"At the order of the RIAA"? by FreeUser · · Score: 2

      Spitting in somebody's face is an infringement on their rights (assault).

      Whether it is theft is hardly an excercise in rhetoric, unless all things equal all things in your world. Theft != Assualt != murder != copyright infringement. It is that simple.

      The problem with the RIAA (and now the film industry) is that they are happy to redefine "copyright infringement" as "theft", even though legally, ethically, and semanticly they are not the same. Indeed, they often even go further, equating "fair use" (legally permitted) and "reverse engineering" (also legally permitted if you are trying to get something to interoperate with something else, such as, say DVD and Linux mentioned in another thread). Their purpose in doing this is to demonize those infringing upon the copyright, which includes just about everybody who ever taped a song off the radio, a television show with their VCR, or made a tape from their CD, if they *gasp* went so far as to share it with another.

      --
      The Future of Human Evolution: Autonomy
    9. Re:"At the order of the RIAA"? by evilpenguin · · Score: 2
      When you share you're not even breaking a law, much less stealing anything. When you copy you may be infringing on a copyright, but even that is not theft. It simply isn't, it doesn't even have the same
      sentences as theft. Legally speaking they're different crimes.


      This is facile. It depends on who owned what you're sharing in the first place. Feel free to share anything you own. When you share property of mine without asking me or telling me, you are stealing. And I don't care if the law views it differently, I am talking about moral conduct here.

      I think there is plenty of room for a philosophical debate about the nature of a duplicable recording -- how can it be stolen if the "owner" still has the thing? You've just made more of it. Is a copy of a thing the thing? This is metaphysics.

      As a matter of practice, however, the whole of copyright law is based on the notion that the author of a text (or score, and by extension the more modern texts of film, broadcasts, and recordings of the same) can choose to reserve rights to that work; can choose to grant those rights in whole or in part. Unpublished works are protected. Published works are protected by copyright.

      The point of this that the copyright holder is the sole entity with the right to assign those rights. When you copy and distribute, you are usurping the right of the creator because you feel like it. Criminal copyright violation is a felony and carries considerably greater criminal and civil penalties than would theft of a CD from a record store, which would be a petty misdemeanor.

      In music these days, most artists are covered by ASCAP (in the US) or BMI (in the UK) minimum basic agreement (or better as negotiated by the artist or his/her agent) which grants certain specific rights to the record label for a certain period of time and certain rights to the artist. Amongst other things, these basic agreements specify terms for radio broadcasting of songs, so that indivdual radio stations don't have to enter into individual contracts with indivdual artists to play individual songs on the radio.

      Now, if I publish a song and copyright it, I do so in the expectation that I (or contractually authorized agents) will control distribution of the song. When you copy it and give it to a friend, you steal that right (and in all likelihood, cost me money). If I publish a song and do not copyright it, or I grant specific permission for everyone to use it as they please, then fine. I don't then expect that control.

      The courts have established a fairly consistent pattern when it comes to home recording. When a recording is of material legally purchased by you and that recording is intended for personal use, then it constitutes "fair use" and you may do so. Play it to others for profit, give it away to others, or sell copies and you are stealing (criminal copyright infringement).

      As for the RIAA, they are the trade association of the recording industry. They act in the interest of their members (the record companies).

      This is not a free-speech, free-software issue. This isn't even like the Linux CSS software debacle, which was about a boneheaded encryption scheme that locked out open-source software. But why does the entertainment industry want bonedheaded encryption? Because of a bunch people out there "sharing."

      Look, we either live in a civil society or we live in a "bugger the hindmost" every savage for himself, take what you can get, screw your neighbor society.

      Your choice.
    10. Re:"At the order of the RIAA"? by Anonymous Coward · · Score: 0

      Should the college "take a stand" and be prepared to take on the RIAA, setting aside substantial sums to pay lawyers, or maybe decrease tuition fees, upgrade their network, get Korn to play in public space some time next summer?

      CMU will decrease tuition when hell freezes over.

    11. Re:"At the order of the RIAA"? by Aphelion · · Score: 1
      CM is doing nothing more than protecting its interest by respecting the law.

      The RIAA's influence has absolutely no basis on law, and CMU was in no way "protecting its interest." Through this act, they can no longer protect themselves from liability through carrier status, as they've clearly defined themselves as moderators.

      By implicitly claiming responsibility for this event, they've opened the door for other violations; they can not be liable for one event, yet not another. A similar issue was raised recently when Yahoo moderated a number of posts on their message boards.

      Let the RIAA serve up a court order. Then, you can say that CMU was "respecting the law."

    12. Re:"At the order of the RIAA"? by gad_zuki! · · Score: 2

      You know, I wish I had the luxury of determining which laws I thought were breakable because what I was doing wasn't realing "harming" anyone.

      Of come on now, spare me you self-righteous sanctimony. People do this constantly be it traffic laws, littering, 'stupid' local laws, trespassing, piracy, drugs, prostitution, curfews, etc.

      What the first post of this thread really was about is, yes, the harmlessness of consumer piracy and how the litigation craze has become the net's inseparable partner. It will continue to happen until mama-cass-meteor smacks the earth and for the most part its beneficial. How many musical acts would be unknown if it wasn't for word of mouth and piracy? The grateful dead comes to mind here.

      Selling pirated music is much more a crime because it actually DOES take money away from the rightful company. While giving your buddy a copy of something doesn't mean he was going out to buy it, in fact he might think its terrible and save himself 15 bucks.

      If you're that naive and have zero-tolerance for software piracy than its just not the industry for you.

    13. Re:"At the order of the RIAA"? by evilpenguin · · Score: 2

      "Theft," in common usage is absconding with private property. Copyright is a legal construct that makes the specific embodiement of a set of ideas into private property. Copyright infringement is, therefore, whether "legally" or not, theft.

      As it happens, the penalties for theft of a $25 something are far less than the potential penalties for copying a $25 something and giving it to friend. Criminal copyright infringement is a federal crime and a felony. $25 theft from your local Market-o-Mass-Media is a petty misdemeanor.

      Believe it or not, there is a conception of right and wrong beyond the narrow confines of legalese. It seems to me right and proper that the creator of a work should have the right to control of the work. That's what copyright is about. The right to copy.

      If you create something and wish to cast it into the wind, so be it. That's what the GPL is about: using the instrument of copyright to ensure that a work is and shall remain free.

      My whole point (I had one when I started) is that this is not like the Linux DeCSS mess (where they did nothing AFAIK that would constitute a violation of US law; how sad they were in Norway if their laws make what they did illegal). This is not a free-speech issue (unless you are talking about the free-speech rights of the artists). This is not like the arguments against software patents.

      There was a recent case where somebody wanted to use Dr. Martin Luther King's famous "I have a dream" speech in a television advertisement. This is something I would have held to be a grotesque debasement of one of the most important examples on rhetoric in this, or any other, century. Fortunately, Dr. King copyrighted all his speeches. The advertisers went to court arguing that it had been news, and therefore a matter of public record. The court upheld the copyright. Copyright good.

      You may indeed be doing little or no harm when you copy a song and give it to a friend. If it stays at that level, it is unlikely to draw the attention of any law enforcement or corporate lackeys. But it is the same usurpation of the creator's rights as it would be if you did it on an industrial scale. It is simply a matter of scale, or degree. It is the same act. We convict someone of murder no matter if they kill one person or fifty. When you copy a song and give it to a friend you are acting as those advertisers would have acted if they had gone ahead and used "I have a dream" to sell a car, or some soap, or bottles of beer.

      The placing of mp3s on public servers (and we didn't get enough detail on this story, so I am only assuming this is what they did), and then to argue fair use is like me copying your book 100,000 times and leaving the copies lying around and then trying to claim, "Oh, that's fair use -- those are all for me."

  24. RIAA: Tunes Gestapo? by Komodo · · Score: 1

    Violations of civil rights and strange standards of evidence are nothing new at universities. A lot of them have the attitude that the student is there for an education, and the 'free' computing facilities are there for educational purposes, not downloading pr0n or warez or whatever.

    What disturbs me is that the RIAA can strongarm (or even weakarm) any institution into 'busting' people - and that the university would be proud of this?? The RIAA is NOT a law enforcement agency. They do NOT entitled to enforce the law or 'order' inspections of anything. If the RIAA shows up at my doorstep, I'll sue them for trespassing. I answer to the Law - that means cops following due process - not a bunch of industry extortionists.

    Maybe if the RIAA gave money back to the artists instead of keeping it for the music monopolies, I might be less inclined to use the flamethrower here. But they aren't, and this is just plain wrong.

    1. Re:RIAA: Tunes Gestapo? by birdy · · Score: 1

      Right. My problem with this is not the violation of the "divine right to distribute bootleg mp3s," which doesn't exist. It's the ability of the RIAA to force entities to crack down proactively under threat of lawsuit -- and then sort out any mistakes later. "Innocent until proven guilty" does not exist to protect the guilty!

  25. hrm... by Haven · · Score: 3

    The university said it discovered the copyright violations last month, when it conducted surprise inspections of student computer files at the behest of the Recording Industry Association of America.

    If I was the head of a univeristy I wouldn't listen to the RIAA, even if they threatened to sue, because they could only bring legal action upon the students. It would be like if I hacked slashdot and put up an mp3 ftp site. The RIAA couldn't prosecute Rob or Hemos. They would find an prosecute me. People are so afraid of the RIAA. If I were in their shoes I would only listen to law enforcement officials.

    1. Re:hrm... by larien · · Score: 3
      This is a grey area, with the university possibly being responsible for the content within the pages, even if they didn't write them.

      FWIW, I'm an admin at a university, and I'd do exactly the same if one of our students posted MP3's on the web.
      --

    2. Re:hrm... by LennierBOFH · · Score: 2

      I'm no lawyer, but I don't know how true this is. As a network admin, I am responsible for everything that is on my network. If someone has access to something they shouldn't, it's my fault. If someone is misusing my network, it's my job to track it down, and put a stop to it. Look at it like this: If you hacked slashdot, and put mp3's up, yes, you would be liable. BUT, if Rob and Hemos found your MP3's and kept them up, they would be responsible as well. Aiding and abeding...

      --
      :wq
    3. Re:hrm... by Kelt · · Score: 1

      From the threads I have gathered here, it looks like the files in question were held on private PC's (those of the students) and protected by (albeit easy) passwords. Guessing even an easy password is cracking. Last time I checked, connecting to someone's network did not give away your right to not be cracked. And cracking into someone's computer is still illegal.

      Methinks those students that DID have passwords, non-public accounts, etc., should contact a lawyer and file a suit.

      -Steve

      --
      My intelligence insults itself.
    4. Re:hrm... by Haven · · Score: 2

      it said in the article that they were held on public network space. Most Universities give you space to put files so they can used at the lab without floppies.

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

      File a suit for what? As was said earlier... they have no right to network access in their dorm rooms. It is a privlege, that they abused and now (a month ago) are paying the price. I am a student at CMU and am upset that people are actually outraged at this. The students deseerved to get their network connection cut and be reported to the RIAA for a lawsuit. CMU was doing the students a favor. Oh yeah, and by the way... this is over 1 month old.

    6. Re:hrm... by Bilestoad · · Score: 1

      >Methinks those students that DID have passwords, non-public accounts, etc., should contact a lawyer and file a suit.

      Breathtaking in its naivete, but unsurprising I suppose.

    7. Re:hrm... by gimpboy · · Score: 2

      It would be like if I hacked slashdot and put up an mp3 ftp site. The RIAA couldn't prosecute Rob or Hemos. They would find an prosecute me. People are so afraid of the RIAA. If I were in their shoes I would only listen to law enforcement officals.


      actually. if you hacked slashdot and did illegal things. rob and hemos would be responsable for stopping your. if they didn't do anything, they could be sued for your actions on their part.
      their computers are their responsability regardless of who hacked into them.

      if you are at a school and you are using the schools network you are under their law. the administration can trun your network off whenever they feel like it. its not your network. if you are using their network for illegal activities, it is the administrations responsibility to deal with you.

      i am speaking from expirence. geffin (sp?) records put the smack down when i lived in the dorm, and the university disconnected me without a word. i was rather disturbed at the time, but they were within their right. i was pretty lucky no legal action was taken.

      they are actually doing the students a favor. if they didnt stop them the riaa could easly have them arrested.

      john

      --
      -- john
    8. Re:hrm... by MillMan · · Score: 2

      Universities are afraid of making anyone mad, due to the "philosophy" of political correctness and the threat of lawsuits. From what I've seen in lawsuits that come from situations like this, the responsible party is almost always ruled to be the end user, studends in this case.

      I go to one of the largest public universities in the country, and at any given time, they have at least 50 lawsuits pending against them, probably many more. The threat is real. Don't count on universities to take a stand in this case. They almost never take a stand on anything.

      You would think students at CMU would be smarter than this. Rule number 1: no mp3s on the web. OThey'll be taken down quickly. ONLY run ftp sites from YOUR computer. Rule 2: Don't suck more bandwidth than you can get away with. If you're bogging down an entire t3 line, people will start asking questions.

    9. Re:hrm... by T-Ranger · · Score: 1
      possibly being responsible

      Exactly, now that they have taken the step of making themselves responsible, they are. If they had mad the distinction that they are just /carriers/ of information, then they would be all clear. But now they are taking steps to show that they are /publishers/ of information, and in the long run this is a bad idea.

      Would you sue a university if one of there students were making harssing phone calls from there doorm room? I dont think so.

    10. Re:hrm... by Anonymous Coward · · Score: 0

      Actually, this is a criminal issue, so they need to talk to FBI. This is (obviously) unauthorized access to a private computer. This is not any different than if a student guessed passwords for a CMU machine. The people who should be talking to the FBI are people who had password protected shares up that had no illegal files on them. Not that the feds will actually do their job, but thats a different issue. Merely lodging a complaint would be much more effective protest. Cracking is cracking is cracking.

    11. Re:hrm... by mlc · · Score: 1
      As I understand it, the MP3s in question were not posted on the web but rather placed in shared folders on private computers. By my [weak] understanding of the law, that's less of the university's fault than putting them on a university-administered webserver.

      My university's webserver is down at the moment [almost certainly for entirely unrelated reasons], so I can't check the policy here for further elucidation as to exactly what I signed when I signed up for Ethernet access.

    12. Re:hrm... by Anonymous Coward · · Score: 0

      The article was wrong. Some were in private space.

    13. Re:hrm... by Anonymous Coward · · Score: 0

      I wish there would be a lawsuit. But, as others have said, they're only off the network for a month. Enough to sting, not enough to warrant a lawsuit. I suspect that CMU was walking a thin edge. If there were fines or permanent removal, *then* CMU might be looking at a few lawsuits.

      I still think that what CMU did was wrong.

    14. Re:hrm... by Anonymous Coward · · Score: 0

      That much space would probably be good for only a few mp3s. And such directories can be accessed without knowing the student's password (as the root has access to it anyway). It was the directories shared with SMB that caused the problem. I have seen many shares with their passwords given in a file accessible to all. Those are probably illegal but shares with easy passwords are legal. Or so I'd believe.

    15. Re:hrm... by Lord+of+the+Files · · Score: 1

      Yes, CMU has the right to take away anyone's network connect that they like. However, they still don't have the right to break into student computers. They may be able to claim that what the students were doing was illegal, but iirc accessing any computer which you are not supposed to have access to is illegal. Even if the security is hopelessly weak. Even if the password is "password". That would make CMU's actions illegal. They may be entitled to punish students for the stuff they were posting, but they still may be liable for how they went about finding those files.

      --

      God does not play dice - Einstein

      Not only does God play dice, he sometimes throws them where they

  26. All of a sudden... by interiot · · Score: 1
    "The fact that the university had not actively enforced these policies up to this point caught a lot of students off guard."

    There are a LOT of students sharing MP3's at my university, but the university hasn't done anything about it unless the RIIA tells them about a specific student.

    The message I've gotten was that they didn't care if we traded MP3's amongst ourselves as long as we weren't part of a big pirating ring. If my school suddenly changed its stance, I'd be surprised (pissed) too.

    1. Re:All of a sudden... by Anonymous Coward · · Score: 0

      I go to a small university in Canada. I happen to be friends with most of the junior sysadmins and know some of the senior sysadmins by name.
      We've all got our own mp3 collections (I got a nice soundtrack from one of them) and used to share/swap frequently. I stopped publicly sharing my mp3 folder when I found multiple copies of it shared elsewhere on the network.
      Now just about everybody's got theirs password protected, but passwords are usually given out to anybody who asks.
      Most of the senior students keep their mp3's on their own computer and share them over the network. Most of us are smart enough not to put the school into a difficult position by placing them on the school's servers. There are others, such as freshmen, who don't know better/don't care and overload the servers with mp3s. There has been no crackdown yet, but if the main server keeps running out of hard drive space, there may be one coming..

      -posted anonymously because people referenced above read slashdot.

  27. This isnt the first time by schnurble · · Score: 1

    My University (Drexel University in Philadelphia, PA) did this in Spring of 1998. 5 students on my floor had network access terminated for the entire term due to MP3 sharing (they were, admittedly, stupid about it, non-passworded shares labelled "mp3"). Given that spring term is when we apply for coop jobs, and we had to grab the coop job lists off the network servers, they were hurting a fair bit.

    I heard a report from somewhere that last year over 500 students at Drexel fell to the same fate (all frosh tho). Yet, nowhere in the networking policies do they specify MP3's, and an amazing number of people in this country don't even think twice before grabbing an MP3 or 50 for late night coding music. Noone really bothers to think that, yes, mp3's ARE copyright infringement if you don't own the CD. They just click and drag, click and drag...

    Yes, I have MP3's. Used to have a secure 8GB archive on a server I administered. But anything I listened to on a regular basis, I bought the CD for. That's what I do now. I just bought 7 CDs to cover 17 MP3's that I listen to daily. If the music is good, I have no problems purchasing the CD and supporting the artist. Unfortunately, the local radio stations like to censor music, and they play the same 20 songs all damned day.

    But I digress. This isn't the first time students have been raided, and I'm damned sure it won't be the last time.

    --
    "To err is human, to forgive is simply not my policy." --root
  28. ISP courtordered for illegal MP3 by xs4all · · Score: 1

    Here in Belgium, major ISP Skynet was courtordered to have all links to illegal MP3 downloadsites removed.

    Judge ruled that the ISP was liable/responsable for the content on its users sites/homepages.

    If they didn't they got a fine of approx 300$/link.

    1. Re:ISP courtordered for illegal MP3 by Stonehead · · Score: 1

      I have seen this in the newspaper here in The Netherlands, too. Of course ISP's protested, but I've seen little discussion for the rest. Of course this judgement is ridiculous. You don't declare the Major of a city guilty for having an inhabitant doing illegal things. And it is immoral to force the major to stalk his inhabitants.
      The same thing holds for universities. Haven't they got anything more serious to do than spying on users? It is my own responsibility, not theirs. Of course, the general rules prescribe that I don't put illegal things online, but the reason for such regulations should be prevention that lamers who want to download it flood the university's network.
      Apart from that, I still think the industry should do something about the core problem - software and music prices are simply too high. Furthermore, the damage is only done to the already popular stuff. You hardly find the Charlatans in MP3. You *will* find Britney Spears, and lots of her. Acrobat nowhere, Office 2K everywhere. With DVDs it'll be the same. Office 97, however, is gone - and it's too young for abandonwarez. Maybe pricing that one for a bargain could help against piracy?
      I think MP3 is a wonderful format. There should definitely come some kind of regulation for bootlegs. Napster is just great for finding unreleased Radiohead live tracks and rare B-sides.

  29. Network Access Revocation by Weezul · · Score: 2

    Standford revoked many people's access for running Linux last year.. but people easily go arround it by running port scan detectors. I think serious people will just move to that sort of system now, i.e. deny access to all on camopus computer execpt ones that lie in blocks wired to dorm rooms. This creas an interesting idea: I wonder how easy it would be to keep an updated list of RIAA and co. IP blocks? I know they can always get a short term dialup account, but that can not be as efficent as looking for people from their own systems. Any ideas?

    It will take a little more work to make Piracy really safe for the windows users, but most of the time the people looking for piracy don't check out SMB shares anyway.

    Speaking of making piracy safe, here is an interesting idea: use a daemon (using a random port selected at install time and automatic portscan detector) to create a network were each person's computer shares it's list of MP3s but only talked to their friends systems for everyday sorts of contact (well execpt for actually transmitting the MP3s). Sorta like an old BBS style network.. execpt with no global network map. This could go a long way to making it impossible to effectivly bust pirates. I mean they could always go after the one guy who was pirating a specifi thin (like a movie) but it would be uneconomical to just go take out the popular since every site would be equally popular and tere would be no way (short of DLing all the MP3s on the network) to KNOW that you had them all. just a though..

    Jeff

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    1. Re:Network Access Revocation by retep · · Score: 1

      Why did they revoke access for running Linux? Sounds really dumb to me.

    2. Re:Network Access Revocation by Masem · · Score: 2

      Over here at Univ. of Michigan, the engineering computer support team has justed released it's first version of "Blue Hat", a Red Hat derived Linux distrubtion with additionaly functionality for some of the networking features here on this campus (AFS, Kerberos, etc).

      --
      "Pinky, you've left the lens cap of your mind on again." - P&TB
      "I can see my house from here!" - ST:
    3. Re:Network Access Revocation by Chuck+Milam · · Score: 1

      Why did they revoke access for running Linux? Sounds really dumb to me.

      Fear and ignorance. Imagine this: "Linux is a hacker (should be "cracker" I know) OS, and therefore can only be used for serving illegal warez and running IRC servers and cracking into the university systems. If you allow Linux to be installed, the end of the world as we know it is nigh upon us...blah, blah, panic, etc..."

      Of course, no one actually thinks: "Hmm...lots of Computer Science/MIS students might use Linux for class work, and actually, come to think of it, lots more students in general are using Linux just because they're sick of performing "Illegal Operations" and having to reboot three times a day."

      A Linux ban almost came to be here, but it was killed quickly, thanks to the fact that those in the position to make the decisions had already seen the advantages of Linux, and were able to see the anti-Linux FUD for what it was.

    4. Re:Network Access Revocation by Anonymous Coward · · Score: 0

      Revoked for running Linux??? What sort of a lame computer university is that?

      I almost thought about going there...glad I didn't.

    5. Re:Network Access Revocation by Anonymous Coward · · Score: 0

      yeah gosh i'm glad. They also have a Gate's building right?

  30. Carnegie Mellon will never get away with this! by Anonymous Coward · · Score: 2
    Maybe I'm naturally oversensitive, or maybe someone just slipped me decaf coffee this morning, but we all have an obligation to stand up together and forcefully oppose Carnegie Mellon University's uneducated reinterpretations of copyright law. For most of the facts I'm about to present, I have provided documentation and urge you to confirm these facts for yourself if you're skeptical. How can we expect to help you reflect and reexamine your views on Carnegie Mellon University if we walk right into Carnegie Mellon University's trap? A necessary first step towards recovery is to look at Carnegie Mellon University with new eyes, unclouded by a lifetime of false information and deception propagated by the most choleric perverts you'll ever see. According to Carnegie Mellon University, anyone who points this out is guilty of spreading lies, smears, and racism -- an instructive warning for the future.

    I once had a nightmare in which Carnegie Mellon University was free to usher in the beginning of a disrespectful new era of parasitism. There is absolutely nothing these foul-mouthed diabolic-types will not do to destroy their enemies. They will poke into the most secret family affairs and not rest until their truffle-searching instinct digs up some deplorable incident that is calculated to finish off their unfortunate victim. It is easy to see from the foregoing that I take seriously the view that just because you can do something does not mean it's okay to do it. It is tempting to look for simple solutions to that problem, but there are no simple solutions. I don't know when obscurantism became chic, but we can never return to the past. And if we are ever to move forward to the future, we have to indicate in a rough and approximate way the two snooty tendencies that I believe are the main driving force of modern Marxism.

    I respect Carnegie Mellon University's criticisms, although it got into a snit the last time I pointed out that the truth of this is by no means limited to the field of general culture, but applies to politics as well. If there is one thing I have learned, it is this: you don't need to look far to see that Carnegie Mellon University continuously seeks adulation from its cronies. Apparently, some of Carnegie Mellon University's wishy-washy tirades are so self-contradictory, they're their own refutation. If a new Dark Age is about to descend upon us -- as many believe it will -- it will be the result of Carnegie Mellon University's writings.

    After all, if we submit to Carnegie Mellon University's definition of "hexosemonophosphoric" and become unscrupulous, we have lost the war for self-preservation. Unsettling as that is, the more infuriating fact is that if Carnegie Mellon University is allowed to burn books, the implications can be widespread. I have just one word for Carnegie Mellon University: transubstantiatively. If saturnine ignoramuses can one day replace the search for truth with a situationist relativism based on acrimonious alcoholism, then the long descent into night is sure to follow. By now, we are all more than familiar with Carnegie Mellon University's unpleasant deeds. Let me explain. Outrage pounded in my temples when I first realized that Carnegie Mellon University wants to hijack the word "ultraphotomicrograph" and use it to destroy the values, methods, and goals of traditional humanistic study.

    Carnegie Mellon University's stratagems have grown into an intemperate tapestry weaving together classical conspiracy theories of the 19th century and post-Marxian economics. It's my hunch that Carnegie Mellon University uses the term "theoanthropomorphism" with ostensible confidence that its meaning is universally understood. Notice the raucous tendency of Carnegie Mellon University's bons mots. This is kind of a touchy subject to some people. Speaking of abominable imbeciles, no one of any intelligence believes that anyone who resists Carnegie Mellon University deserves to be crushed. Human life is full of artificiality, perversion, and misery, much of which is caused by the worst types of immoral riffraff I've ever seen. And that's the honest truth.

    1. Re:Carnegie Mellon will never get away with this! by wik · · Score: 1
      Does anyone else find this diatribe of multi-syllabic lexical items amusing?

      I don't know... attempts to indict CMU with conspiracy theories seem to simply be the expressions of a frustrated student. Take all of these conspiracies with a grain of salt. CMU's administrators really aren't capable of conspiring, anyway.

      --
      / \
      \ / ASCII ribbon campaign for peace
      x
      / \
    2. Re:Carnegie Mellon will never get away with this! by Anonymous Coward · · Score: 0

      Um, yeah. Maybe you should send that as email to the CMU Sysadmins.

    3. Re:Carnegie Mellon will never get away with this! by Royster · · Score: 1

      we all have an obligation to stand up together and forcefully oppose Carnegie Mellon University's uneducated reinterpretations of copyright law.

      It is actually a well informed interpretation of the law. If students are making copies of music illegally available and it is brought to the attention of the administration, they have to act or assume liability themselves.

      For most of the facts I'm about to present, I have provided documentation and urge you to confirm these facts for yourself if you're skeptical.

      And then you neglect to present any facts. If this were a paper that I were grading, you would earn an F for an utter lack of content.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    4. Re:Carnegie Mellon will never get away with this! by Anonymous Coward · · Score: 0

      For your own safety, and for the safety of others: PUT THE THESAURUS DOWN!!!!!!

    5. Re:Carnegie Mellon will never get away with this! by Leebert · · Score: 1
    6. Re:Carnegie Mellon will never get away with this! by Anonymous Coward · · Score: 0

      Ha! You played! (and don't forget your unitalic bracket!!)

  31. They broke the law... by Rob+the+Roadie · · Score: 1
    These students broke the law and they got off lightly. The punishments handed out hardly seem harsh when compared to the powers of the RIAA. The students were given access to a privately owned network and instructed on the Acceptable Usage Policy and then they abused the privilage.

    "There was a good bit of uproar," Mr. Fowler acknowledged. "The fact that the university had not actively enforced these policies up to this point caught a lot of students off guard."
    And this is supposed to make it alright?

    I am upset about one comment from the article as it implies that the RIAA will force the responsibility upon the colleges. All it will take is for one school to be sued and access to computers will either be revoked across the board or replaced by locked down, MS Windows workstations managed by SMS refreshing the builds every night to ensure that no one can do anything anymore.

    Power is nothing without control --or-- Who polices the police?

    1. Re:They broke the law... by Anonymous Coward · · Score: 0

      Let's see, if you got arrested the next time you jaywalked; would you be happy? How about if they said they arrested you because you were jaywalking in a red shirt, but that people wearing other colored shirts wouldn't be arrested that day?

      But then you *knew* it was against the law to jaywalk, didn't you?

  32. At The Order Of? by Peale · · Score: 1

    Can the RIAA do that? I mean, they're a private agency, and not a government institution, right? Even the government needs a subpoena. Or was the college just being 'nice' to the RIAA?

    I'm sorry. What I meant to say was 'please excuse me.'
    what came out of my mouth was 'Move or I'll kill you!'

    1. Re:At The Order Of? by fprefect · · Score: 1

      You don't need a subpoena to examine something that's publicly accessible, but yes, the RIAA couldn't reach the network without cooperation from CMU.

      --
      Matt Slot / Bitwise Operator / Ambrosia Software, Inc.
    2. Re:At The Order Of? by Anonymous Coward · · Score: 0

      You don't need a subpoena to examine something that's publicly accessible, but yes, the RIAA couldn't reach the network without cooperation from CMU.
      Well, they couldn't get in legally at any rate. I wonder just how the RIAA got into the network...

    3. Re:At The Order Of? by Anonymous Coward · · Score: 0
      Anyone on the internet can look at any windows networking shares they want unless between them is packet filtering. Maybe you should learn a bit more about how SMB works before you pull even more shit out of your ass.

      Of course, I doubt the RIAA knows enough about SMB to look at people's shares, but that's another issue.

  33. Invasion of privacy? nah. by mosch · · Score: 2

    The article seems to state that all of these searches were done by checking the contents of ~/public_html files on University owned servers. While it may have been a bit surprising for the University, given the choice between slapping 71 students on the wrist or potentially having a very expensive lawsuit from the RIAA, well, it doesn't take a rocket scientist to figure out which is the better idea.

    If you're a CMU student and want to rebel against it, just fill up your public_html with mp3's generated with dd if=/dev/zero of=bjork-its_too_quiet.mp3 or dd if=/dev/random of=foo_fighters-random_mumblings.mp3. Civil disobedience is mighty effective.

    Remember though guys, music is copyrighted and if you're listening to something then you like it enough to buy it. Most of the professional musicians I know are scared of mp3 due to the massive piracy which currently occurs in that medium. I'm not an mp3 fan, but I'd like to see the format legitimized. Let's hope this kind of thing doesn't give the record industry excuses to charge me even more per disc.

    1. Re:Invasion of privacy? nah. by Anonymous Coward · · Score: 0

      Uh, the article was incorrect. They searched student computers.

    2. Re:Invasion of privacy? nah. by Dwindlehop · · Score: 1
      Just to clarify, the outcome of this incident is that the dorm ethernet outlet of the guilty student was deactivated until the end of the semester or Thanksgiving, depending on whether he attended the copyright lecture and wrote the paper.

      You're clearly not reading the other posts on this thread. The students involved did NOT put files in their public folders or www folders on their Andrew accounts (as our UNIX accounts here are called). All of the busted students were sharing files on the campus Microsoft SMB Network. These files resided on the students' own computers.

      Some of these students had password-protected their files. Some did in fact use no passwords or common passwords like 'mp3'. It isn't these students who we're concerned about. It is those students who thought they were obeying the CMU Computer Use Policy Agreement by passwording their shared copyrighted files (not with 'mp3' or 'guest', either).

      Some students who fell into this latter category were removed from the network. Some students who were sharing legally redistributable mp3s were also temporarily denied network access. More than one student's school work was affected by the sudden drop of the network connection without warning. It is about these situations that CMU students and others are raising protests about this incident. For more coverage of the student's opinions, read The Tartan's article on the incident a couple weeks ago.

      It is obviously the University's perogative to deny network access to those they feel are abusing their network privilege or violating the Computer Code of Ethics. I believe, and I think others would agree with me, that how the University handled this crackdown leaves something to be desired.

      What I as a CMU student would like to see is a clear explanation of what constitutes a public share--obviously the description currently given to us leaves some things out. I would also like to see Computing Services give people 24 hours notice before they deactivate an outlet. It's a fairly simple courtesy, after all.

      What I as a music-lover would like to see is more artists taking the power of distribution and copyright into their own hands. I bought a couple songs off They Might Be Giants' latest album mostly because I support that kind of distribution model, and wish more bands would use it.

      --
      Jonathan Pearce jonathan@pearce.name
      3EAAFB2A http://www.jonathan.pearce.name/
  34. What's funny is... by isaac · · Score: 4

    They were LESS liable for the behaviour of their students BEFORE they started snooping. Now that they've set a precedent of editorial control over content on their network, they will have to keep monitoring for and removing copyright violations (or potential violations, or libel, or obscenity, or any other forbidden-speech-du-jour) from now on.

    Which is exactly what the RIAA wants, methinks.

    --
    I am not a lawyer, and this is not legal advice. For Entertainment Purposes Only.
    1. Re:What's funny is... by Weezul · · Score: 2

      They were LESS liable for the behaviour of their students BEFORE they started snooping. Now that they've set a precedent of editorial control over content on their network, they will have to keep monitoring for and removing copyright violations (or potential violations, or libel, or obscenity, or any other forbidden-speech-du-jour) from now on.

      This gives me an idea for a great legal system hack that someone who really wanted to ``get them back'' could use. ``Find'' a kiddy porn site hosted at CMU.. and sue them. Nope, sorry, no common carrier status. That would be just wonderful.

      This has given me another idea for a way to pirate legally.. by taking advantage of the common carrier status. Use a daemon to run network of moving files (not all MP3s). I would never know what I had on my system as that would change all the time and anyone could put files into the system, so I could claim common carrier status (since I have never erased anyhting) and there would be no logs to prove that any MP3s originatted from my system. I'm not shure how well this would work in practice since people might fill it up, but I suspect it would provide some legal protection.. especially if the files you actually use for yourself (i.e. not on the network because you dont want them randomly deleted) are kept on a partiation encrypted with a plausible deniability system (SegFS) AND there were probable legal uses for the system.

      Jeff

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  35. Crypto FS anyone? by Adnans · · Score: 2

    Yep, just flip the big red switch (make sure you've installed ext3 patches for convenience) and wish the RIAA good luck with examining your /pub/mp3 partition :)

    Disclaimer: this is in no way an endorsement for illegally distributing copyrighted material!
    (talk about covering MY ass)

    --
    "In short: just say NO TO DRUGS, and maybe you won't end up like the Hurd people." --Linus Torvalds
  36. Eejuts! by mattbee · · Score: 2

    I think college students (me included, at one point) tend to forget that the super-fast network access is a priviledge of being at college and not a friggin' right! If most universities have a `privacy policy', I don't think they're going to have any qualms about looking at files stored on their own hard drives to check there's nothing illegal there. Even looking at `public' files on students own boxes wouldn't surprise me; it's their network after all.

    I'm lucky and can have my Linux box on-line 24/7 from the comfort of my bedroom; nobody demanded my root password as a condition of providing this service so I think I'm fairly lucky. But I do know damned well the Computer Services people run probes on the contents of anonymous FTP servers and regularly look for other network `weaknesses' on students' boxes.

    So I hardly think this is an invasion of anybody's privacy, only a few stupid students who didn't hide their illegal activities a bit better; playing the invasion-of-privacy card just doesn't work here. In fact they've only been cut off for the rest of the semester; pretty lenient all in all.

    --
    Matthew @ Bytemark Hosting
    1. Re:Eejuts! by Anonymous Coward · · Score: 0

      I disagree. In this day and age of Universities costing upwards of $25k and more per year, I think broadband network access is something _paid_ for in your tuition check. Access to assignments, data files, and e-mail are really required in today's college life. I do not mean to imply that illegal acitivities are OK. Does one consider "electricity" a _right_ (for the college student)? Someday, net access will be considered similarly, and I would not be surprised if many students base at least part of their college decision on the net-ability of the campus in question.

    2. Re:Eejuts! by Disco+Stu · · Score: 1

      I think college students (me included, at one point) tend to forget that the super-fast network access is a priviledge of being at college and not a friggin' right!

      Right on! Likewise, most people who rent apartments tend to forget that access to their kitchen is a priviledge, and not a friggin right as well!

      Well, not me. When my landlord came in and closed off our kitchen, I said, "Thank you for the priviledge of using that kitchen for 3 months. I'm sorry to see it go, but I realise that access to that kitchen is a priviledge."

  37. What a bunch of morons... by Pulsar · · Score: 1

    Now, I hate the RIAA as much as anyone out there (more than most, actually)...but can you blame a university for kicking people off their network for posting mp3s onto the University webserver? If you read the article, these people were ripping CD's and copying them to their html account on the University server. If anything, they had to have been violating their HD space quotas...

    Yes, we should fight against RIAA, but let's not bring everyone around us down with us. ;)

    Oh, and I thought it kinda funny they said the guys could either take a 90 minute class on copyright law and get net access back in 4 weeks or have to go without for the rest of the semester...this story must be old, because for most schools there's only about 4 weeks left in the semester!



  38. Article doesn't quite give the whole story by Martin+Hock · · Score: 1

    One thing the article leaves out is that not only were publically accessible directories searched, but some semi-private ones as well. If the searcher was able to either easily guess the password (something along the lines of "mp3") or was able to learn the password by sending an e-mail message to the archive's maintainer, and copyrighted material was found, network access was revoked.

    Some relevant articles:
    Computing Services reprimands students
    Officials crack down on piracy
    and an editorial:
    CMU: consider approach toward network integrity
    (These are all from The Tartan, CMU's student newspaper.)

    1. Re:Article doesn't quite give the whole story by dangermouse · · Score: 1

      One thing the article leaves out is that not only were publically accessible directories searched, but some semi-private ones as well. If the searcher was able to either easily guess the password (something along the lines of "mp3") or was able to learn the password by sending an e-mail message to the archive's maintainer, and copyrighted material was found, network access was revoked.

      So what? That hardly constitutes invasion of privacy or entrapment. If a cop walks up to a suspected drug dealer and asks him for some dope, and the guy offers to sell him some, that's a legal bust.

      These CMU kids don't have a leg to stand on. They were stupid and the school decided to play it safe and enforce its policies rather than revoke them (which would have been truly stupid). Get over it. You've got nothing.

    2. Re:Article doesn't quite give the whole story by Logan · · Score: 1
      How do you know the files were violating copyright? Perhaps it's obvious in instances of the Dilbert cartoons and such that they mentioned, but what about the mp3s? Did they somehow trace the audio back to its original source and read the licensing agreement? I don't see how anyone can enforce copyright laws without actual knowledge of the copyright owner's wishes. Perhaps it's obvious to tell if all the mp3s were pop songs that even network administrators would recognize, but what if I'm writing and distributing my own music? I'd like to see the method they used to determine whether or not a given mp3 was in violation of a copyright. Hopefully it wasn't the hideously crude "it has mp3 as its filename extension, therefore it is illegal."

      logan

    3. Re:Article doesn't quite give the whole story by Anonymous Coward · · Score: 0

      Hopefully it wasn't the hideously crude "it has mp3 as its filename extension, therefore it is illegal." I'm sure it was, and I'm willing to bet that none of those 71 students was distributing only legal mp3s. I'm not saying it's okay to ban mp3s, but CMU hasn't done that, and I think they acted entirely within the bounds of reason and common sense. Don't get me wrong, I hate the RIAA as much as the next kid, but vilifying CMU is (at least in this instance) childish and frankly more than a bit stupid. They were informed (probably with threatening overtones) that people were using their networks to illegally distribute copyrighted material. They checked their networks, found people who were, in fact, distributing copyrighted material, and removed them. This isn't a Gestapo raid or smashing a printing press. This is CMU being put in a position where it must enforce its own (entirely reasonable) policies, and very wisely choosing to do so. Everyone I've seen attacking CMU has been grasping at straws or fabricating scenarios that make CMU's network admins out to be some kind of commando death squad that came knocking in the night. If you want to bitch about how much this sucks, fine. I agree, this does suck. If you want to attack the RIAA for being overzealous, ignorant, litigious capitalists, I'm with you. But back the hell off of CMU... They tried to get away with not enforcing their policy, were called on it, and had to defend themselves by leniently "punishing" the students involved. They're on your side, man.

    4. Re:Article doesn't quite give the whole story by Logan · · Score: 1
      I'm sure it was, and I'm willing to bet that none of those 71 students was distributing only legal mp3s. I'm not saying it's okay to ban mp3s, but CMU hasn't done that, and I think they acted entirely within the bounds of reason and common sense.

      The likelihood (or lack thereof) of legal activity occurring does not remove the necessity of due process. I'd be willing to bet at least one person was unjustly punished in this fiasco.

      CMU has effectively made mp3s an "underground" scene. People will be frightened to even associate themselves with the mp3 extension, for fear that the almighty CMU will revoke their access. This is effectively a ban on distributing mp3s (legal or otherwise).

      Everyone I've seen attacking CMU has been grasping at straws or fabricating scenarios that make CMU's network admins out to be some kind of commando death squad that came knocking in the night.

      I didn't fabricate a scenario. I go to college, distribute legal mp3s here and there, and quite often distribute mp3s to myself that would otherwise be illegal to distribute. If I had been a Windows user attending CMU, it's very likely I would have been punished for perfectly legal activities.

      I don't know exactly how CMU carried out their actions. I would like to know how they determined that a given set of mp3s were illegal to have or distribute. Despite my doubts here, I still do not think of CMU's network administrators as some sort of evil fascist entity. They just employed some rather crude methods, which I fear might have unjustly punished many students. In the end I blame the RIAA for abusing their power in the first place, but that's not going to stop unless someone takes a stand against them. I like the idea that some other commenter posted, suggesting we all use mp3 for every audio purpose. The RIAA is trying to foster the ignorant image of mp3s as inherently evil and illegal, and it would be a shame to see them win (as they apparently did with CMU).

      logan

    5. Re:Article doesn't quite give the whole story by Steve+B · · Score: 1
      vilifying CMU is (at least in this instance) childish and frankly more than a bit stupid

      Part of the reason CMU is vilified is that it has earned itself a very bad reputation when it comes to the Net (e.g. its association with the Marty Rimm-job "cyberporn" hysteria wave during the CDA fight).

      When I read the words of J. Random Slashdotter, I evaluate it from a neutral starting point. When I read the words of Bill Clinton or one of his minions, I start from the assumption that it's nothing but CYA BS. So it is with the average university administration on the one hand, and CMU on the other.
      /.

      --
      /. If the government wants us to respect the law, it should set a better example.
    6. Re:Article doesn't quite give the whole story by Anonymous Coward · · Score: 0
      Let me try to help explain what happened. Someone decided that a random sweep was necessary. About 250 machines were "randomly" picked (by humans) and examined for folders with nothing, "mp3", or "cmu" as the password, and if any mp3s, movies, or warez were found, they were removed from the network, then notified by email of their disconnection. As far as I know, there was no attempt to verify the copyright status of located mp3s. In addition, any passwords in a publicly accessible file was tried on some/all password protected folders for that machine.

      The "enforcers" also looked for files that asked people to upload mp3s, or that offered a password to anyone who contacted them. In both cases, machines were disconnected.

  39. Fight RIAA in the Long Run !! by Wolfier · · Score: 1

    It is in RIAA's (a.k.a. the few dominant record companies) interest to fight the mp3 format itself - in order to protect their monopoly on their self-proclaimed "value-added" distribution channel. Piracy is only their second reason.

    Illegal mp3's are their excuse to threat and raid.

    Put more LEGAL mp3's on the net.

    Distribute as much of your music in mp3 as possible, and tell your musician friends to - even a 1-minute performance, vocal or purely-instrumental, or even speech. The point is to use mp3 as your DEFAULT sound format.

    Put more effort on promoting mp3 as a legitimate, open channel of music distribution so that SDMI won't stand a chance.

    On second thought, any window managers playing mp3's as their alert events? Or is there any effort to make a /dev/mp3 ?

  40. My Alma Matter, the future of us all by Benjamin+Shniper · · Score: 1

    I know this sounds maybe too unreal to be believed, but I liked the free access to information environment at CMU. We had no money, and yet we all had pirated versions of quake, warcraft, starcraft, and plenty of MP3s and movie files. South Park episodes were on almost everyones' shared directory. I miss the freedom of going to any share directory in the CMU network and grabbing dozens of MP3 files I wanted very quickly, very easily, and very freely. What am I saying? That's illegal, immoral, and wrong! Right? I remember hoping that this was the future of computing - where everyone could claim access to anything and any entertainment they wanted. Now it's clear CMU doesn't want this to be the future. Why do so many here support *Free* software and yet cling so hard to copyright? Information should be free people, that's what we fought Microsoft for! We're the hippies, we're the rebels, we're the people who hate the restrictiveness of society, right? Sadly, Benjamin Shniper

    1. Re:My Alma Matter, the future of us all by psylence · · Score: 1

      Umm, ok, so you are saying that you EXPECTED computing to evolve into a piracy-ridden windows file sharing network? Dead GOD I hope not. "yet we all had pirated versions of quake, warcraft, starcraft, and plenty of MP3s and movie files" -- "Why do so many here support *Free* software and yet cling so hard to copyright? Information should be free people, that's what we fought Microsoft for!" I think that would be because that software IS copyrighted. Just because the GPL and Copyleft's EXIST doesn't make it ok to steal things that don't comply to it!! Copyrights will always exist (hopefully) and so, unfortunately, people will actually have to PAY for services and products in the future, oh boy, how sad!!!

    2. Re:My Alma Matter, the future of us all by Anonymous Coward · · Score: 0

      So, you would be willing to work for free for the rest of your life? NO????? What's the matter? That's basically what you're advocating. Information is NOT supposed to be free. Artists (whether they be authors, songwriters, coders, whatever) work HARD at their craft, and deserve to be compensated for it.

  41. That is unrealistic. by FallLine · · Score: 2

    The state of our legal system is not such that they can afford to risk it. They DO face liability for allowing mp3 sites to run which they're made aware of. Furthermore, trading of copyrighted mp3s like that is still technically illegal, and the college does have a certain obligation to minimize it, especially when they can do so with so little effort.

  42. Bend over like a sheep and squeal by Anonymous Coward · · Score: 0

    There's a group of people who insist that rights be taken away to a large class so they may make a comfortable living.

    Back when I was in school, it didn't matter that I was paying $10,000 a year, some people thought tax money was paying our tuitions and we were sheep that had no rights. We were to make their investments profitable. Listen to their advertising, buy their books, and work for their cretin companies when they were hiring.

    I became aware of this mentality when the internet went public around 1995 and spammers stated they had a right to send me crap as I did not pay for the internet, but from taxes. Dumb logic, dumb capitalists.

    1. Re:Bend over like a sheep and squeal by GPB · · Score: 1
      when the internet went public around 1995

      Really? I must have missed that IPO. Does anyone know what the stock symbol for the Internet is?

      Seriously though, the Internet has been "public" for longer than that, it was just harder for the average joe to access at the time.

      -B
    2. Re:Bend over like a sheep and squeal by mcrandello · · Score: 1

      IIRC it was Fall '92 when the Usenet took a nosedive and the WWW not too long after that?




      mcrandello@my-deja.com
      rschaar{at}pegasus.cc.ucf.edu if it's important.

  43. Illegal search and seizure? Not. by akey · · Score: 1

    Now their network access is obviously the school's, and subject to their terms. Admins can watch what goes into and out of a box, but is it really legal to "search" their computer?"

    Where from that article did you get that the students' computers were being searched? The article clearly states that CMU "randomly checked the public portions of 250 students' computer accounts". In no case, however, were system admins "illegally" searching through private computers.

    --

    ---
    "Go Metallica. Die RIAA." -- Linus Torvalds
    1. Re:Illegal search and seizure? Not. by Rupes · · Score: 2

      >Where from that article did you get that the students' computers were being searched? The article clearly states that CMU "randomly checked
      >the public portions of 250 students' computer accounts". In no case, however, were system admins "illegally" searching through private
      >computers.

      And, if you had read the previous comments, you would have realized that the article was wrong.
      All of the CMU students here (including myself) have pointed this out.
      ALL of the searched computers were private - I'm not sure where the article writers got
      the idea that 'student accounts' were checked.

      The "illegality" issue is that Computing Services attempted to break people's passwords.
      This is a violation of the CMU Computing Ethics code, if nothing else.

  44. Time for sometruely "independent" music by gotan · · Score: 1

    We probably all agree, that the university acted correctly on a perfectly legal request of the RIAA. On the other hand most consumers are not happy to be ripped off by the music industry which in the meantime defines what is 'good' and what is 'bad' music, serving more and more mainstream garbage barely worth listening more than once.

    Obviously the internet in combination with mp3 can be used to distribute music free of charge (most expenses can be covered by advertising) very fast, there are probably also a lot of small bands which would never be considered for promotion by the major labels but make very fine music nevertheless. (Just recently i stumbled over an excellent demo tape, and was very sad to hear that this will never be pressed to CD.) So why not combine these two, creating a network of mirrorsites distributing really independant and free music across the internet.

    I think there would be a lot of bands grabbing the opportunity to have their music published this way, either out of idealism, or maybe just to become known. If the distributing sites could cover their costs with advertising the whole thing might work very well.

    To avoid legal catfights some sort of 'GPL for music' (e.g. freely distributable as long as the artists are credited) would be a good thing. The distributing sites should also cover reviews, so you know what you get before downloading 20 MB of mp3.

    I wouldn't wonder if such a thing already existed, anybody care to provide some pointers?

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  45. CMU Article on Crackdown by akey · · Score: 2

    Here's a link with more specific information on the crackdown, directly from the CMU computing services newsletter.

    http://www.cmu. edu/computing/cursor/fall99cursor.html#anchornetwo rk

    It seems that shared directories on the local university LAN were searched.

    --

    ---
    "Go Metallica. Die RIAA." -- Linus Torvalds
    1. Re:CMU Article on Crackdown by mpe · · Score: 1

      It seems that shared directories on the local university LAN were searched.

      Is unauthorised access to computers illegal there? In which case if these students can get a good lawyer the university may find itself in big trouble.

    2. Re:CMU Article on Crackdown by Anonymous Coward · · Score: 0
      What's amusing is that the link provided in that article is not the official ethics page.

      The official one is at http://gollum.mac.cc.cmu.edu:80/univ_policy/docume nts/CompEthics.html

  46. Were copyright laws broken? by Logan · · Score: 2
    Did the school ever prove that the students were actually distributing music they didn't have permission to distribute? Or did they not bother? It's a scary thought to think that perhaps the RIAA simply told them that there were illegal activities going on and the school simply took their word for it. How many innocent students were punished?

    I work for the networking department of my school, where I have a much faster computer than my own at home and a very fast link. So that's the computer I rip and encode my cds on so I can listen to music all day. Am I going to get fired because the filenames are publicly viewable?

    I also often download mp3s -- the legal kind. Some of my favorite bands at least allow one or two mp3s to be freely distributed (often bootlegs). These files I'll even put in a publicly accessable directory. Will I get fired for that?

    Sometimes I download my mp3s to my machine at home. This is over a modem line, so it's not always feasible, but I still sometimes do it. Is it illegal to distribute copyrighted material to oneself? I'm waiting for the day some power happy administrator with a sniffer is going to turn me in for breaking the backs of the poor exploited American musical artist through the horrible act of listening to and supporting their music.

    So how many students at CMU were only distributing mp3s legitimately? How many of them simply only had their own mp3s, but weren't technologically competent enough to make them private? How far did the school go to locate these files, and in contrast how far did they go to prove that these files were indeed illegal? I'm afraid I didn't see any of these questions answered in the article. Are there any other sources of information?

    logan
    (eagerly awaiting RIAA to come to his school, though they probably have already)

    1. Re:Were copyright laws broken? by Royster · · Score: 1

      Am I going to get fired because the filenames are publicly viewable?

      If it were to happen, you might have no recourse. You should familiarize yourself with your employer's policy on acceptable use. If you yourself are in violation of that policy, you will have no recourse.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  47. Scapegoat by Anonymous Coward · · Score: 0

    Sounds like they are scapegoating a larger issue on these 70 students. Lets see, they checked 250 accounts, they found 70 violators. This seems to indicate that around 20% of the students were violating the MP3 policy. Extrapolating from the articles mentioned figure of around 10000 people on the network, you can guess that there are around 2000 mp3 violators out there. So why arbitrarily punish 70 of them? Randomly enforcing a law is a very dangerous thing -- I wouldn't be surprised if some of these 250 "randomly" selected students were not randomly selected at all.

  48. CMU not a good net neighbor by Anonymous Coward · · Score: 0

    Funny that they will be so uptight about this, but go to great lengths to protect their open servers and promote spam: http://www.orbs.org/DAT/manual

  49. Cruel and Unusual Punishment! by kmcardle · · Score: 1

    Doesn't the Consitution of the USofA protect us all from "Cruel and Unusual" punishment? Take away their mp3s, but don't cut net access! Somebody call the ALCU!

    --
    then it comes to be that the soothing light at the end of your tunnel is just a freight train coming your way
  50. Read your AUP by GPB · · Score: 1
    but is this an invasion of the students privacy/rights?

    Not necessarily. Be sure to read your AUP. Some Universities that I know of have it in your AUP that any bits that reside on their equipment (web pages, shell machines, file servers, etc) are their property.

    What does this mean? They can read "your" email? Yes. They can look at "your" files? Yes. They can remove/move "your" files? Yes. Your rights have been infringed upon? No. You agreed to the AUP that describes all of this. Read it!

    -B
  51. Was there a need to check? by ainvy · · Score: 1

    Probably all CMU had to do was to simply paste a notice up asking students to remove the illegal MP3s or face charges from RIAA.
    Of course, RIAA would be foolish to sue CMU (but then nothing they have done so far shows they cannot be!) and most of the time, students can self-regulate themselves. CMU did over-react.
    That said, I should say the penalties are quite mild in this case.

  52. how many files were illegal? by mrzaph0d · · Score: 2

    is what i'd like to know. I know i own almost every album that my mp3's come off of. The only reason I spent so much time dl'ing them is that i do like to see if i'll like a song or a CD before i go and spend my money. I know there are lots of people out there who will just rack up the GB's with mp3's of songs they have no intention of buying, but i understood the current US law to say that if you have a legal recording you can copy it in as many different ways, as long as it's for your own use. So what if they put thm in shared directories, "oh hey, let's go to so-and-so's room to study, i'll share out my stuff so we can listen to it from over there". dunno, sounds like a big stink about nothing....

    --
    this is just a placeholder till i send back my real sig from the future.
    1. Re:how many files were illegal? by Shaheen · · Score: 1

      Personally, I think you are an exception to the norm, especially on college campuses. For instance, a substantial part of my collection is, um, not of my own ripping. I would say that 90% of the MP3s found on CMU campus (not just shared, but everyone's collection) are illegal. Also, people share them because they want to share them with their friends - not just to study.

      --
      You should never take life too seriously - You'll never get out of it alive.
    2. Re:how many files were illegal? by Fastolfe · · Score: 1

      It's not the posession of MP3's that's the big deal: it's the distribution. By putting them on a public share, you are essentially giving them away to anybody that comes along and wants them.

      THAT is illegal.

      I own a few hundred MP3's myself, 99.5% of which I ripped from my own CD collection. If I wanted to listen to these MP3's from somebody else's house, I would set up a PASSWORD PROTECTED share ('mp3' doesn't count as a password) for my own PRIVATE use (again, 'mp3' would not qualify here).

    3. Re:how many files were illegal? by Anonymous Coward · · Score: 0

      "x" doesn't count as a password? That statement could be nasty in a 1984 situation... "Oh, your first name doesn't count as a password..."

    4. Re:how many files were illegal? by Fastolfe · · Score: 1

      An knowingly obvious password is equivalent to no password. I'm not an MP3 trader, but I automatically know to try 'mp3' as a password when I come up to a 'protected' MP3 share. It's the way MP3 shares work. Those that use a password of 'mp3' for their shares are not working to restrict access, so any defense that maintains this is such an effort is fundamentally flawed and would not stand up legally.

  53. Report from a Student at CMU now by Fyndlorn · · Score: 2

    Greetings, I am a student at CMU right now and give you all the lowdown on what happened. Basically the CMU admin did a search to see which computers where ebign heavily downloaded from and such. They then did a sweep of the network checking a computers here and there. The looked at all directories not password protected, but also.. and here's why some students are upset. They guesses a few passwords as well. Now, they didn't go trying to hack into machines or anything, but they did try passwords such as "mp3" or "cmu" for directories labeled "warez" or "mp3" and such. Personally I don't really have a problem with this, it is illegal after all, I guess its just strange because its seemed so natural to go download things like mp3's that we've forgotten it's actually akin to theft. Thanks, Adam Steele Physics/CS Sophmore

    1. Re:Report from a Student at CMU now by otis+wildflower · · Score: 1

      Shit, if the admin had root (and if you don't have root you're no admin), simply going to the root of the NFS/CODA server and doing:

      find / -type f -name *.mp3

      wouldn't involve passwords at all.. If you wanted to get _really_ cute you could update your magic file to include forbidden filetypes and pipe your find thru file and cull a list of files based on content...
      Your Working Boy,

    2. Re:Report from a Student at CMU now by Anonymous Coward · · Score: 2

      I'm also a student at CMU, a feshman in Electrical and Computer Engin. Network services did a little more than guess passwords and check unpassword protected files. They looked for text files in open directories and read them to find passwords. While this distinction on the surface means little, its implication is that they couldn't simply search the network for *.mp3, and it would also be difficult to impossible to write an algorithm to find passwords in text files. This means that for the duration of the search (which seemed to last at least 12 hours) there were people personally looking in every open drive. An I know from experience that they were dilligent. I was listening to my large library of illegal mp3s (well password protected of course) when I noticed it began skipping. I quickly unshared my public directory containing a couple of legal zips and right away my computer was back to normal speed. Network serviceswas dloading all my zips to search for a password! That, combined with guessing passwords amounts to a little bit more than checking unprotected stuff in my opinion. Admittedly, they could have packet sniffed passwords (thank you microsoft) and gone through many more boxes, but is that a real consolation? We shouldn't need encrypted passwords to protect ourselves from our own school.

    3. Re:Report from a Student at CMU now by mpe · · Score: 1

      Now, they didn't go trying to hack into machines or anything, but they did try passwords such as "mp3" or "cmu" for directories labeled "warez" or "mp3" and such.

      Claiming "the password was easy to guess, so it wasn't hacking" wouldn't make any difference in other cases, why should it matter here.

    4. Re:Report from a Student at CMU now by Anonymous Coward · · Score: 0

      It's illegal, but it's not akin to theft. It's different laws and different crimes. It's also not wrong. Copyright is what's wrong.

    5. Re:Report from a Student at CMU now by Anonymous Coward · · Score: 0

      The files are on Win boxes shared over SMB, not NFS.

  54. It's too bad they weren't indicted by briancarnell · · Score: 1

    It's too bad these students at CMU weren't indicted for their illegal activities rather than just face the mild punishment of having their network access revoked.

    It's scum like these students that give the RIAA plenty of horror stories to peddle and will ultimately aid them in their efforts to reign in MP3. I love MP3 -- I've converted about 1,000 CDs I own to MP3 and have them on a file server, but appropriating other people's intellectual property is wrong and will only hurt efforts for open and free standards.

    Didn't these idiots ever learn that stealing is wrong?

    1. Re:It's too bad they weren't indicted by mpe · · Score: 1

      It's too bad these students at CMU weren't indicted for their illegal activities rather than just face the mild punishment of having their network access revoked.

      Maybe because the evidence involved would be insufficent for a real court. Especially after it was pointed out that "pleading the fifth" might be better than certain people explaining exactly how they got their so called "evidence".

    2. Re:It's too bad they weren't indicted by Anonymous Coward · · Score: 0

      Are you even aware of what does and what does not constitute a criminal act in such an instance?

    3. Re:It's too bad they weren't indicted by Anonymous Coward · · Score: 0

      One person got kicked off for sharing guitar tabs.

      Yeah, I guess they should have just sued him...

  55. Fanatical Law Enforcement by Anonymous Coward · · Score: 0

    It's true that distributing mp3's is illegal, but who doesn't? Laws that can't be enforced properly, fairly, and uniformily shouldn't be laws at all. Technically, most slashdot should be in jail. Technically, most everybody should be in jail for speeding, *over and over again*. This idea of "protecting" artist's work is ludicrous. The artist's don't even *see* 99% of the money that's made with cd's of their music. Copyrights are mostly about protecting corporation's right to screw consumers and most importantly, screw artists... well, in this case in particular, at least. A better system that takes out the middleman needs to develop. It's really that simple... the middleman is the only one making money from the entire thing. Germany's autobahn makes speeding legal. Drugs are legal in Amsterdam. Neither of these places are "evil", they just simply both have common sense, something which most north american laws seem to lack.

    1. Re:Fanatical Law Enforcement by Anonymous Coward · · Score: 0

      Sure, there should be no laws at all... what brilliant logic.

    2. Re:Fanatical Law Enforcement by Anonymous Coward · · Score: 0
      Germany's autobahn makes speeding legal.

      How can you speed on the autobahn if there's no speed limit?

  56. Same thing happened to me by bravehamster · · Score: 1

    When I was at the US Naval Academy 2 years ago, they started doing random searches for mp3's. The reason for doing this was to look for any type of music at all, cd's, tapes, anything. You see thing thing is, when you're a plebe there (first year student) you're not allowed to have any music at all. Nothing. The whole year. Of course no one goes the whole year doing this, and I introduced quite a few of my classmates to the wonderful world of mp3's. When they started doing the random searches, we realized they were just doing a global search for *.mp* (they thought they were being smart and getting all those mp2 files too.) So we just went and changed the extenstions of all our mp3 files to .IHT (IHT is short for IHTFP which is an abbreviation of I Hate This F---ING Place) They didnt find our mp3's. -BH

    --
    ---- El diablo esta en mis pantalones! Mire, mire!
  57. No, he's objecting to bundling.... by laetus · · Score: 1

    Get a clue. He's objecting to the fact that record companies are bundling popular songs that they know the public will want with mediocre songs that most people don't want. A single popular song, if unbundled, might cost you $2 - $3, whereas a CD will set you back $12-18. They're bundling simply to increase their profits.

    --

    "We're sorry, but the website you're trying to reach has been disconnected."
    1. Re:No, he's objecting to bundling.... by Anonymous Coward · · Score: 0

      Get a clue. He's objecting to the fact that record companies are bundling popular songs that they know the public will want with mediocre songs that most people don't want. A single popular song, if unbundled, might cost you $2 - $3, whereas a CD will set you back $12-18. They're bundling simply to increase their profits.

      Or think of it like S/W companies trying to make release dates. Pressure the coders (musicians) to create enough material to pad out a CD so they can get their $$$.

  58. This is why I no longer pay for music by Anonymous Coward · · Score: 0

    If thing were appropriateally priced I would buy them, when not I simply "copy" them. Stealing? BLAH! Stealing is taking bread, a car, money. These obects have already been bought at market value. A market value that INCLUDES the assumption that they will be copied. Would MS charge so much for ofice pro if they got 100% registration? NO! Same here for RIAA. So I am simply doing what the market has made into the norm. I copied software and music BECAUSE of the cost. That's it and that's the way it will be BTW as an American I enjoy screwing "big industry". I root for the underdog and have sympathy for the devil!

    1. Re:This is why I no longer pay for music by llornkcor · · Score: 1

      hmm can't steal music, eh? Hmmm little do you realize how much time, work, equipment is used to put out any music cd. Stealing is stealing, no matter what it is. I suppose you no longer pay for internet access, after all, it isn't really stealing, as stealing is only cars, bread, and money. You are the type that borrows a library book, and then never gives it back. Think about the artists you are screwing, that also get screwed by the record labels, distributers, etc.

    2. Re:This is why I no longer pay for music by Anonymous Coward · · Score: 0

      You're nothing but a lame pirate. There's nothing rebellious or cool about what you are doing... there are 12-year old kids who do the same thing. Grow up.

    3. Re:This is why I no longer pay for music by set · · Score: 1

      You're nothing but a lame pirate. There's nothing rebellious or cool about what you are doing... there are 12-year old kids who do the same thing. Grow up.

      Like calling people names? Take some of your own medicine.

    4. Re:This is why I no longer pay for music by set · · Score: 1

      Do you even know how much the artist makes from the sale of a cd (hint: not enough.)? I sure as hell would rather download an album in mp3 format, and send $10 or $15 DIRECTLY TO THE ARTIST, so I can be DAMN sure that the money goes where it's meant to.

    5. Re:This is why I no longer pay for music by Anonymous Coward · · Score: 0

      Hmmm, let's think about this: The price is high because people copy music, people copy music because the price is high, the price is high because... Sounds like a vicious circle to me. And also not a very good excuse. Maybe try an excuse such as "I cannot afford to buy CDs. If I could not copy them, I wouldn't buy them, so I am not hurting anyone buy copying them." Anyways, it's a tough moral issue. -_blueboy

    6. Re:This is why I no longer pay for music by Kintanon · · Score: 2

      You're nothing but a lame pirate. There's nothing rebellious or cool about what you are doing... there are 12-year old kids who do the same thing. Grow up.


      So someone who has a different value system than you is automatically a 'lame pirate' who needs to 'grow up'? It seems you might want to examine the logic behind his position before you flame it.
      I rarely purchase music, now that I can listen to streaming mp3 sites, and radio stations all over the world I have no need to download MP3s or Pay for music in any fashion. Am I now a 'lame pirate' as well? Considering that most artists make their money from concerts, not from radio play or CD sales it's almost meaningless to the artist whether they sell CDs or not as long as they get a good concert turn out. Korn even posted Mp3s of their own songs on their website and were forced by their record label to remove them. How is this protecting Korns IP? The Recording industry is bloated and corrupt. The artists would do better releasing a couple of songs for free on Mp3 and then doing a tour.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    7. Re:This is why I no longer pay for music by llornkcor · · Score: 1

      Of course I know, I am in the frickin' business. So you are saying that the record companies that shell out thousands of dollars to record, market, distribute the cd, do not deserve any money for their efforts to bring you music that can be played anywhere these days? What about the record companies that are owned by the artists? Do you even know how much work is put into making a cd to market? Do you know how expensive recording studios can run, per hour? SOMEONE has to pay for all that stuff. It's a frickin' business.

    8. Re:This is why I no longer pay for music by set · · Score: 1

      Of course I know how much work and time go into making them. I don't buy, nor do I listen to, mainstream music. If I wanted to listen to that, I would let myself be controlled by MTV and the radio.

      IMO, the artist is the most important segment of the music industry, yet they see so little for their work. When a little known band busts their asses to record and put out an album by themselves, I will buy the music directly from THEM so THEY can reap the fruits of their labors, and not some money-grubber.

    9. Re:This is why I no longer pay for music by llornkcor · · Score: 1

      I disagree. There is no 'most important segment'. What about the people that aren't musicians that work with the band to make it all possible? How about the tour crew? Are they not as important as the band? And what about the dude at the cd pressing plant? Isn't he part of the picture also? How about that studio tech that has to sit there for hours, listening to god-awful music? and how about the bands agent that talks on the phone for hours setting up tours, and getting the record company to even listen to the cd in the first place? And how about the geek at the electonics place that has to fix the guitar that the lead singer tripped over? Does he deserve to be ripped off? Is he any less important than anybody? You forget that behind every band are probably hundreds of people that need to eat also, and do more work than the band, to bring you that music. Anytime you infringe on a music copyright, you are stealing not only from the record company, but everyone that is invloved with it, including the artists.

    10. Re:This is why I no longer pay for music by Kintanon · · Score: 2

      Of course I know, I am in the frickin' business. So you are saying that the record companies that shell out thousands of dollars to record, market, distribute the cd, do not deserve any money for their efforts to bring you music that can be played anywhere these days? What about the record companies that are owned by the artists? Do you even know how much work is put into making a cd to market? Do you know how expensive recording studios can run, per hour? SOMEONE has to pay for all that stuff. It's a frickin' business.


      Oh? And why do they have to do that?
      If the entire idea is to draw people to concerts so that the band can make money then the band just has to record a couple of the live concert versions and send them out for free. Voila, song is done. They make money from the concerts.
      Recording studios are outdated. So is most of the recording industry.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    11. Re:This is why I no longer pay for music by Anonymous Coward · · Score: 0

      Um. Software developers have been having to deal with piracy for all of forever. I have no sympathy for the record companies that are just entering the real world, and don't like the temperature of the water. If software companies can deal with it, so can record companies.

    12. Re:This is why I no longer pay for music by llornkcor · · Score: 1

      Well, the recording industry has been around for way longer than the software industry has, and have dealt with bootleggers for a greater amount of time. Were there software developers in the 1920's? Developers came up with crippleware to deal with that. Imagine a cd that you could only play for 30 days, or that you could only play parts of some of the songs? Copyright is sorta like the GPL in the fact that it is a license, in a way. Although the two are extremely different.

    13. Re:This is why I no longer pay for music by Anonymous Coward · · Score: 0


      It will be a wonderful day when everyone in the world realizes it is foolish to pay any more than the "intrinsic cost" for goods, services and yes, IP.



  59. Resource owners can do what they want by Anonymous Coward · · Score: 0

    Almost every school and business I've been at issues warnings about improper use of computer resources for side businesses or illegal activity. The remedy is the fork out the $400 a year or so it costs to be your own web host on a DSL line.

  60. Fun w. search and replace! :> by Anonymous Coward · · Score: 0

    Is this some pre-canned tirade with the string "Carnegie Mellon University" replacing some previous text string? Let's see what happens to the first 3 paragraphs when it's replaced with "my baby sister" :> Maybe I'm naturally oversensitive, or maybe someone just slipped me decaf coffee this morning, but we all have an obligation to stand up together and forcefully oppose my baby sister's uneducated reinterpretations of copyright law. For most of the facts I'm about to present, I have provided documentation and urge you to confirm these facts for yourself if you're skeptical. How can we expect to help you reflect and reexamine your views on my baby sister if we walk right into my baby sister's trap? A necessary first step towards recovery is to look at my baby sister with new eyes, unclouded by a lifetime of false information and deception propagated by the most choleric perverts you'll ever see. According to my baby sister, anyone who points this out is guilty of spreading lies, smears, and racism -- an instructive warning for the future. I once had a nightmare in which my baby sister was free to usher in the beginning of a disrespectful new era of parasitism. There is absolutely nothing these foul-mouthed diabolic-types will not do to destroy their enemies. They will poke into the most secret family affairs and not rest until their truffle-searching instinct digs up some deplorable incident that is calculated to finish off their unfortunate victim. It is easy to see from the foregoing that I take seriously the view that just because you can do something does not mean it's okay to do it. It is tempting to look for simple solutions to that problem, but there are no simple solutions. I don't know when obscurantism became chic, but we can never return to the past. And if we are ever to move forward to the future, we have to indicate in a rough and approximate way the two snooty tendencies that I believe are the main driving force of modern Marxism. I respect my baby sister's criticisms, although it got into a snit the last time I pointed out that the truth of this is by no means limited to the field of general culture, but applies to politics as well. If there is one thing I have learned, it is this: you don't need to look far to see that my baby sister continuously seeks adulation from its cronies. Apparently, some of my baby sister's wishy-washy tirades are so self-contradictory, they're their own refutation. If a new Dark Age is about to descend upon us -- as many believe it will -- it will be the result of my baby sister's writings.

  61. Fun w. search and replace! :> by Anonymous Coward · · Score: 0

    Is this some pre-canned tirade with the string "Carnegie Mellon University" replacing some previous text string? Let's see what happens to the first 3 paragraphs when it's replaced with "my baby sister" :>

    Maybe I'm naturally oversensitive, or maybe someone just slipped me decaf coffee this morning, but we all have an obligation to stand up together and forcefully oppose my baby sister's uneducated reinterpretations of copyright law. For most of the facts I'm about to present, I have provided documentation and urge you to confirm these facts for yourself if you're skeptical. How can we expect to help you reflect and reexamine your views on my baby sister if we walk right into my baby sister's trap? A necessary first step towards recovery is to look at my baby sister with new eyes, unclouded by a lifetime of false information and deception propagated by the most choleric perverts you'll ever see. According to my baby sister, anyone who points this out is guilty of spreading lies, smears, and racism -- an instructive warning for the future.

    I once had a nightmare in which my baby sister was free to usher in the beginning of a disrespectful new era of parasitism. There is absolutely nothing these foul-mouthed diabolic-types will not do to destroy their enemies. They will poke into the most secret family affairs and not rest until their truffle-searching instinct digs up some deplorable incident that is calculated to finish off their unfortunate victim. It is easy to see from the foregoing that I take seriously the view that just because you can do something does not mean it's okay to do it. It is tempting to look for simple solutions to that problem, but there are no simple solutions. I don't know when obscurantism became chic, but we can never return to the past. And if we are ever to move forward to the future, we have to indicate in a rough and approximate way the two snooty tendencies that I believe are the main driving force of modern Marxism.

    I respect my baby sister's criticisms, although it got into a snit the last time I pointed out that the truth of this is by no means limited to the field of general culture, but applies to politics as well. If there is one thing I have learned, it is this: you don't need to look far to see that my baby sister continuously seeks adulation from its cronies. Apparently, some of my baby sister's wishy-washy tirades are so self-contradictory, they're their own refutation. If a new Dark Age is about to descend upon us -- as many believe it will -- it will be the result of my baby sister's writings.

  62. CMU Cracking? by Anonymous Coward · · Score: 2

    As someone who works for CMU and knew about (but did not participate in) the crackdown, here's some more info on what happened:

    Several staff members went through Network Neighborhood by hand. Any machines that had open folders with names that appeared to contain copyright violations were checked. Passwords that are "obviously" intended for sharing (like "mp3") were checked. If there was a README that said anything like "My password is ...", and it appeared to be an invitation to share, it was checked.

    A few students had only legal material, and when they pointed this out, their network access was quickly restored. Most of the students were only angry that they'd been caught.

    This is a grey area, but the people who did the scan tried to make sure that they only went after people who were attempting to distribute music to people they might not know, which, if not illegal, is certainly a violation of CMU ethics.

    As far as the passwords used, would you seriously argue that an ftp site wasn't open if the username and password were "ftp", and a README popped up before login telling you about this password? Passwords like "mp3" are the common way of saying "share and enjoy" around here, so it was considered public.

    1. Re:CMU Cracking? by Hob+Gadling · · Score: 1

      "Passwords like "mp3" are the common way of saying "share and enjoy" around here, so it was considered public."

      Except that you will find no legal precedent for that sort of policy. Password protection, whether easy to crack or not, is still a sign saying "Keep out unless you are authorized to be in here"

      It boils down to that CMU's admins still cracked into some of the boxes, thus not only violating their own code of ethics, but also breaking state & federal laws.

      If you were to allow for this sort of precedent, then you could logically conclude that it's legal to crack someone's box with even tougher protections.

      Example: If I were to run password cracker using a dictionary file against your /etc/password, and managed to grab a few passwords, am I absolved of cracking the box because this was an "obvious password"? I think not. You could extend the argument to using even more intelligent cracking techniques. I digress.

      --
      "You can't fight in here, this is the War Room!"
  63. Stupidity by Lord+Kano · · Score: 1

    If you're going to do something illegal, at least have the common sense to be low key about it.

    Since I live less than 15 miles from the CMU campus, I think of this as hitting close to home.

    The RIAA is in the right if they are persuing people who illegally are distributing MP3s.

    If these kids had ANY brains at all they would have hosted the servers on their own machines. Why? Because it would take a warrant for someone to look at their machines. And if they were going to search the machines of 71 students it's going to be hard to keep the word from getting out. This would give many people time to encrypt, hide, or dump the MP3s.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    1. Re:Stupidity by Capt+Dan · · Score: 2

      hosted the servers on their own machines

      And made the data freely available and therefore not requiring a warrant to collect any proof.

      ... which are run off the CMU network.


      "You want to kiss the sky? Better learn how to kneel." - U2
      "It was like trying to herd cats..." - Robert A. Heinlein

      --
      Sig:
      Barbeque is a noun. Not a verb.
  64. You Have No Privacy....Get Over It by KnobDicker · · Score: 2

    Common ./'er reaction to this story: "What about the students' right to privacy?! They were violated...."

    I guess people always like to play the "P" card because they have a vague understanding of their Constitutional rights against illegal search and seizure.....by the governent on their private property.

    Now, when one private entity--a corporation or university--owns a resource such as a network, you can kiss privacy goodbye. Court cases, like it or not, have clearly established that employers have the right to go through your corporate email at any time for any reason or no reason if they so choose--it's their network resources and they can do with them as they see fit. Now if the Feds show up in the company lobby and wanna go through the mail server logs that's a different story altogether.....that's where I say the Constitution kicks in.

    The same rationale could be applied to these kids at CMU--a private institution. The university owns and operates the network, and grants the university community priveleges to use it, not rights. The university is responsible to ensure that its network resources are used in an ethical and legal manner, so it is perfectly within its rights to go through any area of the network and look at anything it wants to with no notice, except for private student PCs. Password protected or not, the files resided on a private network.

    Reality is that the letter of the law and political correctness usually differ greatly. Public policy follows opinions in a democracy, and when opinions collide we end up in court. Does CMU have a PR battle ahead over this to win the hearts and minds of "violated" students and armchair rights activists chiming in on ./ and email from all over the world? Will they have a tough time attracting new freshmen because of their get-tough stance on MP3's? Maybe....but if they have the moral conviction to stand by their policies then it really doesn't matter.

    I'm no fan of RIAA and their lawyers and scare tactics either....but they are doing what I'd expect them to do by aggressively protecting the cash flow of their artists.


  65. My Friends were hit by Shaheen · · Score: 1
    I'm at CMU as an Computer Engineering and Computer Science (dbl) major. Two of my friends were among the 71 students hit for sharing, not only MP3s, but a bunch of other things on the campus network.

    To regain their network access, they had to do the following:

    • Go to some seminar
    • Speak at said seminar for 15 minutes on why they were wrong in sharing the stuff
    • Write a 1000 word essay about why what they did was wrong
    • And only then do they get the network connections back on November 14th


    I laughed until I cried. I just have to say "What the heck were you thinking!?" I mean, these guys are smart enough to come to Carnegie Mellon, yet they are stupid enough to share their ENTIRE HARDDRIVE worth of:

    • MP3s
    • Anime
    • Pr0n
    • Software (it ain't all free.. :)


    That's just absolutely stupid. And they don't seem to realize that FTP is 1. a faster protocol 2. a safer protocol. I run an FTP site at CMU - it's my own private collection of MP3s. I also run SaMbA on my machine - but I've host.denied everyone except myself and my friends. I've found this solution is an excellent way to circumvent any type of crackdown on illegal activity.
    --
    You should never take life too seriously - You'll never get out of it alive.
    1. Re:My Friends were hit by CaptainSuperBoy · · Score: 1

      I think it's only a matter of time before you're hit too.. just because they targeted SMB sharing this time doesn't mean they won't target FTP the next time. My school tracks students who upload large amounts of data, and then sniffs their traffic at the router level. There's nothing illegal about this - you're using their network hardware, aren't you? They have a right to sniff your traffic and see what stuff you're uploading. Unless you encrypt the entire stream of data, passwords offer no real security.

  66. These students weren't being too bright by Bocephus · · Score: 0

    These students had it coming to them, if anything. If you're going to serve up illegal material from your computer, make sure that you make it impossible for "administrative" types (who are incompetent more often than not) to find it. I attend Cornell University, whose NT-loving sysadmins occasionally go looking on various SMB shares for MP3s. The students who get caught are the ones who publicly share their MP3s in an un-pw'ed Windows workgroup (the network contract I signed did not authorize them to crack my box). That's one thing. Putting your MP3s on anonymous FTP is quite the same--you're asking for trouble. I have no pity for students who get caught because they were stupid. Anyone with even a rudimentary knowledge of Linux should be able to secure their box against the feeble probings of sysadmins who are scared s***less of a command line.

    --
    "Even genius needs a competent technique."--Robert Fripp
  67. Re:No, use common sense. by karnal · · Score: 1

    I agree with the Favorite Artist sucks saying. Even if the record company is "bundling", it's still the artist who recorded the songs.

    Not to say I'm against getting mp3's (the more the merrier, I say....), but as stated time and time again on slashdot, if you love the band and love the music, buy the friggin cd.

    --
    Karnal
  68. This is about to happen at U of Pitt as well by nicedream · · Score: 1

    I have a friend who goes to the University Of Pittsburgh (CMU is also in Pittsburgh in case you didn't know). She just got an email yesterday and they said they would be scanning the network soon and disciplining students who have illegal mp3s. So apparently this is becoming more common.

    I suggested the following:

    1. Rename *.mp3 to *.3pm or *.zip or *.123. I doubt the University really cares, they're just trying to cover their ass.

    2. Hide all illegal mp3s. In their place put a few legit ones from unsigned bands at mp3.com. See what they say, if you're willing to test the system.

    I'll try to get the letter and post it under this thread (or if anyone has it please feel free to do so).

    Brian

  69. Did they suspend morons? by blogan · · Score: 1

    At my college, alot of people share MP3's over SMB. I've also noticed that some people share their C:\ (with no password, and sometimes full-access :)

    Usually, you can go to C:\Program Files\Winamp\ and find a few MP3's. I'm wondering if these people would be in trouble, even though they're probably not aware that they're sharing at all. If I share a folder that contains many things (source code, GNU utils, articles I wrote, and Oops! My Mp3 folder, and I gave it the name of "Personal Archive" would I be held accountable?

    1. Re:Did they suspend morons? by CaptainSuperBoy · · Score: 1

      Of course they're accountable. Are you accountable if you don't know how to drive, but you get in a car and run someone over?

  70. Yet another reason to use Linux! by generic-man · · Score: 2

    Only Windows Networking (SMB) shares were subjected to the network sweep. As a result, any Linux, *BSD, or other shares were left untouched. In fact, by clicking on a person's URL in a Slashdot post (a NetBSD server) I was able to find a cache of MP3's and Warez that were completely ignored by Lerchey and crew.

    Use Linux, or any non-SMB FTP server for that matter, and you can leech to your heart's content.

    --
    For more information, click here.
  71. No its not invasion of privacy. by Anonymous Coward · · Score: 0

    If your have a work email and filespace, or university email and filespace, they are property of the company or university. They own the disks and machines. If your going to use your work or college email and file space for personal use, then expect it to be scrutinised. As for ISP's I'd say examing what comes through your email box would be an invasion of privacy as most people that sign up to an ISP dont expect some admin to flick through their personal emails. But when it comes to your job or studies, this would be deemed acceptable because your meant to be using them for work or studying and nothing else. Though of course not many people do just stick to that. I know here at the company I'm at that they have the right to examine my hard disk and email box as its techically their property and no doubt that is worded into my contract. Brad

    1. Re:No its not invasion of privacy. by Anonymous Coward · · Score: 0

      Where I go to college, we sign no contract. I can't beleive the laws say that just because someone else owns a piece of media, they therefore own the data on it. If, for example, I stole a napkin from a restaurant, to write down a new idea I just had, does that mean the restaurant now owns the copyright to that idea and I lose all rights to it because I used their media to write it down? While possession is 9/10 th's of the law, this just can't work that way, or else disk manufacturers would just "lease" their hard drives indefinately, and when you put something of value on them, terminate the lease and steal the data...

      Now, with that being said, there have been cases at my college where staff have required access to other staff accounts. Access has been denied, due to privacy concerns.

  72. The moderator was a dolt by Anonymous Coward · · Score: 0

    This is not interesting, it's yet another post from that automatic complaint generator. Actually read the drivel before you moderate it up.

    1. Re:The moderator was a dolt by Anonymous Coward · · Score: 0

      I agree, but see his point. It's autogenerated crap, but it's pretty well-generated compared to most crap-autogeneration programs. I dunno about you, but I want the source :)

    2. Re:The moderator was a dolt by Anonymous Coward · · Score: 0

      This is not interesting, it's yet another post from that automatic complaint generator. Actually read the drivel before you moderate it up.

      Perhaps they did read it first (shudders). If the other AC was looking to waste someone's moderator points it looks like they did it in a most amusing fashion. Then comes meta-moderation. Plus the -3 it'll take to put it back where it belongs...

  73. Pop quiz. by Anonymous Coward · · Score: 1

    Which one of these is correct?

    1:It's true that distributing mp3's is illegal, but who doesn't?

    2:It's true that speeding is illegal, but who doesn't?

    3:It's true that killing people is illegal, but who doesn't?

    4:It's true that using pirated software is illegal, but who doesn't?

    5:It's true that beating your wife is illegal, but who doesn't?

    "Laws that can't be enforced properly, fairly, and uniformily shouldn't be laws at all."

    Uh yeah. Sure. Whatever. Gun control? F' it. Lets just arm everyone - let God sort 'em out. Come on. I'll be the first to admit that it's obscene how music NEVER goes down in price. A tape (when tapes were "the medium") was $15. A CD today is $15. Hell - MD is cheaper than CD. But it's about that material being SOMEONE ELSE'S PROPERTY. Copyright law isn't just about protecting faceless corporations. It's about protecting the rights of Stephen King, Aretha Franklin, even Yanni. Anyone who chooses to spend their time developing IP.

    If music companies make too much in your mind, only buy from indies! IP is IP, no matter where it comes from. These students got what they deserved.

    "A better system that takes out the middleman needs to develop"

    Gimme a break. You mean "A better system that gives me cheap or preferably free music needs to develop"

  74. Bummer Dudes by Benjamin+Shniper · · Score: 1

    The RIAA, which is a legal front and pressure group for the protection of the oligopoly of music production in America, is at it again. They want there to be only three ways to get music: over the radio, where you get addicted to it, on CDs where you buy it for 10 to 20 times what it cost to produce, and in the background of popular movies and shows, where you again go to the record store and buy the music for the soundtrack.

    What really upsets me is that we have the tools now to be truly free of these ancient restrictions. All it takes is some freedom from the outside world (as in CMU) and a desire (to listen to music) with a problem (no money) to get the ball rolling. Like in the 60s, I know that using drugs and stealing music is a dead end, but to the hundreds of CMU students now forced to follow such restrictiveness while I had a so much easier time of it all, I'd like to say, "Bummer Dudes."

    -Benjamin Shniper

  75. What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 5

    There seems to be a few misconceptions about why people are upset about privacy violations. I'm a CMU student (not one of those involved), and I really think that the journalistic slant is ridiculous. People, you simply have no idea what is going on from that article.

    The article said that people were putting up MP3s on Web sites. Uh, no. The university network administrations conducted a sweep of *Windows shared drives* looking for MP3s. Plenty of people have shared drives. Sharing a partition of your drive so that you can use it around campus (like listening to your MP3s in a computer cluster) is not equivalent to posting them to a Web site. Furthermore, the university deliberately broke into some of the computers they examined. Some of the shares were unpassworded. I supposed I can at least understand the university being upset about this, if the shares were obviously intended for public access. However, if CMU found what they deemed to be "dubious" computers, containing *passworded* shares with a name like "MP3", "MUSIC", they started running a password guesser on the computer until they got in.

    Now, I can at least see accessing public shares. If they weren't designated as "for public use", that's one thing. But guessing passwords is unforgivable. Quite frankly, if I started trying to "guess" root passwords to the network administrators' computers, I'd be kicked off the network. Evidently, the fact that our computers happened to be connected to the network gives the network admins an idea that they have a right to break into our computers. They broke into some of our *privately owned* computers, into *passworded* segments of our computer that were obviously *not* public. This is blatently illegal, and the fact that CMU would do something like this at the urging of the RIAA disgusts me.

    The news article was flat out wrong, and heavily biased toward the RIAA. I'm not impressed.

    This sets a chilling prescedent. If I can say that some sort of content on a computer connected to my network is "dubious", then I would evidently have some sort of legal right to break in to private computers. This is, in my mind, not acceptable. If I have a share named "warez", can the university then legally break into my computer? What about one called "software"? What about one called "private project for MIT" (i.e. research not being done for CMU)?

    Quite frankly, I hope the CMU network admins get sued under every computer trespassing law available. If CMU can do it (a traditionally level-headed place), *anyone* can legally examine your private computer.

    1. Re:What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 0

      Actually they did look for MP3s on web sites. I am a CMU student and they probed port 80 and port 139 on my machine (didn't check ftp, oddly enough). Apparently most of the MP3s were found on the SMB shares. Anyway, I was not stupid enough to leave my mp3s where everyone can see them, but I got the IP addresses of these assholes machines from my syslog, so I blocked them just to make sure they don't come snooping around again.
      (This means you patrick@delusion.cfa.cmu.edu)

    2. Re:What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 0

      If this is a repost, pardon... slashdot is on crack today


      Copyright and Patent law is a mess of ironies.

      If you're a programmer, lawyers recommend that you DON'T look at the patents in your area of expertice. Why? Because then you'll have the excuse that you didn't know X was patented when you use it in your software. So the gov't has inadvertantly set up a system where more 'violations' occur than would if non-lawyers *were* allowed to interpret patents. I am ripping this info off of another /. article.

      In communications law, there is such a thing as a common carrier. As long as this carrier (like the phone companies) allows anyone to use their system, and doesn't edit the content, they can't be held responsible. If they do edit, then they can. So, by conducting this search, CMU now must continue to search forever. They are liable.

      David LaMacchia ran a BBS at MIT. Some people uploaded illegally shared programs to it, and he was arrested for it. Since he claimed not to know that the content was there, and he didn't delete things from his BBS, he *WON* his court case.

      In short, CMU has just screwed its students and itself. Fuckers.

      And *this* is why we need to overthrow the state and set up a new pastoral technocracy based on the principles of the National Green Socialist Libertarians for a Better Tommorow with no copyright and a garauntee of freedom from work.



      -Dave Turner, AC of convinience and occasional madman

    3. Re:What *REALLY* happened at CMU--article lied by Stonehand · · Score: 2

      As if your own post isn't biased?

      You're not telling the whole story. Recall that the password "guessing" was very limited -- "mp3", "password" were tried... as were any passwords explicitly listed in shared, public README files.

      If a password's listed in a file, or it's the folder name, or is another giveaway, it's clearly intended to be publicly shared. Remember that the default directory permission is: NOT shared, and that there are far more private ways to transfer files.

      --
      Only the dead have seen the end of war.
    4. Re:What *REALLY* happened at CMU--article lied by vyesue · · Score: 2

      I'm quite sure that there are lots of people on the CMU network that are fully capable of "guessing passords" on school run computers and "removing" files that they saw fit to remove without being discovered. one would like to think that these students would stand up for their friends who are suffering essentially the same fate.

    5. Re:What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 0

      Trust me, CMU is *not* the only place where stuff like this happens. I go to JHU, and down here, it's pretty much routine for people running Linux, *BSD, or Solaris to get scanned by JHU HCF (Homewood Computing Facilities) machines. I have a friend whose machine was actively attacked (a sendmail exploit) by a University owned machine. Of course, "it didn't happen" (yeah, right). They also like scan every machine on the network for a ftp server, and try logins like anonymous, mp3, etc. Usually, we just put .hcf.jhu.edu into our hosts.deny, check the logs, and don't worry about it too much.

      But don't worry about stuff like this too much, the really bad stuff, you never hear about. For instance, all the mail going through the main campus mailserver here at JHU is permanently archived. They obviously don't advertise this... I only found out when a student who used to work for HCF mentioned it at an ACM meeting (he thought we already knew about it, and was suprised to found out that noone else knew). Is (insert your university here) any different? Makes you wonder...

    6. Re:What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 0

      Why would they use a CFA student? Wouldn't it be more logical to recruit someone from CS?

    7. Re:What *REALLY* happened at CMU--article lied by Brighten · · Score: 1
      However, if CMU found what they deemed to be "dubious" computers, containing *passworded* shares with a name like "MP3", "MUSIC", they started running a password guesser on the computer until they got in.

      Actually, no, they didn't run a password guesser. They looked at shares with trivial passwords like "MP3" or "MUSIC" or where passwords were freely available in readme files. Thus, in my opinion, the argument that Computing Services cracked into student's boxes isn't really valid. If you intend for an account to be private, you don't give it a password like "MP3". Such a password is, for all practical purposes, no password.

    8. Re:What *REALLY* happened at CMU--article lied by Random_Task · · Score: 1

      If I put a house key under the welcome mat at my house does that mean that ANY one, by law is allowed to enter? NO. Just because the key is there and anyone could easily find it if they looked doesn't mean that it isn't against the law to exploit it. Its still breaking and entering.

      --
      "I can hoist a Jack. I can lay a track. I can pick and shovel too. I'll do anything you hire me to." - John Cash "Legen
    9. Re:What *REALLY* happened at CMU--article lied by bobsquatch · · Score: 1
      Quite frankly, I hope the CMU network admins get sued under every computer trespassing law available.

      Who exactly gets to sue them? The students are the only interested party here, I think (IANAL). And from what I hear, most of those students are guilty of copyright violations.

      Can you say countersuit? These guys probably have every reason to just shut up and take their lumps. Even if their lawyers manage to get all of the evidence thrown out because of the breach of privacy, those students still have to go through the trial and bear the legal risk.

      I may be an incurable pessimist, but I don't think many undergraduates would be up for it. Maybe if they had a lot of EFF/ACLU backing, or rich parents, but probably not. There are some deep pockets at RIAA (and CMU) -- it would be one hell of a costly battle.


      --

      --
      --
      #define private public
    10. Re:What *REALLY* happened at CMU--article lied by LordHamster · · Score: 1

      The RIAA did the same thing at my former college, and of course some people had files on the public drives or had huge ftp sites going and got in trouble.. Well.. they were indescrete, dumb. However, some people were harassed over LEGAL Mp3s. In their anti-mp3 efforts many sysadmins forget there is such a thing. In fact many songs from www.mp3.com are freely distributable. I for instance record my scanner traffic to mp3 format. This does not make me a criminal, but the RIAA puts pressure on universitys who overreact and automatically cave in.

    11. Re:What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 0

      Re: CFA, yeah I thought that was odd too. It seems they had trouble browsing the windows shares from whatever machines they were using, so one of the guys used his personal linux box w/ samba to do it.

    12. Re:What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 0

      e-mail is archieved at Ohio-state also.

    13. Re:What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 0

      Keep in mind, the students are ONLY in violation of copyright law if it can be shown that they DISTRIBUTED copyrighted works to people they do not have license to distribute to. There is no law against posessing copyrighted material, regardless of how it was obtained. The law only covers distribution. So, if I have 300 mp3's on my drive, it doesnt MATTER where I got them, or if I own the CD's or not. What matters is if I am distributing them or not. And just because I have a network 'share' on my computer, doesn't mean I'm distributing.

    14. Re:What *REALLY* happened at CMU--article lied by Buaku · · Score: 1
      Hmmm. So if the password is easy to guess, it's not illegal to break in? I'm sure that would hold water in a court of law.

      Judge: So you admit breaking into the bank's accounting system?

      Defendant: Sure, but the password was really easy. I only tried a few obvious ones. It was just the name of the bank in reverse.

      Judge: Oh. Well, case dismissed then.

      Easy or hard doesn't change the nature of the act itself. If CMU broke into private computers, then they should be tried and convicted just like anyone else. Of course they'll probably get away with it since they're a large institution.

    15. Re:What *REALLY* happened at CMU--article lied by gad_zuki! · · Score: 2

      So what if they had illegal data on their machinea? What if I'm snorting a huge line of coke right now and the cops break in without a warrant. "Hey look he's got coke, now we don't need a warrant." See?

      Its inadmissable, not to mention who would go after a copyright voilation if no money was made out of it and was just one person listening to a few tunes. Even the RIAA has better things to do.




    16. Re:What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 0

      in other words, the guys who lost network previlage, as always, are the really daring dumbasses. sorry, but no sympathy for em.

    17. Re:What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 0

      Doesn't matter what passwords they guessed or how simple they are. There are federal laws that make it illegal to crack passwords to gain unlawful entry to a computer. Unless CMU OWNS the computers the students were using, they violated federal law by trying to gain unauthorized access to someone else's computer. Doesn't matter why they did it or how they did it, it's ILLEGAL. Anyone who had CMU break into their system should first call a lawyer and second call the FBI.

    18. Re:What *REALLY* happened at CMU--article lied by farkinga · · Score: 1

      I'm also from CMU. They didn't run any password guessing programs. If people used a password like mp3, they entered it. If it didn't work, they moved on. Some people have lists of passwords for other computers in their shared folders so naturally, they would use those to get into password protected shared folders but they certainly didn't make any real effort to break into anyone's computers. Think about it - if they had, why did they get only 71 of the 250 students? You know almost all of those students had mp3s in shared folders - it's just that the rest of them didn't use mp3 as the password.

      --
      ?/o
    19. Re:What *REALLY* happened at CMU--article lied by Anonymous Coward · · Score: 0

      yeah, i have about 4 gigs of mp3s on my machine at cmu. Thing is, I run linux and I don't run samba and they were only looking for windows file shares hehehe... Even if they found the ftp server (not on port 21) they'd have never guessed the username/passwords (which are just regular shell accounts for some of my friends)

      I'm amazed how many people left their mp3s so openly accessable.

    20. Re:What *REALLY* happened at CMU--article lied by mpe · · Score: 1

      Trust me, CMU is *not* the only place where stuff like this happens. I go to JHU, and down here, it's pretty much routine for people running Linux, *BSD, or Solaris to get scanned by JHU HCF (Homewood Computing Facilities) machines. I have a friend whose machine was actively attacked (a sendmail exploit) by a University owned machine. Of course, "it didn't happen" (yeah, right). They also like scan every machine on the network for a ftp server, and try logins like anonymous, mp3, etc. Usually, we just put .hcf.jhu.edu into our hosts.deny, check the logs, and don't worry about it too much.

      It probably happens to Windows machines too, just that these (unlike unix systems) don't have the ability to detect and log what is going on.
      (Maybe some law enforcement people would be intersted in seeing some of these logs.)

      I wonder if these crackers are aware that tcpd can be configured to automatically find out as much as possible about anything which attempts to connect to the machine running it. (Also send whatever it finds out anywhere it can, e.g. an email address, a network printer, etc.)

  76. THEY *WERE* PASSWORDED! by Anonymous Coward · · Score: 0

    That's the entire point. The MP3s were on Windows shares, not web sites. And many of the shares *were* passworded...CMU ran a password guesser to break in.

    The news article conveniently ignores this. They need to talk to students, not just the RIAA and CMU net admins.

    1. Re:THEY *WERE* PASSWORDED! by Fastolfe · · Score: 1

      CMU ran a password guesser to break in.

      Where did you hear this? As far as I can tell, the only "guessing" that was done was by a human, and for trivial things like a password of "mp3". This is hardly as evil as you seem to want to make it out to be.

  77. WMF? by Anonymous Coward · · Score: 0

    I heard there is a microsoft file format called wmf. Shouldn't they be using this warez music format files then?

  78. MP3 @ PSU by Anonymous Coward · · Score: 0

    I'm a student at Penn State University. I got in trouble once for having an ftp server set up to my mp3s. That was a little different. The local area network has never been touched. I don't even see how the RIAA without checking out Network Neighborhood with the students IPs. As far as Penn State is concerned, I don't see how they would ever sort through every students folders in their shares. Guess we'll just have to start using passwords. :( I hate that.

  79. They weren't publicly available! by Anonymous Coward · · Score: 0

    Many of them were on passworded drives. CMU broke into passworded computers to examine them. *That* is why CMU students are up in arms. CMU doesn't have the right to break into private sections of privately owned computers, regardless of whether the computer is connected to the network or not.

  80. What this really means by Anonymous Coward · · Score: 0

    As a student and work study for CMU Network Engineering, I known and work with the people that conducted these searches. I am fully aware of their attitude towards students. If it was up to them they'd shut off dormitory network access immediately. Previous actions and these have only reenforced my assumption of the bigger problem:

    CMU Network Admins care more about protecting the rest of the Internet from CMU students than they care about protecting CMU students from the rest of the Internet.

    1. Re:What this really means by Anonymous Coward · · Score: 0

      Note: Posting anonymously for obvious reasons...


      Yup.. Sounds like the admins at WTAMU. They once shut off the network connection of one of the student web servers because it was "running an illegal service".. (which turned out to be a student doing an "nslookup -d" which resulted in a zone transfer that their monitoring program detected as a tcp connection to port 53...)..

      They also shut down several ethernet ports for having smb shares on (even passworded ones)... Their excuse was that they did not want items on the network with "possible improper names"...

      Thing is... the admins are (were) clueless (they had a mail server running Sendmail SMV-8.6 till recently... It was only shut down when it was severly abused, and the parent school TAMU (who in comparison are actually exremely knowledgable) got complaints about it and threatened to shut off network connectivity for the whole WTAMU campus (which would have affected another local college and other enteties that get their connectivity through WTAMU)

      PS... WTAMU still has LOTS of other security holes... which they HAVE been informed about....

  81. comparing pirating cd's to murder and wife beating by Anonymous Coward · · Score: 0

    smooth.

  82. Funny thing is.. by Thomas+Charron · · Score: 2

    The funny part is, what they did is not technically illegal. I remeber several years agi a very prominent 'warez' site run out of MIT that had GIGS of things to download. When they pressed it in court, it was thrown out. Pirating is illegal, but happening to leave your cassette tapes out where people can copy them ISN'T.. ;-P

    --
    -- I'm the root of all that's evil, but you can call me cookie..
  83. comparing pirating cd's to murder and wife beating by Anonymous Coward · · Score: 0

    smooth comparison guy. remind me to stay out of your cd collection i might get shot.

  84. You don't know your alma mater very well. by Anonymous Coward · · Score: 0

    CMU has consistently blown both hot and cold on technology issues. Most of it stems from administrators that don't know technology. And a few (bad) professors who are more politically inclined than technologically literate.

    Remember back in '83 when that Suzuki kid got axed. He created a series of nested subdirectories. They accused him of taking down a mainframe. He didn't. (I saw the logs.) But that didn't stop CMU from pulling all his other computer accounts on suspicion. In that era, without PC's, losing his other accounts triggered a forced-fail in half his classes. Followed by the disciplinary board kicking him out of the school when he contested it.

    I saw a friend of mine, Doug, accused of cheating. Apparently his program was sufficiently similar to another student's code. They both had the same obscure bug in their logic. Prof ruled it cheating. No matter that Doug had witnesses to his writing the code in the lab. No matter that Doug was one of the more brilliant hackers in the lab, and didn't need to cheat. No matter that Doug was taking the course as an "extra", having already filled his requirements and electives. Professor gave Doug a forced-fail. And if Doug contested it, it went to the disciplinary board of review. Which tended to kick students out.

    I was there when a friend of mine found a severe hole in AFS (kerbros) authentication that allowed one to assume the identities of other users. The first piece of advice that I gave him was: Whatever you do, DON'T tell the administration! They will suspend your account and kick you out of the school! (We eventually went behind the administration's back to unofficially inform the coding staff.)

    At one point I paid good money to take a class that had a 60% drop rate. That did horrible things to the curve. I had to drop or fail. Without reimbursement if I dropped, of course.

    I don't usually advocate lawsuits. But CMU is well overdue for a lawsuit for violating its students rights and its contractual obligations. And when that happens, it'll make an awfully big different to the rest of the student body. Unfortunately, undergrads tend to be young and uninformed as to their legal options. I know I was.

    1. Re:You don't know your alma mater very well. by Myddrin · · Score: 1

      I'm sorry that you had such a rough time. However, your post has almost nothing to do with what I wrote.
      I wrote the use and distrubution of pirated software was common while I attended.
      While I agree that CMU has made some _incredibly_ draconian rulings, (and that CS students tend to get the brunt of said ruling) it is really not relevant to what I was saying.

      --
      Myddrin
  85. One thing in particular *REALLY* bothers me here.. by SvnLyrBrto · · Score: 1

    One thing about this affair *REALLY* well and truely bothers me. In fact, it has me downright pissed off:

    [["The university said it discovered the copyright violations last month, when it conducted surprise inspections of student computer files AT THE ORDER of the Recording Industry Association of America. Read"]] [[[[EMPHESIS mine]]]]

    "At the order". When the HELL did a fu*king trade group get the authority to ORDER around a major computer science university?!?!?!?!!!!

    IANAL, but last *I* heard, I had thought it took a judge and a search warrant to ORDER a university to allow someone to search their servers. Okay, so CMU did the search themselves. But when the HELL was the F-ing RIAA given the authority to ORDER such a search????

    Or did they mearly *coerce* CMU into thought-policing actions???

    This *REALLY* pisses me off!!!!

    Arrogance such as this is downright microsoftian!

    Somewhere, somebody, has given WAAAAYYYY too much power to these thugs. That person, or persons needs to be dragged out and (metaphorically) shot, or at least voted out of office.

    So how the hell do you stop the RIAA from rampaging around like this, bullying the very universitys which are supposed to be the bulwarks of free sppech, freedom of expression, and freedom of information???

    Doesn't RICO cover corrupy, power-mad, bullying organizations such as this. IANAL again, and I know RICO was meant to combat the mafia, but IIRC, other corrupt organizations have been prosecuted for racketeering under RICO before. Anyone know how such a suit is initiated? Writing congressmen I suppose. Although it would have to be an en masse campaign.

    Since the RIAA is so intent on destroying the MP3 format, how about a class-action suit against them... by all the creators and users of MP3 software???

    Or, perhaps, as was suggested earlier, MP3 should just be made into everyone's default sound format for EVERYTHING. Make it so ubiquiotous, that there'll be NO WAY to stop it.

    In any event, there's got to be *some* way to bring these SOBs down...

    john

    --
    Imagine all the people...
  86. RIAA and Schools by TheCarp · · Score: 1

    I currently work for a large University as
    a Sysadmin/Programer, and it seems every few
    weeks we get an email from the RIAA telling us
    that a student is running an MP3 site and that
    we need to shut them down.

    On a personal level, it pisses me off. I see
    nothing morally wrong with what the kids are
    doing, and I know my collegues express the same
    feelings, but we shut them down anyway, even if
    it gives me a sick feeling in my stomac.

    However, surprize inspections and cutting off
    computer access is way extreme. Here we ask the
    student to remove them. Then they are reported to
    someone or other. Basically, you do it, you get a
    slap on the wrist.

    Students HAVE lost all computer access over it,
    but only the ones who openly ignored us and
    continued their activities. I think pulling
    any network acess from a first time violator is
    extremely harsh (even if it is just "Home Access")

    I certainly hope these students complain and are
    heard. "Surprize inspections" are just wrong.
    (Then again...so is using University computers for
    MP3 distribution...keep it on your own machine
    god damnit)

    Then again...I supose the upside is that when I
    get the RIAA notice, I can check the site to see
    if they have anything good before they get shut
    down (I am not in charge of shutting them down
    myself...im mostly just a programer)

    --
    "I opened my eyes, and everything went dark again"
  87. RIAA's worst nightmare by Anonymous Coward · · Score: 0
    http://mp3.com/

    And there's not a thing they can do about it. Support the artists who are trying to help decentralize the music industry.

  88. Copyrighted materials by Anonymous Coward · · Score: 0

    I don't know why this sort of material should be copyrighted in the first place, I bet some people have remembered hearing music in the past and wished they cpuld get a copy of the song in some format and couldn't because it wasn't available to purchase anywhere. Maybe they would get lucky and catch it on the radio.

    Personally I don't listen too much music but I do enjoy playing my emulated nintendo games and these are also considered illegal if you don't own the original. The only problem with this is that it is almost impossible to find a properly working original of some of the games I have come to love. Without video game roms I wouldn't be able to play these games anymore if I could purchase them I would but I can't. So I ask you aLL where does that leave other people with similar problems?

    We need to make this type of information widely available in as many formats as possible to ensure that we can enjoy them into our later years.

  89. FUCK THE RIAA by Anonymous Coward · · Score: 0

    DIE

  90. A public password by CuriousGeorge113 · · Score: 1

    Here, at California U of PA, we all just password our MP3 directories, but almost everyone has the same password, therefore, you can still trade MP3's, but it's secure.

    --
    No man is an island, But if you take a bunch of dead guys and tie them together, they make a pretty good raft.
    1. Re:A public password by Rupes · · Score: 1

      >Here, at California U of PA, we all just password our MP3 directories, but almost everyone has the same password, therefore, you can still trade MP3's, but it's
      >secure.

      Don't be too confident. This is what was being done by many of the people disconnected at CMU.

    2. Re:A public password by farkinga · · Score: 1

      Wow! What a brilliant idea! I would have never thought that California University of PA students would know more about computers than CMU students! I was wrong! ...wait... That's exactly what was being done. If you'd read any of the 500 other posts, you'd see the problems surrounding the CMU students' use of guessable passwords (such as 'mp3'). To say that it's secure when everyone uses the same password is pretty funny. Don't give yourself too much credit. If it has to do with security, chances are decent that CMU invented it.

      --
      ?/o
  91. This is really nothing new...and stop whining! by bconway · · Score: 1

    First off, this happens every year with every college across the US. The RIAA complains, and college computer centers that normally couldn't care less about rules that are in place but which aren't enforced then have to go through public directories and punish those that are too stupid to make such things available without passwords. This is really common sense, people.

    Secondly, my university did the same thing last year after the first quarter, as happens every year, and they suspended upwards of 30 students. These students lost their network connections for the remainder of the year with no chance at recovering them. This was a fully justified decision, and any whining on the part of those CMU students can really just shove it. This topic is one that has been exhausted around campuses for a LONG time, and I'm just disappointed we didn't make slashdot last year. =P

    --
    Interested in open source engine management for your Subaru?
  92. RIAA made them aware of what? by chialea · · Score: 1

    RIAA just asked them to check their students files to see if there WERE mp3's. they couldn't have known, since these files were only accessable inside the university (according to the article). no one was "made aware" of anything. they were instead asked to inspect, for themselves, the entire campus' files for copyright violations.

    I think they made a pretty bad move. now they're setting themselves up to be liable for whatever is left behind that could possibly be illegal: mp3's, comments about a professor/Bill Gates/Bill Clinton/Bill Buddy Bob, anything...

    Lea

  93. Re:What - MP3's aren't GPL'd by Anonymous Coward · · Score: 0

    This wouldn't be a problem if MP3 code was GPL'd. I guess these students haven't heard of encryption either.

  94. no, you won't. by Anonymous Coward · · Score: 0

    I'm just pointing out the hypocritical thesis you put forth. It's okay to break the law if I'm stealing from a faceless corporation. I mean, the artist was a millionaire before they ever cut a record, right? So they must not have ever seen a penny of it. So F' em.

    It just doesn't make sense to me to say that stealing is okay. Again, if paying Capitol, Sony, BMG, Arista, ... back for the artists they've gambled on bothers you too much, buy from indies, and don't support them!

    1. Re:no, you won't. by Musc · · Score: 1

      it doesn't make any sense at all to say that copying is stealing, so stop it.

      --
      Hamsters are at least as feathery as penguins. HamLix
  95. What is next? by Anonymous Coward · · Score: 0

    Will the RIAA force the RA's of dorms to stop letting people borrow each other's CD's ro burn/record?

  96. Umm..no.. *LEGAL* Mp3's. by Byter · · Score: 1

    As in Phish, Live Dave Matthews, Live Bruce Hornsby, Live Greatful Dead...and your OWN music.

    Those are allowed to be freely distributed.

    1. Re:Umm..no.. *LEGAL* Mp3's. by mastagee · · Score: 1

      In addition to any artist that made single tracks of their music available publically. For example Korn recently released a single off their new cd Issues (Falling away from me). Several Artists have done the same thing using MP3.com, ie Long Beach Dub All Stars, Several Artists on No Limit records, and Qtip to name a few.

      Question is How can they tell the difference between those that are legally given out and those that are illegal. Do they have a gigantic list of MP3s that are freely downloadable?

      The fact is that if you download an MP3 from a major record label artist, it is presumed illegal immediately. Of course this pushes alternative formats. So when the RIAA does this they are purposly pushing that major record label artists distribute their music using an encrypted format.

      if this wasnt buried 4 layers in, someone might have read it, but. . .

  97. RIAA did NOT by chialea · · Score: 1

    RIAA did not make them aware of anything, according to the article. they asked the university to check and see if there was anything that they (the RIAA) would object to.

    they were also not publically available to anyone BUT the university system. RIAA could not have known anything. they were just sending out scare letters, and CMU responded.

    Lea

    1. Re:RIAA did NOT by farkinga · · Score: 1

      That's not true. The RIAA did know about several computers on the CMU network that had web pages and FTP sites because they were accessable through the internet. The RIAA also sent two letters to CMU on October 13th, notifying them about two computers on the CMU network that they had found out about. No, the RIAA didn't tell them to check the intranet for illegal things. However, because the RIAA finds about 5-10 CMU computers a year with MP3s on them, the folks at CMU Computing Services decided to check the network to see how large a problem it really was. Summary: - The RIAA sent letters with specific purposes - The RIAA did not scare CMU into searching the network - CMU searched for their own info. - Some people on the network did make mp3s available to the whole internet

      --
      ?/o
  98. Yes, it's their network...BUT... by Stradivarius · · Score: 5

    What the Chronicle article fails to mention, or made factual mistakes with:


    1) These files were NOT on student websites. They were on students' own machines shared via Microsoft Networking.

    2) Many of the computers found "in violation" had their shares passworded. However, CMU tried to guess passwords when it ran into them. So if they could guess it, they considered it public access.

    3) The uproar is not so much about the school trying to reduce mp3 sharing over their network, but the manner in which they did it. The CMU Computing Code of Ethics clearly states, "Every member of Carnegie Mellon has two basic rights: privacy and a fair share of resources. It is unethical for any other person to violate these rights...On shared computing systems, all user files and directories are considered to be private and confidential. Only files which a user has explicitly made public (e.g., by placing in a "public" directory) should be considered open for general access. Accessing and using files in another person's directory when not expressly permitted to do so by the owner is a violation of that person's privacy" The Code further states "Loopholes in computer systems or knowledge of a special password should not be used to alter computer systems, obtain extra resources or take resources from another person". Clearly what CMU has done, by going into folders not marked as public and guessing passwords has violated their own Code of Ethics. That has gotten a lot of people pretty upset. They followed the rules but lost access anyway.

    4. The students affected could reduce the time they lost network access by a few weeks by going to a stupid "education" seminar to hear why copyright infringement is bad, and then write some paper along those lines. I think those that did that get their access back on Nov 14, or something like that.

    5. Computing Services sent out an email to the student body giving their side of the event. You can find the text here.


    1. Re:Yes, it's their network...BUT... by noy · · Score: 1

      1) These files were NOT on student websites. They were on students' own machines shared via Microsoft Networking.

      doesnt matter - there are methods of sharing with microsoft networking across subnets - if i can do it, so can the RIAA

      2) Many of the computers found "in violation" had their shares passworded. However, CMU tried to guess passwords when it ran into them. So if they could guess it, they considered it public access.

      see above, if i can guess it, so can the hackers and the RIAA... but i believe this is tresspassing, and akin to picking a lot and saying 'it was a crappy lock', which is clearly illegal... CMU went too far here...

      3) The uproar is not so much about the school trying to reduce mp3 sharing over their network, but the manner in which they did it. ......

      Clearly what CMU has done, by going into folders not marked as public
      and guessing passwords has violated their own Code of Ethics. That has gotten a lot of people pretty upset. They followed the rules but lost access anyway.


      agreed... the question is whether the mp3/mp3 account was there for simplicity or so your friends from 7 nearby schools could log in and leech...

      4. The students affected could reduce the time they lost network access by a few weeks by going to a stupid "education" seminar to hear why copyright infringement is
      bad, and then write some paper along those lines. I think those that did that get their access back on Nov 14, or something like that.


      it shoudn't take so long, these kids were not driving drunk...

      5. Computing Services sent out an email to the student body giving their side of the event. You can find the text here.

      like some other schools, this email should have been sent out before the event, so that the kids would not have publicly shared the stuff!

    2. Re:Yes, it's their network...BUT... by Subwolf · · Score: 2
      1)...(in short, u said)...not on web, was in shared folders
      ok.

      2) ...(in short, u said)...CMU guessed passwords, considered public
      Not entirely accurate according to their email. They considered 'easily guessed' passwords and those that had passwords in readme files, or were freely given upon request, the same as public access. They did find systems that had mp3s and such, but with better passwords. Those they considered were there for legal, 'private' use.

      3) ...(in short, u said)... CMU violated their code of ethics
      No... If you read a little further you would have noticed this line under the 'System Administration' section: "On rare occasions, computing staff may access others' files, but only when strictly necessary for the maintenance of a system or in active pursuit of serious security or abuse incidents."
      They were well within their rights to search the systems, whether password protected or not. The students have no grounds to complain about anything.

    3. Re:Yes, it's their network...BUT... by Anonymous Coward · · Score: 1

      "The Code further states "Loopholes in computer systems or knowledge of a special password should not be used to alter computer systems, obtain extra resources or take resources from another person". Clearly what CMU has done, by going into folders not marked as public and guessing passwords has violated their own Code of Ethics. That has gotten a lot of people pretty upset. They followed the rules but lost access anyway." You are quite right on this one, this is the basic moral equivlant of the police making a drug bust on apartment #120, with full search warrent, then deciding to just try and see if they can pick the locks on #s 100-150 to see if they happen to have drugs as well. If the cops did something like that, the evidence they seized without warrent, they couldn't use in court. This sort of thing is covered in the 4th ammendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Notice the "papers and effecs". While it doesn't explicitly say "computers" since they weren't around when the Bill of Rights was written, the implication is there and clearly CMU oversteped it's bounds. Actually, I'm rather hoping to see them with a lawsuit on their hands. The fact aside that they are basically violating students 4th ammendment rights, I seem to recall that it has been ruled illegal to crack into systems. Seems to me they were doing just that.

    4. Re:Yes, it's their network...BUT... by Anonymous Coward · · Score: 0

      Excellent summary. I wish your posting could be appended to the original article.

    5. Re:Yes, it's their network...BUT... by Anonymous Coward · · Score: 0
      Point number 3 is wrong.

      CMU never claimed to have administrative authority over dorm machines. The system administration section is for cluster machines and other machines that all community members use, or that are controlled by the university.

    6. Re:Yes, it's their network...BUT... by Otto · · Score: 2

      Not entirely accurate according to their email. They considered 'easily guessed' passwords and those that had passwords in readme files, or were freely given upon request, the same as public access. They did find systems that had mp3s and such, but with better passwords. Those they considered were there for legal, 'private' use.

      Okay, lets say I share a folder with MP3's...

      If I make it publically accessible, that's fine for anyone to look at. I'm implictly granting copy permissions.

      If I put a password on it, of any kind, be it easy or hard, I'm denying that permission. For a school to come into my system, basically hack it (guessing passwords is the oldest form of hacking), then they are breaking the law. Period. Criminal Trespass. Illegal Search (possibly). Definitly a rights violation.

      I say, sue the shit out of the school. Or at least go wacko and shoot a few administrators (mainly a joke :-).

      ---

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    7. Re:Yes, it's their network...BUT... by Fastolfe · · Score: 2

      If I put a password on it, of any kind, be it easy or hard, I'm denying that permission. For a school to come into my system, basically hack it (guessing passwords is the oldest form of hacking), then they are breaking the law. Period. Criminal Trespass. Illegal Search (possibly). Definitly a rights violation.

      Not quite.

      Intent to restrict access is a vital point in any 'password-protected' defense against CMU's actions. By using a password of 'mp3' (which most people recognize as the password to use when attempting to access MP3 resources) or by placing the password in a README file, you are making it clear that you have no intention to restrict access to your MP3 files. For that reason, the data can be legally classified as 'public'.

      As you say, "Period."

    8. Re:Yes, it's their network...BUT... by leko · · Score: 1

      No, their own computing code says that anything not marked as public is to be considered private. According to that, they shouldn't even have checked to see if a password dialog box appeared.

    9. Re:Yes, it's their network...BUT... by Anonymous Coward · · Score: 0

      So, since my landlord owns my house/apartment, and its 'not mine', he can then come in and do whatever he wants to it? The students pay for the services of the school. The network is one such service, their place on that network is paid for by them, like renting an apartment. The 'landlord' can not violate their place on the network.

    10. Re:Yes, it's their network...BUT... by Fastolfe · · Score: 1

      No, but if you leave your door wide open and put a sign outside your door saying "Come on in!" and someone does and notices you breaking the law, you are still accountable.

      Regardless of the fact that the students are paying for the service, they STILL HAVE TO ABIDE BY THE LAW as well as the school's acceptable use policy/terms & conditions. The school was completely justified in doing what they did.

    11. Re:Yes, it's their network...BUT... by BrianH · · Score: 1

      Bad analogy :) You'll find that many rental contracts in most states allow a landlord immediate eviction powers if it's discovered that you're using the property to conduct illegal business.

      --

      There is nothing so pathetic as seeing a beautiful young theory roughed up by a tough gang of facts.
    12. Re:Yes, it's their network...BUT... by Anonymous Coward · · Score: 0

      These landlords still do not have the right to conduct an illegal search to make the determination if the property is being used in an illegal fashion.

    13. Re:Yes, it's their network...BUT... by Subwolf · · Score: 1
      Your missing one _very_ important issue. The network that the files were being shared on was the property of the school.

      It wasnt the student's private network in their dorm.

      When you are using somebody else's property, you abide by their rules. They made it quite clear that they had the right to search the student's computers. The students agreed to that rule by using the network. No room to complain.

    14. Re:Yes, it's their network...BUT... by Otto · · Score: 2

      When you are using somebody else's property, you abide by their rules. They made it quite clear that they had the right to search the student's computers. The students agreed to that rule by using the network. No room to complain.

      Complaining is like Jello. There's always room for more. :-)

      The point is I'm sure you could convince a judge otherwise. And even if not, you could be enough of a pain in the at that at the very least they'd think twice about doing it again.

      I'm not saying it's right to pirate music, I'm saying it's wrong for anyone to do illegal things to you. It's a rights violation, damnit. They may have signed away that right, but that doesn't make it any less wrong!

      Argh.. I shouldn't get drawn into these arguements.. my head is hurting.. argh.. need pizza...

      ---

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    15. Re:Yes, it's their network...BUT... by jafac · · Score: 2

      Just so I understand this;

      Were the shares they searched administrative shares?

      (for the NT-unaware, and administrative share, is one that is at the root of every drive-letter, by default, on NT, anyone can use NET USE with the administrator password to gain access. Most savvy NT administrators delete these "hidden" shares after installation of the OS - but this subsequently can interfere with some applications)

      I wish I had a nickel for every time someone said "Information wants to be free".

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    16. Re:Yes, it's their network...BUT... by Stradivarius · · Score: 1

      Intent to restrict access is a vital point in any 'password-protected' defense against CMU's actions. By using a password of 'mp3' (which most people recognize as the password to use when attempting to access MP3 resources) or by placing the password in a README file, you are making it clear that you have no intention to restrict access to your MP3 files. For that reason, the data can be legally classified as 'public'.

      Suppose for the sake of argument that we accept this 'implicit' classification as public, if the password is something like mp3, or certainly if the password is in a readme file. But where do you draw the line as to what passwords consitute intent to make it public vs. private?

      If I use my name as a password, or some personal detail that some random person might not think of, but Computing Services could (since they know who I am and lots of other details), is that considered opening for public access?

      I personally see a good argument for considering shares "public" if the password is in a readme file. Then it's clear you intend it for public consumption. But I think it's less clear if the password is merely something that is common, such as mp3. People have tons of passwords these days, and often use simple to guess, and thus easy to remember, passwords (how many ppl use 'password' as their ISP password? Does that mean if I guess their ISP password that should be considered the same as them posting it on their Web site?)

      I don't think that the situation here is all that clear. And since the CMU Computing Code of Ethics states that those shares not marked *explicitly* as public should be considered private, CMU should not have attempted to guess passwords. At least not with making an announcement prior to that stating the change in their policy so that students would be aware of it, and could change their passwords accordingly.

    17. Re:Yes, it's their network...BUT... by LordThales · · Score: 1

      Still a bad analogy. Part of the deal when you rent from a landlord is that this is your *private* property. Files which people have *public* access to can be freely searched. If the administration is correct, and the passwords were so easy to guess that it was evident that they were *meant* to be guessed, then there's no reason they couldn't access and search them, just like anyone else on the network could.
      ---
      Thales

      --
      Thales
      "I'm Kinetic!" -- The Authors
    18. Re:Yes, it's their network...BUT... by Anonymous Coward · · Score: 0

      No... If you read a little further you would have noticed this line under the 'System Administration' section: "On rare occasions, computing staff may access others' files, but only when strictly necessary for the maintenance of a system or in active pursuit of serious security or abuse incidents." They were well within their rights to search the systems, whether password protected or not. The students have no grounds to complain about anything.

      (My Code of Ethics, part I.) I have the right to kill anyone. End of story.

      I don't believe the code of ethics was ever signed by each student. If it was, for those under 18, it wasn't legally binding. In addition, I'm not sure if you can even give someone the right to commit a crime by signing a paper...(could be wrong).

    19. Re:Yes, it's their network...BUT... by Anonymous Coward · · Score: 0

      When you are using somebody else's property, you abide by their rules. They made it quite clear that they had the right to search the student's computers. The students agreed to that rule by using the network. No room to complain.

      I don't think so. "This is my yard. You agree to letting me kill you if you look at it." Sorry, doesn't count.

    20. Re:Yes, it's their network...BUT... by Anonymous Coward · · Score: 0

      I dunno. I don't run around trying "mp3" as a password....

      I think that because a password is guessable, it's an implication of intent to make public. Maybe "cmu" is guessable. "guest", "public", "anonymous", the user's name... Where do you stop? I don't think that the inability of someone to choose a good password (which is what this is leading to) should be representative of whether they have the right to keep their files private. I want to take the strongest possible route and say that if something is passworded, it's illegal to break in. Otherwise, it's "legal" for anyone to try the latest passwords floating around in the mp3 community. That's like a blank check. Sorry, I can't agree.

    21. Re:Yes, it's their network...BUT... by Anonymous Coward · · Score: 0

      Yes, but the door wasn't open. It was closed. Passworded. If you have a big sign "MP3s" outside, then law enforcement could claim probable cause, get a search warrent, and examine the computer. But the school *never* has rights to do so.

    22. Re:Yes, it's their network...BUT... by jordang · · Score: 1

      Well, as many people here seem to be forgetting, the 4th ammendment only covers searches conducted by the government or an agent of said government (the police, fbi, fcc, somebody acting on behalf of the police, etc...)

      CMU is not, as far as I know, any kind of government agent - therefore though they may be guilty of breaking into computers, it is by no means "illegal search and seizure"

    23. Re:Yes, it's their network...BUT... by gad_zuki! · · Score: 2

      Easily guessed passwords are suddenly public access and not hacking? You expect anyone to agree with that?

      Its also impossible to know which MP3's are illegal and which aren't without an investigation. I may have lots of Who mp3s and I might just own every Who album. Ever hear of fair use?

      "Yeah officer I stole that car radio, but the guy left his door unlocked!"

    24. Re:Yes, it's their network...BUT... by gad_zuki! · · Score: 2

      You've already decided that coming in is legal and fine so whatever is found can be used to incriminate the owner. When in reality coming in is NOT fine if you find the door locked and you begin to force yourself in. Regardless if other people have cracked it, the first crack is as illegal and the 100th crack. Regardless of how long it took to crack, its still cracking.

      Now if the sign said "Set my house of fire" with a gas can and a lighter next to it would that be fine too? Arson is still illegal regardless of how easy it is or if 'everyone else is doing it.'

      Another thing everyone is forgetting is you have no idea what MP3's are legal or illegal without knowing what CD's or Tapes that person owns. MP3 transer also isn't illegal if the recipient keeps it for under 24 hours. Its called fair use.

      2 wrongs certainly don't make a right.

    25. Re:Yes, it's their network...BUT... by slashdot-me · · Score: 1

      > No, but if you leave your door wide open and put a sign outside your door saying "Come on in!" and someone does and notices you breaking the law, you are still accountable.

      What if the door is locked and a key is under the mat? I think this situation is analogous to the password in a readme file.

    26. Re:Yes, it's their network...BUT... by slashdot-me · · Score: 1

      > Your missing one _very_ important issue. The network that the files were being shared on was the property of the school.

      The school didn't intercept data flowing over the lan with tcpdump. They guessed passwords to gain access to a students hard disk! My disk, my property.

    27. Re:Yes, it's their network...BUT... by Fastolfe · · Score: 2

      But where do you draw the line as to what passwords consitute intent to make it public vs. private?

      I'd draw the line where the password ceases to be obvious. I'm not a regular MP3 trader, but I automatically know that 'mp3' is usually the password to use when I come up to an MP3 share. Beyond that, it's a gray area, and one I, as an admin, would not be willing to venture.

    28. Re:Yes, it's their network...BUT... by Fastolfe · · Score: 1

      What if the door is locked and a key is under the mat? I think this situation is analogous to the password in a readme file.

      If there was a sign up on the door that said, "Everyone welcome! Key is under the mat!", then surely it would be fine.

      It all boils down to the intent of the resource provider. If he intended to restrict access, he would have done so by choosing a real password. A password of 'mp3' is a VERY common way of setting up MP3 shares for public use. Intent is a very crucial point here.

    29. Re:Yes, it's their network...BUT... by Kintanon · · Score: 2

      Well, as many people here seem to be forgetting, the 4th ammendment only covers searches conducted by the government or an agent of said government (the police, fbi, fcc, somebody acting on behalf of the police, etc...)

      CMU is not, as far as I know, any kind of government agent - therefore though they may be guilty of breaking into computers, it is by no means "illegal search and seizure"


      That is correct. Instead of 'illegal search and seizure' it's called 'Breaking and Entering' in most places when a private entity does something like this. Do you think CMU could raid your dorm without a warrant? They may be able to, but they shouldn't be able to.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    30. Re:Yes, it's their network...BUT... by Fastolfe · · Score: 1

      Regardless of how long it took to crack, its still cracking

      Again, it boils down to the intent of the owner of the resource. A password of 'mp3' is "the way" things are done with MP3 shares online. When somebody has MP3 shares they don't want to be indexed by search engines or immediately obvious to the passer-by, he'll put a password of 'mp3' on it. That doesn't mean he's attempting to restrict access; he *wants* the share to be open to the general public. This crucial difference in intent means that, legally, the resource is no longer private. Hence it's not "cracking" to try to gain access by using a password of 'mp3'. It's the Way Things Are Done.

      Another thing everyone is forgetting is you have no idea what MP3's are legal or illegal without knowing what CD's or Tapes that person owns.

      It doesn't matter. To my knowledge, it's not the possession of the MP3's that's illegal; it's the illegal distribution.

      MP3 transer also isn't illegal if the recipient keeps it for under 24 hours. Its called fair use.

      Would you mind rephrasing that? Surely you don't mean that somebody can download a CD, rip it to MP3, and then pass that MP3 out to all of their friends (or post it on a public web page/share) so long as it all occurs within a 24-hour window...? Where the hell did you hear this? This is flat out wrong. Illegal distribution is illegal distribution. "Fair use" doesn't come into play here in the least. I suggest you consult a lawyer before you start spouting out legal terms without any idea as to how they apply to a given situation.

    31. Re:Yes, it's their network...BUT... by gargle · · Score: 1

      Well so if someone protects his server with a password of 'passowrd', does that mean that I can legally access his computer?
      The law is clear on this -- the difficulty of guessing a password has no bearing on the legality of hacking into someone else's computer.

    32. Re:Yes, it's their network...BUT... by Fastolfe · · Score: 2

      Look. I'm not saying that because the password was easy to guess it's OK to break in. What I'm saying is that people do not use a password of 'mp3' in an effort to restrict access to the share. Most MP3 shares that I come across that have passwords use the password 'mp3'. They don't do this because they're dumb; they're doing it because they WANT the general public to be able to access the share, while at the same time they can keep out things like automated spiders.

      For this reason (intent), these shares are not "private" resources. The owner of the share is either publishing the password in a README or he's using a known, public password specifically so the public can get access.

    33. Re:Yes, it's their network...BUT... by Fastolfe · · Score: 2

      Where do you stop?

      When it ceases to be obvious.

      If 'mp3' or 'guest' doesn't work, it's not obvious in my opinion. Either of these passwords is very common in the world of MP3 trading, and if I were the one doing the searches, I would try 'mp3', then 'guest', then I'd stop.

      Think about this for a minute. If all someone has to do to avoid being identified (through legal process) as an MP3 distributor is place a 'mp3' password on their share, that's like giving them free reign to break the law. It's common knowledge that 'mp3' opens MP3 shares. It doesn't make sense to award shares set up in this fashion any more degree of protection or privacy than other public (but non-passworded) shares.

    34. Re:Yes, it's their network...BUT... by GPFCharlie · · Score: 1
      As a recently graduated student of CMU and a former member of both the Student Government and an employee of the Computing Services division, I can tell you the following things:

      1. CMU, as a private university, has reserved the right to enter and inspect your dorm room, your computer, or any of your possessions if university public safety officials or officers believe a violation of university policy is occuring (or something like that).

      2. This was NOT a random search. The Computing Services division looked for the students' computers with the highest traffic on the dorm net and targeted them specifically.

      3. Most of the times the MP3 files were publicly available, or had a README which said "Password to muzak is 'mp3rockz!' or something like that. Most students had been lulled into not bothering to password protect their shares.

      4. As a student, you could find a bunch of MP3s with just the passwords "mp3" "music", or something else blatantly obvious.

      5. CMU students have a knack for complaining loudly about something for about 2 weeks, then stop caring (usually because a project or final is due). :)

      6. This was not using administrative shares, just publicly available ones.

      7. IMHO, this had to come eventually. CMU students in general are very complacent about MP3s and copyright violation. Mind you, I think the RIAA is fighting a losing battle (mp3.lycos.com comes to mind), but the students were definitely violating copyright law. And it's not up to the university to warn students before instituting punishment, students should be well aware that they are breaking the law. (Of course, technically I can't use the acronym CMU, it's been trademarked by Central Michigan University, forcing Carnegie Mellon to drop it from all their apparel and logos. :)

      8. The end result? Students will password protect their MP3 files, and you'll have to know someone who knows someone to get the password anymore. As always, the strong survive, the weak are weeded out. :)

      --
      Somedays it's just not worth chewing through the restraints...
    35. Re:Yes, it's their network...BUT... by gad_zuki! · · Score: 2

      Just like software, under fair use you can have a 24 hour evaluation period of copywritten materials.

      Heh, you consult the lawyers and save me the $$$.

    36. Re:Yes, it's their network...BUT... by gargle · · Score: 1

      But how would they know that the password was mp3? By attempting to guess the password i.e. breaking into the computer! I can similarly argue that by using an obvious password like 'password', you're actually making your computer public -- this wouldn't hold up anywhere I know.

      If you read CMU's computing policy, it says very clearly that one may not attempt to access a computing resource unless it is made *explicitly* public, or that the the owner gives *express* permission. *Explicit* and *Express* permission -- these are the actual words used, and impose very stringent conditions that were not met here.

      My own University's computing code of conduct goes so far as to say that even if a computer is left unprotected (analogous to an unlocked door), it would still be a violation to attempt to access the computer. Clearly CMU's policy should be read in this spirit.

    37. Re:Yes, it's their network...BUT... by Fastolfe · · Score: 2

      But how would they know that the password was mp3? By attempting to guess the password

      Yep. Here, 'guess' is synonymous with 'try'.

      i.e. breaking into the computer!

      No. Since when is it considered 'breaking in' when you 'try' to turn the doorknob?

      If you set up some sort of marketing thing and have a web site that's password protected with a password like "money4you", and then proceed to parade that password across your superbowl commercials, in print, magazines, before movies, and every place you can think of with announcements saying, "Come visit our web site, enter the password 'money4you' on the correct page and get $50 off your next purchase!", are each of those people "breaking in" to the web site? They have to try ("guess") the password in order to see if it lets them in.

      If you read CMU's computing policy ... impose very stringent conditions that were not met here.

      CMU's computing policy is nothing more than a POLICY for its *STUDENTS*. This carries absolutely NO legal weight WHATSOEVER except in that it can be used as justification for CMU to use disciplinary action should those policies be violated by a student. CMU cannot be legally held to these posted guidelines, but their students can (since their contracts with CMU regarding things like computing and network resources point specifically to these policies as guidelines the student must abide by).

      What people seem to be objecting to is the *legal* ramifications of CMU's efforts. For that reason, you should be looking at the definitions as set forth in the laws themselves, not some stupid student policy set forth by the university. If you think CMU is evil because the university doesn't abide by the same rules they make their students abide by, fine, but that's another topic entirely.

    38. Re:Yes, it's their network...BUT... by gargle · · Score: 1

      Since when is it considered 'breaking in' when you 'try' to turn the doorknob?

      It is. Try trying the doorknob for a few classified military sites and see what happens. A hacking attempt does not have to be succesful to be one.

      And as I pointed out earlier, even if a computer is left unprotected, attempting to access a computer without the consent of the owner is still an intrusion.

      and every place you can think of with announcements saying, "Come visit our web site, enter the password 'money4you' on the correct page and get $50 off your next purchase!", are each of those people "breaking in" to the web site? They have to try ("guess") the password in order to see if it lets them in.

      This isn't analogous to the situation with CMU at all. In this case, viewers are explicitly invited to enter a particular password at a particular site.

      Although a password like 'mp3' may be commonplace, it is not on the level of an explicit invitation.

      CMU's computing policy is nothing more than a POLICY for its *STUDENTS*.

      No. Go read the computing policy:

      "Every member of Carnegie Mellon has two basic rights: privacy and a fair share of resources. It is unethical for any other person to violate these rights."

      What people seem to be objecting to is the *legal* ramifications of CMU's efforts

      No. It is a violation of their own computing policy, because the policy applies to all members of the CMU community. It's also probably in violation of a couple of state laws -- the students would be in a good position to sue.

      Purely legal ramifications aside, it's completely unacceptable conduct for an academic institution with CMU's reputation.


    39. Re:Yes, it's their network...BUT... by Fastolfe · · Score: 1

      And as I pointed out earlier, even if a computer is left unprotected, attempting to access a computer without the consent of the owner is still an intrusion.

      So is it then illegal to access public shares on a PC? You do not have the owner's explicit consent to do so, but by making the share public and/or advertising the share, the owner grants implicit permission for the general public to access it.

      An 'MP3' share with a password of 'mp3' is, in my book, implicit permission. This is how quite a lot of public MP3 resources are set up. If 'mp3' doesn't work as the password, move on. The owner probably doesn't want you in there.

      No. It is a violation of their own computing policy, because the policy applies to all members of the CMU community. It's also probably in violation of a couple of state laws -- the students would be in a good position to sue.

      The point I was trying to make was that CMU's posted policy has NO legal weight in this matter at all. It is totally irrelevant, except insofar as it can be used (as it is by you) to say CMU is a "bad" organization for not following its own posted guidelines. The only thing legally binding is the contract the students agreed to upon receiving their education/Internet access which, almost certainly, stated that the students would agree to follow CMU's posted guidelines.

      I won't get into an ethical/moral debate about CMU's actions. These are largely objective and opinionated. All I'm trying to say is that *legally, I can't see any way that they broke a law.

    40. Re:Yes, it's their network...BUT... by gargle · · Score: 1

      So is it then illegal to access public shares on a PC? You do not have the owner's explicit consent to do so, but by making the share public and/or advertising the share, the owner grants implicit permission for the general public to access it.

      Yes, if the intent of the owner was not to grant you permission to access his computer. e.g. Someone may have accidently turned on file sharing on his windows machine.

      An 'MP3' share with a password of 'mp3' is, in my book, implicit permission

      Implicit, but not explicit, as required by the CMU policy.

      The point I was trying to make was that CMU's posted policy has NO legal weight in this matter at all.

      Yes it does. The students affected would be in good position to take civil action against CMU. A case could even be made for criminal action.

      All I'm trying to say is that *legally, I can't see any way that they broke a law.

      Perhaps, but I don't see most posters here claiming that CMU broke the law. The ethical/moral side of this is as or more interesting than the legal side of the debate, and subjective discussion is what Slashdot is all about.


    41. Re:Yes, it's their network...BUT... by Anonymous Coward · · Score: 0
      1. Computers are not owned by CMU, housing is.

      2. You have no idea what you're talking about.

      3-8 are irrelevant.

  99. Re: Personal MP3 files (slightly off-topic) by for(;;); · · Score: 1

    But if you password-protected your MP3 files, the RIAA/judge/etc. would never learn of their existence. If they did, it would probably (although, I suppose, not quite axiomatically...) indicate less-than-totally-secure web design, which would make you liable anyway. I guess a snooping sysadmin would be an exception, but limited obfuscation would prevent the obvious 'find / -name "*.mp3"'. In any event, your liability would probably correspond closely with your competence in security/obscurity. This seems fair to me.
    Doctors amputate Turkish earthquake survivor's arm [This story contains video]

    --

    "Whatever happened to fair use?"
    -- Duff-Man
  100. Mod that guy up! by Sloppy · · Score: 1

    Make 'em fight copyright violators, not MP3 users.


    ---
    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  101. an addendum by Stradivarius · · Score: 2

    I forgot to mention:

    If you had a folder shared and they couldn't guess the password, if you said anywhere that you would give out the password upon request they killed your connectivity. Even if there was no copyright-infringing material there, but merely if it *seemed* that way! They simply assumed that there was if you said you would give out passwords like that. Of course no one would give passwords to Computing Services, so they couldn't check. For all the details check the Computing Services email message linked in my above post.

  102. I just hope.. by Wah · · Score: 2

    ..they cracked down on people letting others borrow their CD's. Using the Universities hallways to traffic in copyright material, for shame.

    --
    +&x
    1. Re:I just hope.. by Anonymous Coward · · Score: 0

      Borrowing CDs is not illegal usage of the CDs.

      You really need some remedial education. Please tell me you were just visiting your big brother's dormitory, and you six or seven years of school left before you're college ageds....

    2. Re:I just hope.. by Anonymous Coward · · Score: 0

      You obviously haven't seen a large university lately. At least that guy could form english sentances. He's probably high-honors material

    3. Re:I just hope.. by Wah · · Score: 2

      hmm.. I was comparing "borrowing" CD's from your friends with sharing copies of the digital signal on the CD's with the same closed group of people.

      I personally don't see anything wrong with MP3's until you burn 'em to a CD and sell them as your own. Up to that point you are using a transitory media, much too vulnerable to random corruption to warrant $1 a song pricing (especially using a windoze machine), which is more like listening to rebroadcasts on the radio than any other form of old media.

      I could go on, but I like eating lunch, so e-mail me if you want the full treatise.

      And, um, yea, like I have, a, uh, cooledge degrea.

      --
      +&x
  103. here at this 15,000 bed school... by Anonymous Coward · · Score: 0

    i can see exactly where CMU is coming from - we run a large network here, and everyone gets a non-proxied static IP, so you can imagine the attempts we get... but we're a state school, and although the machines belong to the students, we own the network...

    so we keep a very close eye... its our policy *never* to snoop data, but we browse publicly to the extent that any student can, and that the RIAA can...

    honestly, we dont give two shits about porn, mp3's, or anything unless it overloads our network (and we have a whole different system to deal with folks running servers)...

    the probkem is the RIAA: those bastards browse our networks, and when they find something, we get a letter demanding the name and info of the student handed over for prosecution!

    the first time this happened, the letter made it to the president of the university... needless to say, he was 1/2 confused, 1/2 pissed...

    we will never hand over that kind of info to the RIAA without a subpeona, but we dont want to get the kids in trouble...

    so we make it very very clear that publicly sharing mp3's will get them in trouble, by having them sign stuff to get their account, and by shutting people off temporarily when we do find illegal stuff publicly shared, until they turn it off....

    thats the key - temporarily - we're pricks about protecting ourselves, but we're not mean... in that sense i think CMU went a bit too far... but i totally understand where they're coming from...

  104. Speeding is not a crime by UnknownSoldier · · Score: 1

    > everybody should be in jail for speeding

    Look, I travel WITHOUT
    a) a driver's license
    b) my car being registered with the government/state.
    and I have never got a ticket for driving without a license, or been given a ticket for speeding.

    How come?

    Because I'm exercising my Right To Travel.
    http://teaminfinity.com/~ralph/dl.html
    http://www.lvdi.net/~willys/travel.htm
    http://www.ironsoft.com/lp/driving.html
    http://aero.net/silver/Driving.htm

    I have an Internationals Drivers Permit.
    Also the state doesn't have the Manufacturer's Certificate of Origin for my car, so I am completely out of their jurisidiciton.

    http://www.geocities.com/CapitolHill/Senate/4417 /vehiclecertorig.html

    You might want to check FACTS before spewing myths.

    Cheers

  105. Re:One thing in particular *REALLY* bothers me her by Anonymous Coward · · Score: 0

    I can assure you, the CMU Network Admins did not need much "bullying" to start looking around. They love doing that kind of stuff. An excuse to be a little more harsh is all they needed.

  106. Re:What - MP3's aren't GPL'd by MaxVlast · · Score: 1

    What are you talking about? MP3 code is not the issue. Nobody was in trouble for distributing encoders or algorithms.

    The content is the issue. The fact is that songs are copyrighted, and it is illegal to spread them around.

    Of course, I have a few MP3s myself, and I don't like the state of copyright law (principally with regard to the RIAA), but it is the law, and that is what it comes down to.

    --
    Max V.

    --
    There should be a moratorium on the use of the apostrophe.
    Max V.
    NeXTMail/MIME Mail welcome
  107. CMU has a history of this. by Nuke+Skyjumper · · Score: 2

    Thought i'd mention that CMU has been doing this from time to time.
    I know several people who go there/have gone there, and have heard about their unofficial yearly student file check for illegal material. last year, there were quite a few software piracy busts. of course, this begs the question: "Is this a privacy violation?"

  108. Question of location by Mykul · · Score: 1

    Question: If my computer is connected to the college network, does that make my computer part of the network? Do the Admins have the right to look through my files if this is so?

    If this is true, then doesn't AOL or any other ISP have the right to look at your files since you are dialed in and connected to their network?

    I agree that if the mp3's were stored on the college's servers, then yea, they should be punished, but if the files were on personal computers, (located ON the campus, but in private rooms), shouldn't they have required some sort of permission to get to them?



    "Why does every question lead to another question?"

    1. Re:Question of location by TeddyR · · Score: 1

      Depends on your agreement. I know of a local .edu which has anyone who gets a "dorm" connection sign a contract that states that by connecting to the school network, they are granting the university {and the University police dept} full access to the machine to make sure no laws are being broken... Your choice is either to accept and get the "fast free" access, or, pay $50.00/month and get a cable modem {which is faster than the .edu connection anyways}

      --

      --
      Time is on my side
  109. Re:Illegal search and seizure? A sysadmin's POV by pwhysall · · Score: 1

    I'm network admin (among other things) for a small part of a big company - I manage some 150 computers, with 120 programmers and 30 clerical staff.

    Many of the people have internet access, and I have one rule - if it's illegal, it's intolerable. I won't even let you use my wires to download it then transfer it to a CD, or your own laptop. No funny business on my wires/disks, full stop.

    However, I won't investigate your own, personal laptop. I will insist you install my antivirus software before you connect it to my network, but I won't poke around.

    Machines owned by the company are an open book to me. Nothing illegal or unlicenced is allowed. Full stop. Because I'm liable.

    If CMU investigated machines that were the private property of students, that's wrong; in that case, you've got to catch them in the act via a packet sniffer or something. However, if the files were resident on hard disks bought and paid for by CMU, then they had every right to investigate the legality of those files. Of course, it doesn't hurt to have a quiet word with the individuals concerned, instead of going in guns blazing...
    --

    --
    Peter
  110. mp3s by Hard_Code · · Score: 3

    I have a question...is it illegal to simply make MP3s of CDs I OWN and keep and don't distribute?

    If not, can I be arrested by hanging my CDs on my front porch if somebody then takes them and copies them? Um, shouldn't it be THEM that get in trouble?

    This is going a bit far. Really, I think RIAA and software companies use the "warez"-scare just to inflate their prices ("our product is so expensive because bad people are copying and not paying for it").

    --

    It's 10 PM. Do you know if you're un-American?
    1. Re:mp3s by Anonymous Coward · · Score: 0

      > is it illegal to simply make MP3s of CDs I OWN and keep and don't distribute?

      Not yet. The record companies would like it to be. This is the same issue with DVD encryption by the way.

      What would be recognized as illegal would be encoding your CD into MP3 files, and then letting your wife listen to the CD in the car while you play it at home on the computer.

  111. Wow! I didn't know RIAA could order search/seizure by Anonymous Coward · · Score: 0

    The 4th branch of gov't! No pesky warrants needed! Just barge in and pillage and loot student's hardware. Who is the real pirate (in the true sense of the word)?

  112. OUTRAGED! by jyak · · Score: 1

    i cant beleive what i am hearing here. so is everyone saying that they are perfect and never did any illegal or copy any software or burn cd's illegally. what happened to those students is part of university life (for any that experienced it) and shouldn't be punished so harsh. so what if some students shared some songs so others at the university could access it. most students at college are broke cause of costs. what about the mp3 search engines that look for songs on ftp sites and people grab the song of their choice?!?!?! are they gong to crack down and sue everyone.

  113. How is this illegal? by Anonymous Coward · · Score: 0

    Say I set up a password protected network share of my legally encoded mp3 files so that I can listen to them anywhere on campus. Exactly how is this any different from physically carrying those cds to my friend's room?

  114. Your desired future won't work by Sloppy · · Score: 1

    Why do so many here support *Free* software and yet cling so hard to copyright?

    Because we have to get paid for work. When my landlord joins your commie agenda and lets me live there for free, when the grocery store gives me free food, and when the gas station gives me free fuel, then maybe you can have my work for free. Until then, though, my employer's software comes with a license saying you can't spread it around. Violations of such a license is theft and it hurts people.

    Information should be free people, that's what we fought Microsoft for!

    Wrong. Free software is about not being held hostage to someone else's maintenance whims; it's not about getting something for nothing. There are plenty of reasons for fighting Microsoft, but the fact that they charge money for their products is not one of them.

    I am disappointed that CMU is turning out people with such a basic lack of understanding when it comes to economics and ethical fairness.


    ---
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    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  115. Re:Some were legal! by Anonymous Coward · · Score: 0
    Actually, it was about that crude or even cruder. In some cases it was just, it looks like a share the could have mp3's (ie named mp3) and it's passworded so it must be bad.

    In fact there is at least one case were all the files a person were sharing were legal MP3's but still was disconnected. He later had his connection restored but he was still punished for two days.

    Notice this means you can be punished even if you did nothing wrong.

  116. Bwahahaha by crayz · · Score: 1

    I can't believe this was moderated up.

    For the first time a machine has passed the Turing test maybe?

    http://www-csag.cs.uiuc.edu/individual/pakin/com plaint

    Make your own complaints, get points!

    1. Re:Bwahahaha by MattXVI · · Score: 1
      For the first time a machine has passed the Turing test maybe?

      I think it says more about the quality of typical slashdot rants than it does about the quality of the complaint generator! If only we could modify it to include a few nasty jibes at JC Dvorak, J Katz, Microsoft, or US encryption export policy. Then we'd have an automated slashdot.

      --
      When I'm singing a ballad and a pair of underwear lands on my head, I hate that. It really kills the mood.
      -Tom Jones
  117. Ask Mitnick -- those admins risk jail time! by Nicolas+MONNET · · Score: 1

    By guessing passwords (even if they were easy ones), they were not observing their own privacy statements.

    Not only were'nt they observing their privacy statement, they were certainly infringing computer crime laws. Makes me wonder, what's the difference between what they did and the reason why Mitnick was jailed???

    Plus, they have no valid reason to do so; they could always have ASKED for the passwords first. And isn't the police, for instance, required to have a valid injunction to do that kind of thing? Hm ....

    1. Re:Ask Mitnick -- those admins risk jail time! by MaxVlast · · Score: 1

      Plus, they have no valid reason to do so; they could always have ASKED for the passwords first. And isn't the
      police, for instance, required to have a valid injunction to do that kind of thing? Hm ....

      ----------

      True. But the police are the police, and the university administration is a private entity. Students sign away the majority of their rights when the arrive. There really isn't much that the administration can't do.

      I am no great fan of the CMU administration, but they really did handle this one pretty well.

      --
      Max V.

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
    2. Re:Ask Mitnick -- those admins risk jail time! by Steve+B · · Score: 1
      But the police are the police, and the university administration is a private entity. Students sign away the majority of their rights when the arrive.

      If the students signed a contract that says they have to provide the passwords to their private systems, then there would have been no need for the sysadmins to guess. If not, then the ease of guessing passwords is irrelevant -- while legions of 3133+ hacquer d00dz would cry "KEWL!" if told that it's legal to go anywhere you can guess the password, it just ain't so in reality.
      /.

      --
      /. If the government wants us to respect the law, it should set a better example.
    3. Re:Ask Mitnick -- those admins risk jail time! by MaxVlast · · Score: 1

      I agree with you. The line that was crossed is that Computing Services did not--in advance--tell students that easily-guessed passwords were equivalent to no passwords. They shouldn't have guessed passwords without telling anyone that they would do so.

      --
      Max V.

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
    4. Re:Ask Mitnick -- those admins risk jail time! by Anonymous Coward · · Score: 0
      Well, now that we've thrown away all our rights by deciding to go to school at CMU, when is Student Affairs going to start searching everyone for drugs at gunpoint?

      Again, nobody is saying that publicly sharing copyrighted work is good. That doesn't mean CMU should break the law or risk getting themselves sued trying to catch people.

    5. Re:Ask Mitnick -- those admins risk jail time! by MaxVlast · · Score: 1

      I agree that breaking the law and getting sued are bad. And I'm not standing up for the administration blindly. In fact, just about everything they do is stupid or otherwise fundamentally flawed.

      But, I do see how the threat of a lawsuit from the RIAA was more than enough impetus to send them out looking for MP3s. They were a little overzealous, though, and guessing passwords--imho--crossed the line. That doesn't seem that unreasonable.

      --
      Max V.

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
    6. Re:Ask Mitnick -- those admins risk jail time! by mpe · · Score: 1

      Students sign away the majority of their rights when the arrive. There really isn't much that the administration can't do.

      This begs the question of exactly which rights a person can and can't "sign away". (As well as exactly who they can and can't sign them away to.)

      It's entirely possible that a proportion of this "signing away" is completly bogus.

      Being able to comit a criminal offence against someone is likely to be in the catagory of any "signing away" isn't worth the paper it's printed on.

  118. OH, GET REAL! by Thag · · Score: 1

    What, so "if you can pry it loose it's not nailed down?"

    If I leave a key under my doormat you're allowed to break into my house?

    If my car isn't locked I wanted you to take it?

    His point is completely valid. I'm not defending .MP3 pirates, if they were truly running a public site they knew what they were doing was wrong. HOWEVER, I could easily see someone making the read-only password for their own .MP3 directory "MP3" so they could remember it more easily. The fact that a password isn't a good one does not make it legal to break in.

    Moreover, it isn't illegal to rip your own CDs onto MP3. It is only illegal to distribute them to other people who don't own the CD. If CMU was going to play copyright cop, it was their responsibility to monitor sites and record proof of illegal activity before taking action. Instead, they violated the privacy of the students without any real proof of wrongdoing apart from rumor and supposition.

    Frankly, I think CMU was really stupid to agree to take responsibility for the contents of all the machines attached to the campus network. Thay don't control those machines, and in most cases can't monitor their contents. Now they're more liable to be sued successfully than before.

    Jon Acheson

    --
    All opinions expressed herein are my own, and not those of my employers, who are appalled.
    1. Re:OH, GET REAL! by Weezul · · Score: 2

      His point is completely valid. I'm not defending .MP3 pirates, if they were truly running a public site they knew what they were doing was wrong. HOWEVER, I could easily see someone making the read-only password for their own .MP3 directory "MP3" so they could remember it more easily. The fact that a password isn't a good one does not make it legal to break in.

      I agree totally and I would suspect that the courts would see it this way too, but I would like to hear from someone with some legal credentials.

      So what can these people do about it? Can they sue or prosecute CMU for hacking into their systems? How dose one go about prosecuting these sorts of hacking attempts?

      Also, is there anything we can do to encurage the victimised students to prosecute CMU? Or are there web sites to report hacking attempts to the athorities that will at least make life difficult for the people at CMU while they are investigated?

      One last question.. Can someone post more information or links regarding the specifics of these hack attempts? Like maybe the names of the hackers, i.e. CMU IT personel who ran the passxword cracking program.

      Jeff

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    2. Re:OH, GET REAL! by Anonymous Coward · · Score: 0

      They could file a complaint with the FBI or file some sort of civil action. While 'artificial property' is a bit of a grey area, 'cracking' is most definitively considered tresspassing and IS a federal felony. The Uni is responsible for any damages as it was their employee indulging in these practices.

      Once they cross the boundary between their network and their machines and start tresspassing into student's machines, the situation changes dramatically.

  119. What About your right to vote? by Anonymous Coward · · Score: 0

    Or your right to move to another town without having to register. CMU was probably trying to protect their students. The RIAA tells them "do something about these MP3's or we will". Of course they'd like CMU to police since they don't have the manpower, but I'm sure the RIAA would be more than happy to charge a few students(not the university) in a fictional 'piracy ring' just to set an example. Now you've got these 19 year old kids with a criminal record. You think the RIAA would care? Think it would deter some people from posting MP3s? In all likelyhood these are CS students, and now every time they apply for a job they not only have to check the "ever been convicted of a felony?" box, but have to explain that the felony was piracy. You think a tech company is going to like that? Think they're going to give the applicant a chance to explain? So now at the age of nineteen, a kid gets blackballed from the career in the computer industry or a chance of getting gov't clearance because he posted LIMP BIZKIT on his homepage. Horrible Horrible CMU!

  120. Re:No, use common sense. by dothead · · Score: 1

    Record companies asked for it. Not only do they pressure bands to put out sub par records but they charge more for CD's when CD's cost less to make than tapes. If CD prices cost the same as tapes(they'd still be making more off CD's than tapes) I'd consider buying them but right now, they screw me I screw them. I'd rather send a donation to the band. Even if we blame the band for having one good song and 10 crappy ones on an album we can still blame the record company for not selling that 1 good song by itself for a couple of bucks. Distribution woes still falls squarely on the record company. BTW I find it odd that the music, movie and software industries whine so much about piracy when they have some of the largest profit margins of any industry.

  121. *sigh* by jtraub · · Score: 1

    I'm almost ashamed to admit that I'm an alumnus of CMU here, but...

    I think they did the right thing. While a large number of people seem to be up in arms over the fact that the admin broke 'their own code of ethics', I don't think it's as cut and dried as that.

    Nearly anyone who has browsed the net has occasionally run into sites that list MP3 sites.
    Nearly all of those are ftp sites with user mp3 and password mp3 and allow you access to those collections (or portions of them, etc).

    *IF* (and I say if, because I don't know the details), that was the 'simple password' that CMU's administration tried, then I would side with what I percieve as the administrations view that that password was not there to discourage public consumption of those resources, but merely to pay lip service to an agreement that the student wasn't really paying any attention to in the first place.

    Given the text of the administrations letter (which some other poster linked to), I'd say my impression above is probably pretty accurate.

    --
    --JT
  122. Re:Illegal search and seizure? A sysadmin's POV by Anonymous Coward · · Score: 0

    What in the world is your "full stop" nonsense?

    And "your virus checker?" Is this a virus checker you coded yourself?
    Or just some off-the-shelf product that you're calling your own?

    Big deal. You run a network. You're not some god of IT. You're a suit.

    That's nothing to be cocking your eyebrows about, hitching up your pants about, and pretending like you're speaking the law of the land.

  123. Your own dumb fault by ajlitt · · Score: 1

    As a sysadmin for Univ. of Texas' Electrical Engineering department, I have to say that it serves them right. Our university computer services agreement says, more or less, that any use of unlicensed copyrighted material on university computers is unlawful and that the university reserves the right to put the smack down. In addition, the policy for our labs, which users sign when receiving accounts, states that our computers are to be used primarily for educational use.

    Why be a hardass? Because these policies require me, as an admin, to uphold our end of these agreements. We run the possibility of being the unlucky winners of a software audit if someone higher up believes that we're not in compliance. This is just as painful as the IRS equivalent. As a result, we have sent students to SJS (the UT system's Council of Doom) for trial for doing these fool things.

    I admit, I have my collection of MP3s. But I don't draw attention to the fact by serving them publicly and I definitely don't keep them on the University's network.

  124. Get over it by the_tsi · · Score: 2

    I'm sick of the posts that go something like "CMU was violating their rights" or "the RIAA put them up to it." Get over it, folks.

    Network access in your dorm isn't a right---it's a privelidge. At virtually every university with dorm network access, in order to gain access you must sign a "contract" or at least agree to some sort of AUP. Pirating software (music included) is definate breaching of that AUP/contract. You pay the price. Period. It's a shame those kids didn't get reported to the RIAA or law enforcement. The problem is that large private universities want to avoid bad press in any way possible; "there certainly aren't any illegal activities going on at OUR campus... look over THERE!" say school officials.

    I digress. There are RULES. The rules are there for a reason. You may disagree with the reason, but you still have to follow them or you pay the price. If you don't like the rules, talk to the people who make them. If you talk in large enough numbers, things change. That's how America works. Last I checked, CMU was in America.

    (And don't even get started with the "well, people are going to pirate mp3's anyway, why should the school stop them?" because it's NOT the university's decision whether it's illegal or not; it's the federal government. Universities stop underage drinking on campus, stopping pirating is the same thing.)

    -Chris

    1. Re:Get over it by twixel · · Score: 1

      Network access is a right if you pay for it. Those students paid for it.


      It's like your ISP deciding to view what kind of servers their customers have running and what files are accessible.

      Or your landlord insisting that the only internet access your apartment is going to get goes through his Cybernanny-firewall at $100/month. No telephone lines, no DSL or cable modems allowed.



  125. Napster (was Re:Network Access Revocation) by shepard · · Score: 1

    Funny, just ran into this program a few days ago. Napster is at (http://www.napster.com/). You point it at your mp3 repository and it registers that with all of the other users that are online.

  126. Do you really? by Anonymous Coward · · Score: 0
    First, you don't get to make the rules. If it is illegal, it is illegal, and you are a criminal. Second, I'm guessing that you are also a hypocrite. Do you actually do what you imply? (1) How many illegal recordings do you own? (2) And for how many of them have you actually sent $10 or $15 to the artists? I'll bet the answers are (1) more than 10, and (2) zero. If I'm right, your note is just self serving crap.

    My apologies to any who interpret this as an ad hominem attack. I'm trying to attack the behavior, not the person.

    1. Re:Do you really? by set · · Score: 1

      (1) How many illegal recordings do you own? zero
      (2) And for how many of them have you actually sent $10 or $15 to the artists?
      All of them, considering I know most of them personally.

      Your hasty accusations made you the fool here.

  127. Students rights? What about the authors rights?? by Anonymous Coward · · Score: 0

    is this an invasion of the students privacy/rights?

    What about the copyright holders rights? They made an effort to create intellectual property, these students blatantly steal it, and we harp on the criminals rights?

    While I agree that criminals rights are extremely important, I think we should look at the victims rights too!

    -F

  128. Ironic, CMU makes money off of MP3 bootlegs by Anonymous Coward · · Score: 0

    Since CMU developed LYCOS, and still receives licensing fees from them, they indirectly make money off the bootleg MP3 sites by LYCOS hosting one of the premiere MP3 search engines and selling ads on it.

    In fact, I wouldn't be surprised if this was a way that CMU/Lycos could appease the music industry by pointing out that they are taking a hard line against MP3 copyright violators under their control.

  129. 'Luggable' MP3's. by Anonymous Coward · · Score: 0

    Lowend IDE CDROM burners are CHEAP these days.

    If you really want to be able to exploit your mp3's for personal use anywhere in the world, whynot just burn them to disc?

    It certainly beats hauling around 7-10 times as many discs and potentially loosing the originals.

  130. this WAS an invasion of privacy for some by Anonymous Coward · · Score: 0

    For those who are wondering, some of the students who were caught were running servers on Network Neighborhood, and some of them had the directories with MP3's password protected. So while it would have been agenst the rules for another student to access them without permission, staff who were checking Network Neighborhood went into them.

  131. But officer... it's true!!! by Anonymous Coward · · Score: 0

    Yea sure. You try explaining how state law doesn't apply to you.

    1:The officer won't care - I'd be willing to bet you won't be ticketed, you'll be arrested too. (I'd bet you're one of those morons who doesn't have insurance either, eh?)

    2:The judge won't care how many URLS you throw at him, he'll throw several different law books back at you and your lawyer (and remember, "The lawyer who represents himself has a fool for a client").

    3:The big guy named bubba you share your cell with won't care - he'll just thank you nightly for not paying your stupid car tabs.

    Get real - you're violating state law in all 50 states. Just because you can find a frigging URL that says otherwise means nothing.

    1. Re:But officer... it's true!!! by Kintanon · · Score: 2

      Yea sure. You try explaining how state law doesn't apply to you.

      1:The officer won't care - I'd be willing to bet you won't be ticketed, you'll be arrested too. (I'd bet you're one of those morons who doesn't have insurance either, eh?)

      2:The judge won't care how many URLS you throw at him, he'll throw several different law books back at you and your lawyer (and remember, "The lawyer who represents himself has a fool for a client").

      3:The big guy named bubba you share your cell with won't care - he'll just thank you nightly for not paying your stupid car tabs.

      Get real - you're violating state law in all 50 states. Just because you can find a frigging URL that says otherwise means nothing.


      Ooooh, look who didn't do his research and is spouting off without any knowledge whatsoever. The URLs that Soldier listed are the URLs that lead to researched and proven legal precedent for lving in the US without any kind of state/federal registration. He's perfectly within EVERY law in EVERY state because the state laws don't apply to him in these specific cases because he has placed himself under the jurisdiction of a higher law which over rules those (more or less). There is no law which states you must specifically have a US drivers license to drive a car in the US.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
  132. illegal? who says? what if they were legal? by Anonymous Coward · · Score: 0
    I've got stacks of mp3s on my hard drive. They're legal (er... mostly). The vast majority (ok, ok, maybe a few arent) are either taken from CDs that I own, or made by me (I'm a digital musician).

    someone sees a gig or so in my /mp3/ directory and busts my arse...

    ...did they bother checking whether I owned the CDs from which the mp3s came from? for every mp3 on there? I think not. They see mp3, they see illegal.

    The RIAA's spreading of the idea "mp3 == illegal" is sheer FUD and must be stopped, there is nothing inherently illegal about the compression and file format, for fucks sake.

  133. a sad day in warez heaven by nealrs · · Score: 1

    i must say that im rather disturbed, yet nor surprised at this occurance. as a frequent user of the cmu network myself, i made use of these servers and downloaded my share of music and games.. files and movies. it was all kind of open. The funny thing is, this is DURING the school year. During the summer when all the precollege and governors school's kids come in, there is rampant piracy. All my friends shared their mp3's, movies and warez. It was just the thing to do. CMU IT has previously deactivated student accounts for such conduct but not to this measure. I think that while this IS wrong, it should not have led to the actions taken by the administration. I mean, sure ive been bad, i downloaded, but that doesent mean i did it with malicous intent to harm someones elses profits. -neal. nshyam@choate.edu

  134. Sadly self serving, sophomoric slashdotters by Anonymous Coward · · Score: 0
    There are two separate issues here.

    1. CMU apparently went awfully far to enforce the law. IANAL, but I'm guessing they went too far. I recall a case in the mid '70's where the PA Supreme Court threw out a defiant trespass case against some antiFBI protestors at Muhlenberg College. Their legal case was based largely on old "company town" law originally written to limit the power of employers like coal mines who owned the homes, stores, etc., where their employees lived.

    2. These students are almost certainly criminals who stole and/or knowingly owned, used, and distributed stolen material.

    Many of the comments here complain correctly and vehemently, if often ignorantly, about the first issue. But only a few acknowledge the second. Why don't I see posts describing slashdotter's condemnation of theft? Why do I read posts about how to get around efforts like CMU's instead of what CMU can do legitimately to prevent criminal activity on its network? Why don't I read about what slashdotters can to themselves to reduce this criminal behavior? Why do I feel I have to post this anonymously? Frankly, it's more than depressing.

  135. Look, moron. by Benjamin+Shniper · · Score: 1

    I know you don't quite grasp what I'm trying to say, so I'll make it easy for you: Copyright law is not the ideal way to run a society, especially one in which the students are bled for all their money like in CMU. There were very very few people there who had enough money left over (after financial aid determined how poor you should be) to buy CDs. And forget $50 for a game when you could eat for two weeks or not. You obviously have no clue what you are suggesting; in fact people simply couldn't work full time and go to college; because the classes were pretty darn tough. I saw people try to work full time at CMU - and go crazy doing it (if they weren't crazy to begin with.) So don't lecture me on being utopian!

    You do what you need to do, so stealing and borrowing entertainment was a necessity. I've graduated - I don't go downloading WaRez now; I've got plenty of money to go to buy tunes for my car cd if I wish. But back then, you could forget it. And people in such a poverty position, many who couldn't find the time or transportation to go to a CD store (the nearest Sam Goody is 3 miles away) won't bother. And since few had cars, but most spent all their time on computers, downloading MP3s was pretty darn natural.

    That's how it was.

    You can take your idiotic "morality" and stuff it up your you know what. It's like saying to people marooned on a desert island that it's wrong to not do their taxes!

    Oh and one more thing; for better or worse, the free software movement is about freedom, licensing, intellectual property, and copyright issues. So my landlord gets paid, but I know in my heart the direction society needs to be going.

    -Benjamin Shniper

    1. Re:Look, moron. by Sloppy · · Score: 1

      I can almost picture Sally Struthers on TV, telling me that for just 25 cents a day, I can help out some poor starving third-world CMU student. The though of some poor lil' kid not getting get enough financial aid to be able to buy Quake and a Weird Al CD is almost enough to move me to tears. I now see how heartless I was to suggest that these impoverished people don't have the right to steal what they so desperately need in order to live.

      Actually, the above sarcasm aside, I wonder how the hell people managed to cope with their lives before personal computers (along with the games and MP3s) came long to relieve the hours of tedium. They probably had to hang out with girls and get laid, or something.


      ---
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    2. Re:Look, moron. by Anonymous Coward · · Score: 0

      I can almost picture Sally Struthers on TV, telling me that for just 25 cents a day, I can help out some poor starving third-world CMU student. The though of some poor lil' kid not getting get enough financial aid to be able to buy Quake and a Weird Al CD is almost enough to move me to tears. I now see how heartless I was to suggest that these impoverished people don't have the right to steal what they so desperately need in order to live.

      Actually, the above sarcasm aside, I wonder how the hell people managed to cope with their lives before personal computers (along with the games and MP3s) came long to relieve the hours of tedium. They probably had to hang out with girls and get laid, or something.

      When it comes down to it, all religious garbage aside, a society where people play Quake for fun rather than have sex for fun (you don't plan to reproduce, don't do it!) is probably healthier...

    3. Re:Look, moron. by Sloppy · · Score: 1

      Point taken, AC. And I forgot another thing that pre-computer age people do for fun: get drunk, or worse. (Drifting back into memories.... I member a girl I once knew who went off to Vassar. She told me that there wasn't enything to do there except get high. Yes, I would rather she had played video games instead, even if she had to pirate 'em.)

      Ok, so I guess the guy who called me a moron won a point on that round. I'm still tickled that he compares CMU students to people stranded on a deserted island, though. If you already have a computer, then the only entertainment software you need is GCC! :-) Start hackin'!


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      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  136. Re:No, use common sense. by Anonymous Coward · · Score: 0

    Sounds like a pimply-faced kid rationalizing why it's okay for him to steal.

  137. Computer Piracy by Luke+B.+Bishop · · Score: 1
    People pirate my stuff all the time (whatever I don't outright release as opensource freeware anyways). Do I mind? Officially, yes. It is annoying, but it's a fact of life. Most of the really popular PC games got that way through piracy. You think that DOOM would be anywhere near as popular without rampant piracy?

    While many people cite piracy as a "loss of revenue" situation, it very often ends up being free marketing.

    Just wanted to point out that not all software developers terribly mind.

    On the other hand, if a corporation decided to rip me off, THAT I would mind a LOT. But personal use hurts very few people. Mind you, maybe I'm just biased, working for a cool company that likes releasing stuff "free for personal use".

    --
    -- For large values of one, one equals two, for small values of two.
  138. Re:Illegal search and seizure? A sysadmin's POV by Anonymous Coward · · Score: 0

    I would try this but they have explicitly outlawed any kind of packet sniffer on the dorm connections... No hubs, no sniffers, etc....

    Of course enforcing this gets hard...so I'm not too worried.

  139. Typical College Attitude by hpclumpy · · Score: 1

    Let's see.... My MP3 player (a linux box stuffed in a cd-player case with a lcd display and I.R. remote control interface) that has a network card so I can upload my own personal music to it so I can listen to it (Upload via FTP) would be a violation?? By their definitions this would be the case! I think those students need to hire lawyers and sue the hell out of the university for invasion of privacy, hacking their computer, and punishment for no reason.(YES no reason at all!) Let's see those hacking laws applied evenly or let's throw them out! (HA!)

  140. How about this.. by Inoshiro · · Score: 1

    I'm a fan of Nine Inch Nails, and Trent's latest release ("The Fragile") is a two CD set. I was able to pick this up for 22$ Canadian (multiplied by .67, puts it just shy of 15$ US).

    That's not too bad. Now, for whatever band put out that "Hey now, you're an All Star" song (20 s of it is interesting in the same way a wav clip from the Simpsons is interesting, otherwise it SUCKS) probably has a padded CD that I'd not touch (not that I buy many CDs ;-).

    The thing is, since about 1994, the record industry has been focusing on One Hit Wonders, instead of REAL bands that do real music. Most of what they produce is formulaic, at best. See: NSync and Backstreet boys (I can't hear a difference). Heh, in the interview with Trent (archived at www.nineinchnails.net), he talks about people asking him for a release because music in the latter half of the 90s SUCKED! (It mostly does).

    Basically: I support MP3ing the one song those one hit wonders make because you'll probably only like it a little bit, and probably not listen to it after a year. As for real bands, buy their CDs, encode them, and preserve them. Those CDs are easy to scratch, and might be worth something someday.

    As a side note, one thing I really hate is when companies will promote one song on a CD from a good band (selling them using the One Hit Wonder formula). Sure, Blackhole Sun, Barbie Girl, and We're In This Together are good, but let the CD stand on its own. Play more than the one song, damnit :-) (But this would let people decide if they liked the CD before buying, which is a no-no.)
    ---

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    --
    Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
    1. Re:How about this.. by Raelin · · Score: 1

      I take offense at that! Superunknown is an awesome album! I've worn two copies of the CD out since I first picked it up. Soundgarden isn't a one hit wonder. Though, what you do say otherwise rings fairly true. (Just can't have you ripping on Chris Cornell and gang. (Even if they broke up)) (They're the people who sing Blackhole Sun.

      --
      Blah I can't get my sig to work, it won't fit.
    2. Re:How about this.. by Inoshiro · · Score: 1

      I *LOVE* Soundgarden! I've personally gone through two tapes and a CD of Superunknown before I MP3ed them :-)

      "Sure, Blackhole Sun, Barbie Girl, and We're In This Together are good, but let the CD stand on its own. Play more than the one song, damnit :-)"

      This is meant to imply that they should not be hyping *GOOD* bands the same way they hype one hit wonders (Nine Inch Nails, Soungarden are not one hit wonders, and Aqua's Aquarium is a good CD)

      What I'd like to get my hands on are some "demo" MP3s of Chris' new work (so I can see if the CD is worth it).
      ---

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      --
      Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
  141. MP3 Commentary by Anonymous Coward · · Score: 0

    The Vermillion Fruit: Textual semiotic theory and MP3's
    Rudolf Long
    Department of Future Studies, University of California
    Wilhelm S. W. Ashwander
    Department of Ontology, Miskatonic University, Arkham, Mass.
    1. Textual semiotic theory and MP3
    In the works of Rushdie, a predominant concept is the distinction between feminine and masculine. The characteristic theme of Ardois-Bonnot's[1] critique of MP3 is the role of the observer as writer.
    "Society is fundamentally responsible for militarist ideology," says Sontag. The subject is contextualised into a dialectic Marxism that includes sexuality as a reality. Therefore, the primary theme of Wilson's[2] model of dialectic Marxism is not, in fact, deconstruction, but neodeconstruction.
    "Society is impossible," says Baudrillard; however, according to la Tournier[3] , it is not so much society that is impossible, but rather the failure of society. Any number of theories concerning MP3 exist. In The Name of the Rose, Eco reiterates textual semiotic theory; in Foucault's Pendulum, however, Eco reiterates the cultural paradigm of expression. But Bataille uses the term 'textual semiotic theory' to denote a postcultural paradox.
    The premise of dialectic Marxism implies that consensus must come from the masses, given that textual semiotic theory is valid.
    In a sense, Faustroll[4] holds that we have to choose between capitalist nihilism and Marxist capitalism. Derrida suggests the use of MP3 to transgress the boundaries of reality. However, the subject is interpolated into a textual semiotic theory that includes language as a whole. The main theme of the works of Eco is the difference between narrativity and society. The within/without distinction which is a central theme of The Name of the Rose is also evident in The Name of the Rose. However, Mensonge uses the term 'subsemioticist dialectic theory' to denote the dialectic, and subsequent futility, of precapitalist sexual identity.
    The subject is contextualised into a dialectic Marxism that includes consciousness as a totality. It could be said that many situationisms concerning textual semiotic theory may be discovered.
    Lacan uses the term 'MP3' to denote not, in fact, discourse, but neodiscourse. Therefore, Habermas's critique of dialectic Marxism states that class has significance. Hatchjaw[5] implies that we have to choose between postmodern narrative and textual semiotic theory.
    2. Eco and Adornian aesthetics
    If one examines textual semiotic theory, one is faced with a choice: either accept dialectic Marxism or conclude that the significance of the artist is deconstruction. Saussure promotes the use of textual semiotic theory to challenge class divisions.
    In the works of Eco, a predominant concept is the distinction between closing and opening. If MP3 holds, the works of Eco are not postmodern. The characteristic theme of Abian's[6] analysis of MP3 is the role of the reader as participant. An abundance of theories concerning the bridge between art and society exist. In a sense, Baudrillard uses the term 'the subpatriarchialist paradigm of reality' to denote the defining characteristic, and some would say the nothingness, of dialectic sexual identity.
    "Class is part of the meaninglessness of truth," says Sartre; however, according to Huges[7] , it is not so much class that is part of the meaninglessness of truth, but rather the fatal flaw of class. The primary theme of the works of Rushdie is a self-justifying paradox. However, the subject is interpolated into a dialectic Marxism that includes culture as a reality.
    But Lyotard suggests the use of MP3 to modify and deconstruct sexual identity. The stasis, and eventually the rubicon, of textual semiotic theory intrinsic to Midnight's Children emerges again in Satanic Verses, although in a more mythopoetical sense. Thus, the premise of dialectic Marxism holds that reality is capable of significant form.
    It could be said that Buxton[8] suggests that we have to choose between textual semiotic theory and textual discourse.
    The subject is interpolated into a MP3 that includes language as a whole. But the main theme of Humphrey's[9] essay on submaterial semanticism is the absurdity, and thus the paradigm, of posttextual sexual identity.
    Several theories concerning dialectic Marxism may be revealed. Therefore, textual semiotic theory holds that academe is problematic, given that the premise of MP3 is valid.

  142. Re:Students rights? What about the authors rights? by Anonymous Coward · · Score: 0

    The copyright holders have no 'rights' as such. They have a grant of monopoly. Whereas privacy is considered to be an inherent right. Clearly, the inherent/natural/moral/civil right should have precedence over a state monopoly grant.

    You just don't get it.

    You would give up your own liberty in favor of the profit of some faceless corporation that would literally rape you if they thought they could get away with it and profit from it.

  143. University beholden to corporations? by eries · · Score: 1

    Funny how normally there is a huge uproar when a University acts against student freedoms for the sake of a corporation. I happen to think this is a really disgusting example. Why should CMU buckled under to pressure from the RIAA? What power does the RIAA have? They going to threaten to stop selling CDs to CMU students? Give me a break. RIAA just wants to protect their collusion-supported "monopoly" - go have the FTC bust them up.

  144. Re:No, use common sense. by Anonymous Coward · · Score: 0

    Why are you defending a faceless corporation's ability to sell CRAP to consumers and not be held accountable?

    Hold 'software' makers and merchants to the UCC in a strict fashion and this 'motivation' or 'excuse' to pirate disappears.

    Why should only the 'little guy' be constrained by moral or legal concerns?

  145. HOW TO make hidden windows shares... by Anonymous Coward · · Score: 0

    Instead of using names like "MP3", use names like "MP3$" or "blahblah$".

    Then it doesn't show up in the browse list, but you can still access it remotely.

    Obviously don't use mp3$, as that can be guessed.

    1. Re:HOW TO make hidden windows shares... by SingleTracker · · Score: 1

      it doesn't show up on the browse list on *WINDOWS* machines. Try running NAT against those machines...or better yet, use smbclient...you'll be surprised at what you see.

      Hidden shares are NOT hidden by the machine sharing them. How's that for security?

    2. Re:HOW TO make hidden windows shares... by Anonymous Coward · · Score: 0

      Plus, any script being used for scanning would almost certainly use samba, which would pick those up...

    3. Re:HOW TO make hidden windows shares... by Buaku · · Score: 1
      You got that right. All of the share names are broadcast, including the ...$ ones. Microsoft left it up to the various networking programs to be nice enough not to display these 'hidden' shares. Totally retarded. It should have been blocked at the source in the first place.

      Anyone looking for hidden stuff on networked computers will use a program that shows the hidden shares. Its a total no-brainer, and there is plenty of software out there that will happily show you these shares. For example most remote administrative software will do this.

      Encryption is really your only good bet.

  146. The Fourth Amendment to the Constitution by Randym · · Score: 1
    Were these students over 18? Yes? Was a warrant issued by a judge and executed by a duly appointed law officer? No? Then their rights were violated. IANAL, but I would say that they have an open-and-shut case against CMU, *especially* if CMU receives federal money. Here is the text of the Fourth Amendment to the Constitution. (I end up having to quote this so often that I have the Constitution bookmarked. The U.S. Constitution.)

    Amendment 4 - PROBABLE CAUSE The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    --
    DNA is a Turing machine. You, however, being dynamic and emergent, are not.
    1. Re:The Fourth Amendment to the Constitution by Anonymous Coward · · Score: 0

      sorry, the constitution has been suspended for years.

  147. CMU allows PIRATES to register? Arrg. by Anonymous Coward · · Score: 0

    No wonder campus rape and murder has increased.

    In addition to rape, murder and theft, Pirates also like to listen to music, and play video game.
    Now they have gone tooo far.

    To the plank!!

  148. What is the BIG DEAL? by Anonymous Coward · · Score: 0
    I did not read the linked article, but it read Saturaday's Pittsburgh Post-Gazette which carried the story on the bottom half of the second page. Yes some students got busted, but the punishment is just really a slap on the wrist.
    1. What the students were doing was illegal- there is no doubt about that.
    2. CMU could only check the computers that allowed for public access- meaning if you password protected you computers or what not you were safe.
    3. The punishment basically is that the students just cannot have their own computer on the network for what amounts to four weeks. They can still use the labs. It is just a small slap on the wrist.
  149. Re:Wow! I didn't know RIAA could order search/seiz by fprefect · · Score: 1

    Read it again. The students put the files in their public folders, not on their private hard disk or under password protection.

    If you're gonna grow marijuana, don't do it on your front lawn!

    --
    Matt Slot / Bitwise Operator / Ambrosia Software, Inc.
  150. hearing? by fishbowl · · Score: 1

    You CMU students may not care about your rights,
    but I can guarantee that if somebody accuses me
    of a crime, they had damn well better be prepared
    to present their evidence before a magistrate,
    according to my constitutionally guaranteed right
    to due process of law.

    They accused me of a crime and already punished me, you say? The judge will hear about that in
    very clear terms, and I will have grounds to seek
    damages.

    Not one of these 71 students who has been deprived of their constitutional right to due process upon
    being accused of a crime, has sought a hearing?

    This is NOT about RIAA or MP3. It's about being
    accused of a crime by a private party, with that party taking punitive action. This is activity that we delegate to proper authority, not to private parties.

    But if you want to accuse me of a crime, you'd better have a uniformed peace officer there to do it for you. Which police agency took this action?
    Which judge ruled that it was acceptable to terminate these student accounts?

    Oh well, these kids don't care enough to really fight, they just complain. Daddy's money will probably get them a DSL line in less than the 4
    weeks that their accounts are suspended.

    "when somebody says to us, 'We have a problem
    with members of your community violating
    copyright laws,' we have to do something."

    Actually, you've only "got to" do something if that somebody is a judge who has signed an order.
    Otherwise the only thing you've "got to" do is die
    and pay taxes, in no particular order.

    --
    -fb Everything not expressly forbidden is now mandatory.
    1. Re:hearing? by Anonymous Coward · · Score: 0

      The precedent for this has been that if a CMU student exhibits any kind of uncoroporative behavior regarding network policy, they will be removed permanently from the network. Questions regarding this can be sent to the resident Network Nazi: lerchey+@CMU.EDU. He will most likely ignore your e-mail. Also, this punishment can be appealed through and long and tedious process with the Student Affairs board that surely no succeeding student at CMU has time to do. There is a choice, but there really isn't. This is private schooling at its best.

  151. Re:One thing in particular *REALLY* bothers me her by Anonymous Coward · · Score: 0

    It's about copyright infringement. The RIAA probably threatened a lawsuit. There is no such thing as freedom to free music.

  152. Some of the files were private by Anonymous Coward · · Score: 0

    They weren't all public files. Some of them were private. The network admins were guessing passwords. And they didn't check to see if the MP3s were illegal, warn the people, or even tell them they were getting disconnected.

    Anyone with a private directory and legal MP3s that got checked would have been disconnected under CMU's sweep.

    Besides, if I guess passwords to someone's drives and look around without a search warrant, I go to jail. Why is it different for the CMU net admins.

    1. Re:Some of the files were private by Anonymous Coward · · Score: 0

      What proof do you have that the network admins were guessing passwords?

    2. Re:Some of the files were private by Anonymous Coward · · Score: 0

      Read the article! Public portions of student accounts were checked, not private portions, and NOT shared resources on personal computers. Read CMU's computer use policy! Privacy was not violated, the policy was! CMU officials had every right to do what they did, although I think a better punishment might have been to deny the students the privelege of having a computer account. The account was what they misused, not their intranet connection.

    3. Re:Some of the files were private by Anonymous Coward · · Score: 0

      not shared resources on private computers?!? do you go to cmu? i didn't think so.

  153. More freedom in Europe + questions by Raindeer · · Score: 1

    Being from a student in a country in Europe, this whole thread surprises me a great deal. At my university we have a campus network as well. (A nicer one one then Carnegie Mellon, but that is beside the point)Everybody here has shares. It is considered rude not to share. The only times our version of the RIAA have gone to the police was when somebody was stupid enough to advertise his warez for sale in national newsgroups. Otherwise it is almost impossible, because our laws require that they have a good reason before they get a warrant. What I really would like to know is the following.

    1. What makes it so easy to violate the privacy of peoples rooms on campus? (here you need a search warrant)

    2. Would the same construction as we have here, with students running it and acting as an ISP work in the States?

  154. And you would give up.... by Anonymous Coward · · Score: 0

    ...my freedom to create and experience good music in favor of some perverted notion of "liberty" you seem to believe in (where liberty == the right to loot the fruits of other people's intellectual efforts with impunity).

    Go back to China, pal. Your friends in the Red Guard are waiting for you.

  155. read the Microsoft End User Agreement by twitter · · Score: 2
    On the reverse side of page 35 (found by reversing the direction of the W2k CD) in Sanscrit we find:

    The user agrees that Microsoft Corporation, TM, retains full use and ownership of all intelectual property enableled by Windows,TM, software, TM. Because of this property right overrides all others, we have made sure that nothing on your personal computer can be concealed from us, or anyone else. The term "Privacy", which sounds like piracy, as used by the popular press is a fiction and will not be found anywhere else in this user agreement.

    There you have it surrender your creativity and consume! Microsoft and the RIAA, which sued the Girls Scouts of America for singing a copyrighted song around the capmfire, are birds of a feather.

    --

    Friends don't help friends install M$ junk.

  156. Re:LOL at rationalization by syates21 · · Score: 2

    I sure get a kick out of how people get all defensive when the obvious fact that they are stealing is pointed out to them.

    First of all, if you listen only to net "radio" stations that have a right and license to broadcast all of the music they use, then great, no problem. However, if your are listening to streaming broadcasts of illegally distributed MP3 files, then you are just as guilty as the person broadcasting (at least for a moral, if not legal perspective).

    Some of the other arguments are even more laughable though. The idea that only food, cars, etc can be stolen, is pretty funny. I mean, why should taking food count as stealing. It's way overpriced (just like software and music supposedly are), and people need food a lot more than they need music and software.

    Or how 'bout the "I wouldn't buy it anyway, because I don't have the money" argument. This is just as funny. There are lots of things I can't afford, but that doesn't mean I can just take them if I want them. I would love to be able to talk to the people I know in England any time I feel like it, but I can't afford to. Since there's no way I would actually pay for all that phone time, it's OK for me to just steal it, right?

    People get it through your head! Just because the reproduction cost of something is basically free does not mean you can justify stealing it.

  157. Not really by Anonymous Coward · · Score: 0

    "They were well within their rights to search the systems, whether password protected or not. The students have no grounds to complain about anything." Why would the university have the legal right to search the students' computers? I'm sorry but unless you show up at my door with a search warrent and a badge, you can't see what I have on my computer. Period. Now, the university can deny access to their network for, more or less, any reason since it is their network but searching computers? Do you think a private ISP like AOL should ahve permission to search your computer whenever they feel like it (including trying to guess/crack your password)? I can tell you that if my ISP ever tries to break into any of my boxes they will catch hell for it and lose my bussiness. The ONLY people that have the right to conduct a search of your personal effects are the police (or FBI, et al) and only if they have a search warrent. You need to remember that the RIAA has no legal authority of any kind. They are just another activist group like the ACLU. They can bring forth a lawsuit like anyone else but they themselves have no legal authority.

  158. WORD (i'm a software pirate myself) by Anonymous Coward · · Score: 0

    and before that I copied tapes. Yes you remember tapes. I burn CDs and own emulators. The companies distributing this stuff retail are way too greedy. Not to mention it's hard to find good music locally. For instance the group BOA. I love their music but since the local radio stations don't run it into the ground like ricky martain teh CD cannot be found. SO the answer is MP3. I think the owners of MP3s should be praised not punnished. Getting MP3s is no different than my freeware copy of widows95.(Joke)

  159. Uhhh by Anonymous Coward · · Score: 0

    Don't forget its not your network, it belongs to CMU and you are just using it. So that means you are subject to whatever rules apply.

    1. Re:Uhhh by Muncher · · Score: 1

      Then they have the right to regulate what goes over their network. Not what is on the computers connected to it. If they logged illegal distribution they could go with that.

    2. Re:Uhhh by Buaku · · Score: 1
      As long as those rules do not violate the law, sure. But that is the question, isn't it? The phone company cannot listen in on your conversations even though you use their system.

      I suspect CMU has put itself in the position of no longer being a 'Common Carrier', and have made themselves very vulnerable legally. They probably would have been better off just making sure their security wasn't compromised and left it at that.

    3. Re:Uhhh by mpe · · Score: 1

      Don't forget its not your network, it belongs to CMU and you are just using it. So that means you are subject to whatever rules apply.

      However they can't make rules which allow them to break the law. Indeed an ordinary ISP who enguaged in such activity would probably find their hardware confiscated (as evidence) whilst they awaited trial.

      Also the same logic applies to "The computers belong to the students, thus any access to them is subject to whatever rules the student comes up with."

  160. Metophoricly? by Anonymous Coward · · Score: 0

    No litterally. Seriosly I hope someone died for that.

  161. User 'mp3' pass 'mp3' != password protected by Fastolfe · · Score: 3

    see above, if i can guess it, so can the hackers and the RIAA... but i believe this is tresspassing, and akin to picking a lot and saying 'it was a crappy lock', which is clearly illegal... CMU went too far here...

    Just because somebody puts a password of 'mp3' on their share does *not* mean it's classified as private/password-protected. This is a very typical and normal way of setting up MP3 shares on anonymous FTP sites or Windows shares and, in my opinion, is essentially the same as "public access."

    Don't think of it as a crappy lock, think of it as a code-word required for entry that's general knowledge. If the students really were protecting their files, they'd have used a real password. Their intent was to set it up for public access, which tips the scales against them. I believe there is a legal definition for 'password protected', and the intent of the owner to restrict access is a requirement. This is not the case here.

    like some other schools, this email should have been sent out before the event, so that the kids would not have publicly shared the stuff!

    At my previous university, in order to get campus ethernet, you had to agree to terms and conditions that required, in part, compliance with copyright laws. This should have been adequate warning. Just because some of your l33t hax0r mp3 friends are doing it and not getting caught doesn't mean you won't get caught either. You will have a hard time finding any of those students that didn't know what they were doing was illegal.

    Not to sound evil here, but the university can do whatever the hell they like with their network connections. They don't *have* to have any proof of wrong-doing to nuke a connection. If they were in fact overzealous in their efforts, they were no doubt trying to send a "message" to the rest of the student body that these things won't be tolerated. The students in question will probably have their connections restored in short order.

    1. Re:User 'mp3' pass 'mp3' != password protected by Anonymous Coward · · Score: 0

      So many nazis like you its amazing. Stupid dumb.

  162. Re:Illegal search and seizure? A sysadmin's POV by Anonymous Coward · · Score: 0

    LOL!

  163. music-sharing by Menthos · · Score: 1
    If I and a couple of friends start a sort of music-sharing club, i.e. we collect a fee and then go out and buy CDs, just to rip them and make mp3s of them, and then give each of the club's members access to the mp3s, would it be legal?

    The CDs and the music would be the club's property, wouldn't it? Or does it fall under the clause that multiple members could listen to exactly the same music at the same time, thus making it a copyright infringement, because we only bought one CD?

    --

    GNU/Linux. The Freshmaker.

  164. You're looking at this the wrong way.. by Fastolfe · · Score: 2

    You expect your university to cover for you when you do illegal things? There's no reason CMU would *not* want to accomodate the RIAA here. If I were running a university, and I was told a bunch of my students were breaking the law, I would naturally try to help locate and bring them to justice. I wouldn't go off and say "OK, we'll look into it," and then snicker quietly as I let my students continue breaking copyright law.

    Universities tend to turn a blind eye to this sort of thing, much to the charign of developers and other copyright holders, but I would *certainly* expect a university to follow up and do something about a legitimate and explicit complaint.

  165. Get your quotes right by Fastolfe · · Score: 2

    The only troubling thing here--and it is quite troubling--is that they conducted inspections "at the order of" the RIAA.

    I believe the article explicitely said, "...at the behest of..." This is hardly the same thing. From the article, it appears that the RIAA sent a blanket letter to several dozen universities about the ongoing problems of illegal MP3 distribution. CMU, upon receiving this, decided to stop turning a blind eye to it and start enforcing their school policies against violating copyright laws.

    We don't know the contents of those letters, but it surely wasn't anything specific. It probably outlined the RIAA's concern over MP3's and how common it was to find these things distributed from university ethernet hosts. CMU took the next logical step.

    If I were a university, I would be more concerned with my image of harboring a bunch of l33t MP3/warez-trading kids in my dorms than being overzealous in my *internal* conflict/legal resolution methods.

  166. Comment on the costs of piracy by sdelk · · Score: 1

    I hate to turn this into a discussion about piracy, however: Does anyone REALLY believe that the music/software/video industry would lower the prices of their products if piracy was eliminated? I sure don't. The price of a product is not related to how cheap/profitable it is to manufacture. Its related to what people are willing to pay. These companies are making billions of dollars, which tells them that their products, overpriced as they may seem, aren't overpriced enough that people don't buy them. In fact, they buy more of that stuff than they ever have. Im not pro-piracy, but the 'if we stopped piracy, prices would be much lower' argument is not valid.

    1. Re:Comment on the costs of piracy by jnew · · Score: 1

      Too true. We see the Sega Dreamcast, with an uncopyable disc format. So, according to what the industry tells us, they should be able to charge less for them. I'm not sure about everywhere else, but here in Australia they're more expensive than Playstation games. That argument doesn't hold much ground.

      I don't know why they just say they want to make as much money as possible.

  167. CMU's policies by Fedallah · · Score: 1
    I'm a former CMU student, and even when I was there, this kind of thing was happening (CMU seems to fall in line when the RIAA barks). However, this is the first time I've seen such a large number of users disconnected at once, as this is the first time they've done a real inspection.

    First, to clear up misconceptions -- As I see it, the files that were found were being kept on the students' own computers, and simply shared over the CMU intranet with Microsoft file sharing (Or samba or whatever). In the past, CMU would occasionally just measure bandwith to each computer, and if they see one computer that is getting hit a lot, they'll investigate, and if that person has MP3's/Warez/ in public (i.e. non-passworded) folders, CMU would ask the student to remove that stuff from public folders, and perhaps cut off their access if they felt like it. (On a side note, someone mentioned that computer accounts were cut off if any type of hacking was noticed from someone's computer - this is true, even if the hacker was simply using the computer as a bounce point to hack someone else's computer. If this happened to you, you could simply go to network services and tell them that your computer was hacked - they would reinstate your network access as soon as you secured your computer a bit)

    The thing that disturbs me here is that someone else mentioned that when CMU was doing this surprise inspection, they would guess passwords on passworded folders, and if they were able to guess it, and the folder had copyrighted material in it, then the network access would be cut. To me, this seems like a major invasion of privacy. I would go so far as to say that random guessing of passwords on a folder that is passworded could be considered a form of a password hacking attempt. Everything I remember from people's reports of discussions with network services at CMU and Dean Fowler seemed to lead to the fact that if a folder was passworded, than it was considered private. Just because it has an easy-to-guess password doesn't mean it's public - it just means the person who set it wanted to make it easy to remember.

    One thing I find amusing about this is that one of the students at CMU used to have an search engine that indexed the massive CMU intranet, which enabled students to search for files they wanted (One result of this is that it made searching for MP3s easy to do). This student was forced to remove this functionality from his website (run on his computer), for the reason (among others) that the spider that did the searching could be considered an invasion of privacy - EVEN THOUGH it didn't even try to guess passwords, as network services supposedly did when doing their surprise inspection. Keep in mind - this reason was debated by the student who wrote the intranet spider, and I'm not sure what came of it.

    One other thing I find funny (quote from article)
    On October 18, Carnegie Mellon randomly checked the public portions of 250 students' computer accounts, mainly "to find out whether we had a problem on our campus," Mr. Fowler said.
    Network services had to know there were MP3s shared in directories like this - most of the students knew. They aren't that naive - they have just chosen to ignore this until the RIAA barked louder.
  168. It's all about intent by Fastolfe · · Score: 1

    You're right, but having a README.txt file on a public share saying "The password to my 'MP3' share is 'MP3'. Leech away!" doesn't help the students at all.

  169. Re:Students rights? What about the authors rights? by Tarnar · · Score: 1

    I do believe you misunderstand my friend. What gives the copyright holders any LESS rights then the average citizen?

    The RIAA is not a complete monopoly and do not con'troll' everything, or we wouldn't see sites like mp3.com where you can get LEGIT mp3's from artists who are publishing on a new medium.

    And who the fsck said anything about a 'state monopoly grant'??? You're saying the RIAA is a government tool and somehow, through selling CD's and attempting to protect their own copyrighted material, they're trying to make off with our rights AND our money?

    Noone rights were violated in this situation. If the network shares were there for anyone to see, then it's hardly illegal searching. That's like you saying I'm tresspassing by going into a public washroom. As for the rights of the copyright holders, they have every right to make protect their investment.

    MP3s are not the issue. MP3s distributing copyrighted material are. MP3s are merely the medium, like the argument that a gun itself is not illegal, but using it to shoot someone is. If these students were passing around bootleg CD's, would this have made /.? No. MP3 is just the nice buzzword of the year, along with IPO.

  170. The RIAA must dread the day.... by Anonymous Coward · · Score: 0

    .... when the first slashdotter becomes president (hey, it's gotta happen someday).

    And promptly has that sorry pack of sons of b*tches hauled into court and prosecuted under the Racketeer Influnced and Corrupt Orginazations act.

    Perhaps a petition to have them prosecuted sooner?

    And how about all the other corperate bullies who want to restrict the freedom of information and turn the internet into their own executive stomping ground?

    String 'em all up.

    Oh, and hows about 8 years of presidential pardons for anyone thr RIAA tries to prosecute? Pretty sweet.


    BTW.

    Don't blame CMU. That's really shortsighted. Look to the real fascists in RIAA to place blame upon.

  171. More Points by Hrunting · · Score: 2

    From the much vaunted Code of Ethics (in addition to the public/private clause floating around):

    On rare occasions, computing staff may access others' files, but only when strictly necessary for the maintenance of a system or in active pursuit of serious security or abuse incidents.

    This was indeed a rare occasion and, at least to CMU, this was a serious abuse incident. People are quick to point out that CMU broke the rules, but being skeptical, I read the whole privacy statement and found this line. This line right here, which students (I'm assuming) agreed to as part of agreeing to policy, gives them the right to access those files as part of their 'sweep'.

    I don't think it's a great thing, what CMU did, but I think people are directing attention away from the real issue which is that people were breaking the law and got caught. Yes, it's rather fascist and if the government did this to me (and who's to say they haven't already), I'd be in an uproar, but this is a private institution that runs a private network. If you break the law on it, damned if they won't bust your ass for it. People need to read all of the terms when they sign up, not just the parts that they think will let them get away with what they want on their own personal machines.

    Guess what people. These students abused the system and the system called them on it by their own rules. There are 179 kids right now who aren't in trouble and are laughing at the other 71.

    p.s. (because I've seen this a couple of times)
    Borrowing CDs is not copyright infringement anymore than borrowing a book is. Copying a CD and giving it away (which is very akin to making an MP3 and distributing it) is copyright infringement, just like xeroxing a book and giving it away ain't legal, either.

    Just thought I'd get that off my chest.

  172. who gets ripped off here? by thereminjames · · Score: 1

    Like many slashdot readers, I've been using computers since the Trash80 days. I also have been a musician for years, and have many ties with professional musicians and industry people here in NYC where I live. Having seen the rise of pirated MP3 trading and been a hotline user for sometime, as well as knowing many high level record execs, publishing execs, producers, and musicians with gold records on their walls, I think I have a fairly broad view of both the recording industry's arguments against pirating MP3's, and the pirates reasons for trading them.


    Steve Albini wrote an excellent article that many of you may have seen on the problem with music. Basically, if a band sells 250,000 copies of an album, which doesn't even make it gold, the band makes 12,000 and the industry (lawyers, managers, roadies, bookers, producers, labels, radio promoters, etc.) nets about 1,000,000. (the 3 million dollars richer he mentions in his article is gross, not net.)


    For those of you who disagree with this, I could mention a few rock stars I know who have jobs, artists with priority records out on major labels who temp between tours, and people who have headlined at Madison Square Garden who now work 5 days a week to pay their rent.
    The real money for musicians is in mechanical royalties, which is basically publishing. Artists get money when an MP3 is legitimately downloaded, a song is played on the radio, or when they get something into a soundtrack (that's the real money) Most artists who sign to major labels do a publishing deal whereby they take an advacnce from a large publishing company like BMG or EMI in exchange for mechanical royalties. It's a bit of a gamble - if you think you're going to have a radio hit that gets in every soundtrack, you're better off not taking their money


    Now, the RIAA often markets its arguments towards MP3 pirates as being: don't harm the artists you love. By downloading the MP3s off the 'net, you are cutting into artist royalties.


    For an artist on an indie label that has a better royalty rate and distribution plan, this is absolutely true. If you download an artist from Touch & Go, Matador, Jade Tree, etc. you are in fact harming the artists, many of whom don't get the big publishing advance to live on. But in the majors, where a recording advance is a big loan, and royalty rates are a joke, and record companies are trying to break artists to commercial radio stations that are now big conglomerates with shrinking playlists, and the retail overhead is absurd, and legal fees often come out of the bands fund, how big of a dent are you making?


    The real impact is what cuts into the record company's bank account. Now, when I go to Tower Records, and bands i've never heard of have their debut CD's for sale at 18 bucks a pop, I am not inclined to gamble that kind of money. I want to spend that money knowing what I'm getting, because most of the time major label debuts are boring because they are tailored to be pitched to commercial radio stations and promoters. However, these stations are now owned by conglomerates. These big companies find their subsidiary stations easier to manage when they have shorter playlists. THis is why you hear Bush, Metallica, Foo Fighters, and nothing else on the radio these days. There is a barrier of entry to new artists. I might hear a new major label artist if I go to a show and their label paid the headlining act to allow the new band they want to break to have an opening slot. But, for the most part, I think that today signing to a major label ensures limited promotional possibilities. Commercial radio can be written off as an option, which leaves touring and having your song played at Urban Outfitters, which is useless because nobody there will know who you are. Maybe a soundtrack if your publisher/manager has some clout. A publicist can help get you in magazines, but that's publicity, not getting your music out there. Therefore, the only real other promotional option for new bands on a major label is the internet.


    And lets face it - how many of you who have downloaded free MP3s have been to Elektra Records website, or Virgin Records Website, or Sony 550 Records website? I'll bet hotline gets more traffic than those sites. And if you're connected to a fast server getting your pirate MP3s, aren't you inclined to check out songs by bands you've heard about but don't want to gamble 18 bucks on? And if you like it, aren't you inclined to perhaps see them live? Maybe buy the complete CD? Maybe even some merchandise (another big money makers for bands?)


    Many people sign million dollar record deals and nobody ever hears their records, which wind up in the bargin bin if they're lucky. At least a pirated MP3 is a way that they can be heard. They won't make any money if their record goes gold anyway, from recording royalties. While MP3 downloads do cut into publishing, radio stations don't pay any less money now when they play a song on the radio than before MP3 pirating got to be big. Therefore, I conclude with the idea that Pirated MP3s help the artist and only hurt the industry when they are on a major label


    The RIAAs ears are owned by the major labels. What I think the rise of pirate MP3s will do is force the labels to reconsider the inefficiant business model they try to force artists through before they spit them out. I think that the students at CMU were actually doing the major label artists they encoded a big favor, and that they were harming indie artists.


    thereminjames

    1. Re:who gets ripped off here? by Alton · · Score: 1

      I completely agree that trading MP3s in most cases helps the non-indie artists. That does not make it right, however, to go out and start trading copywrited songs. A song is the intellectual and artistic property of the songwriter and the performer. The owner of that intellectual property is the performer and songwriter. It is their right to do with their property what they want to. If they sell that property to a major record label who signs a deal with them to pay royalties on the sale of their song, then that is their choice.

      I agree that the music industry has many bad practices that truly screw over a lot of very talented artists. Downloading illegal MP3s is not the answer to this problem though. This only hurts the screwed over artists even more. To truly bring the music industry back to where botht he artists and the public want it, we have to fight it legally.

      Artists, find a small label to help you produce your music. Once you have produced an album, take a couple of your tracks and publish them, for free, on an mp3 site. Let the people here what you have to play. If they like what you have, let them buy the rest of your album, either on CD or in MP3 format.

      John/Jane Doe, download FREE MP3s from artists you might be interested in. If you like the music, BUY IT. These artists have put a lot of time, work, blood, sweat, and tears into what they do. Avoid the big labels. Don't download their pirated music, don't buy their CD's.

      Eventually the music industry will have to give in to market demand and start finding new ways to win both artists and listeners back. Either that or find new lines of work.

      Stealing intellectual and artistic property from the people who create them is no better than slavery. You are making them work for you (intellectual instead of physical) and you give absolutely nothing back.

      --
      "Anyone who can't laugh at himself is not taking life seriously enough." - Larry Wall
  173. Re:Students rights? What about the authors rights? by Muncher · · Score: 1

    Good lord, get real. The artists don't give a shit if some university kids are listening to free music. Its the monopolistic attitudes of the 6 music produceing companies that are kicking up the fuss. They have been over charging for years for cd's. Do you know how much it costs them to make a copy of a cd to sell?? Or how much more they charge the consumers. Get real. Besides, the majourity of artists that are getting their cd's ripped are top 40 bands and sorry if I don't care about them making 40 million this year as opposed to 45 million. Also, if its a small band who needs my support and I like them I'll buy the cd.

  174. Whats good for the goose is good for the gander by Anonymous Coward · · Score: 0

    Walk into the admins office @ nite, and read ALL the text files on his pc......... or publish info publically.... if I were still into the mp3 scene, I would have a linux box, configured as such to #A allow only local root #B prevent ANY non vital daemons from running, #3 Monitor the machine for access attempts, and #4 dont dl all the damn mp3s in 1 nite, 10 a day or something is WELL under the limits of normal traffic, "Carry a penny out of the bank and nothing happens, carry an entire bag of money out... and watch the situation unfold" a quote from bi0drain 98

  175. Re:No, use common sense.... you obvoiusly don't... by Muncher · · Score: 1

    Think about it. Who's in control of the music industry. We have joe artist who writes songs. We have EMI inc. EMI says, hey Joe, that one song you wrote sounds great. We want to put it on a cd. Joe says great. I don't have much more. They say "Well, according to this contract you have to provide us with 10 more songs in two weeks. So thats your problem." He puts out that good song and then a bunch of shit to go with it. Thats the nature of the industry until that artist gets to the point that he doens't have to put crap out to satisfy the companies cuz the customers love him. But really by that point the artist has the control and he's already established. But yea, you're dumb if you think the quality of the artists cd's just has to do with the artist himself. Really dumb.

  176. Re:Invasion of privacy? Oh yes. by ToLu+the+Happy+Furby · · Score: 1

    The article doesn't exactly get it right (of course, it's from the Chronicle of Higher Education, so technical accuracy probably isn't to be expected). These files were all on students' personal computers, and shared via Windows networking. Furthermore, many of them were password protected, although only those folders which the university deemed to be "not really" password protected--ones with password "mp3", or with instructions on how to get the password in the readme--were broken into.

    Frankly, I think the best analogy I've seen for this was the poster a few threads back who said that this was the same as busting students for using the university's hallways to share cds from room to room. Of course, this analogy misses the rather important point that mp3s tend to leave copies when they're borrowed, unlike cds. Still, the fact is that unlike the implications of using ~/public_html folders on university servers, the only CMU resource used is its internal network bandwidth--not university server space nor internet bandwidth--and that the files are only available to those members of the university who have a password to the folder--not the general public at large, by a long shot.

  177. A student from CMU would liek to say something by jerebnibob · · Score: 1

    *AHEM* let me clear my throat. All cmu students received an official e-mail telling us what has happened with this network sweep. Yes they did guess some passwords, butthey only guessed some very obvious ones (like CMU, and MP3, and anonymous or the name of the folder), and they got busted if they had the passwrod posted on the network. I do not see this as an invasion of privacy, because stupid idiots that make obvious passwords, and post their passords on the netowrk, deserve to get their network privilages taken away. Lets not make computing services out to be evil here. First of all, the only reason they did this was because they had the RIAA breathign down their backs. I have met the head of computing services, he is a really cool guy, and he did not want to do this. Second of all, they are giving back the network access after a while. So take it from a CMU student, when I say, what they did was perfectly legit, and people should not have problems with this

    1. Re:A student from CMU would liek to say something by Anonymous Coward · · Score: 0

      I do not see this as an invasion of privacy, because stupid idiots that make obvious passwords, and post their passords on the netowrk, deserve to get their network privilages taken away. So if someone here at my company is a stupid idiot and creates an easily guessable password (like their id followed by 123) which results in an outsider breaking in...then that person breaking in isn't guilty of anything, right? I think you're the idiot here.

  178. A Couple More Corrections by Apollo · · Score: 1
    Most of the highly-scored comments point out corrections to the Chronicle article, but here are a couple more they seem to have missed:
    1. There was no password-guessing program. All passwords that were guessed were entered by hand, AFAIK.
    2. The search process went as follows: An employee of Computing Services looked at the Network Neighborhood window in list view and checked 2 or 3 of the machines in the bottom 5 rows for illegal content (MP3's as well as movies). They checked folders that were public or had suspicious names. By guessing passwords or looking at read me files, they found illegal content and pointers to other illegal machines, which they then checked out. So it was mostly a random sweep, but they followed obvious trails when they were laid out in read me files.
    3. Most of the 70+ students showed up at the workshop and will probably have their network access back by the end of next week. I know; I was there to watch the goings-on (not one of the 71 students though).
    4. I know of two cases where network access was given back on appeal. One was for someone sharing legal MP3's (live Dave Matthews), and the other was for someone who needed network access for their job (they work for CMU :-).
    5. More information can be found in The Tartan, the student newspaper.

    Overall, Computing Services probably was legal in its actions, but they were pushing it and they realize that. At the workshop, it was made clear that future crackdowns will be handled differently--students with illegal content will be given 48 hours' notice before being disconnected so they can appeal before being shut down. Subject to change, of course.

  179. some thoughts... by Anonymous Coward · · Score: 0

    My first reaction to this article was, "Dude. That sucks."

    But then I gave it a little more thought: "Only 71?" I can't be certain about CMU, but at my university (which shall remain nameless, like myself ;) such a crackdown would probably result in three-quarters of the student body losing network priviliges. That may be a slight exaggeration, but in my estimation well more than half of the students here have countless gigabytes of MP3s and pirated (ugh. hate that word.) software shared, unpassworded, via Windows file sharing. (And probably a sizable number using Samba.) If this weren't enough, finding the offenders would be significantly easier with the half-dozen student-run network searches. As tech-savvy as my univ claims to be and is from my observation, this many students (a few thousand, if all offenders got cut off) would probably start a riot, something the administration probably wants to avoid. This might sound like an "everybody else is doing it" argument, but I have a feeling network services will continue to overlook the "problem".

    more randomness... last year I set up a ShoutCast server on my box playing for the most part music obtained illegally off the network and generally abusing the bandwidth graciously provided by the college. :) I had it running for a few months, noticed it was always full, so I doubled the number of users allowed. Towards the end of last semester it was frequently on the top 10 at shoutcast.com and I realized this was probably a Very Bad Thing and took it down before They(tm) got interested. ;)

    So, my thoughts on the whole thing if anyone cares: the RIAA sucks and CMU's actions were unjustified. Copyright violation is illegal (but *not* theft), and if the RIAA really needed the money, I'd probably go out and buy several of the albums I have on my hard drive (probably not just for one song, blah blah). Whatever, believe what you will on this topic, I just hope I'm right in thinking "It can't happen here." ;)

  180. These guys are lucky! by Anonymous Coward · · Score: 0
    I went to CMU. I'm not going to say the school is perfect but they are pretty liberal when it comes to privacy and freedom. I also know that there are more than enough pirate sites around campus, finding them is not so hard. They use shares and they are passworded but it's not too hard to get access. Usually the password is something like the name of the site. The share is named "theWarezHouse" and the password is "Warez" or something like that. It's not like they got a bunch of phd candidates and gave them a list of exploits and started trying to crack into someone's computer.

    I'm guessing that these were pirate MP3 sites. Why? because it makes sense, if they were really for personal use then I'm almost positive that the school wouldn't have done anything. At least they wouldn't have few years back. From personal experience and that of friends, the school and the CMU police go way out of their way to protect CMU students. I know guys who went out drinking, under age, got hammered, called the CMU police and got a free ride home, no questions asked. I know a guy who got busted by non-CMU police for a federal crime (bomb threat, i just knew the guy, we weren't friends) and then CMU pulled strings and instead of spending the night in jail they got him transfered into the custody of CMU police and he slept in his bed that night (they didn't even press charges!) it never even made the police blotter in the newspaper. Even people who got in trouble for breaking CMU's rules generally don't get punished very harshly, maybe some community service that they don't even make you complete or you'll go before the student judicial board. And you have full due process, you can appeal decisions.

    What's most likely is that these kids got flat out busted, pirating MP3s (regardless of what you think of copyright law or RIAA, it's still against the law) and the school steps in and decides to "punish" them instead of throwing them to the RIAA wolves. Getting your plug pulled in October or November for the rest of the semester isn't that bad. Heaven forbid one of them has to use a cluster for an assignment. It sure as hell beats a pricey law suit. Or you can take a 90 minute copyright class? Probably taught by a TA who is going to let them go after 15 minutes. You guys are supposed to be pissed that these guys got off scott free because of CMU where others have been acutally punished for breaking the law.

    The fact that RIAA knew at all is something, I wonder how they learned of it. Innocent kids ripping their own CDs and putting them on shares so they can listen to the MP3s in the clusters, right? They are going to threaten moneyless students? Yeah right. Honestly, these kids are probably lucky that this so called punishment is all they got. I'm not saying that like they should be punished more harshly but it's a very real possiblity. Someone has responded raising the point that high-bandwidth internet connections aren't a right but a privilege, the same thing can be said about music if you can't afford it then that's tough. If you want me to sign your petition I'll be glad to but building your collection of illegal MP3s isn't exactly what I'd call civil disobedience.

  181. sadly, this won't be the last by _bug_ · · Score: 1
    i'm a student worker in my college's IS department and this very topic has just recently come up. there's talk about taking active interests in seeing who is transfering what over school lines. it's even been requested that the admin of the network setup a sniffer to try and find out exactly what kind of content is being transfered over the network.

    this isn't just looking at college web sites or local shares, anything and EVERYTHING will be open to audit here.

    and all this simply because there was some abnormal traffic loads on the network between 7pm and 5am. (which, personally, isn't abnormal hours for me. it's when i do my best work!)

    but it's kinda sick now that i'm going to wind up having to take extra precautions on all my work. i've even turned over the idea of setting up a dam tunnel to a friend with a cable modem. that way the college won't see crap of what i'm doing.

    before long, it's going to turn into a situation where the colleges go door to door inspecting every student's machine or getting all the machins running SMS or similar to keep tabs on what students use their computers for.

    since when the hell did the students become the enemy?

    -
    "There is no off position on the genius switch." --Dave Letterman
    -

  182. Possible Legal Alternarive to MP3 copying? by Anonymous Coward · · Score: 0

    If borrowing MP3s is legal, but copying is not, than am I borrowing other forms of content ( like when I view web pages ), or copying? Is the distinction made by the content provider? The music CDs I purchase didn't mention any of this in their license agreement... It seems to me that the burden of proof would be to establish that the music was being listened to simultaneously by the person who owned the original and the person downloading. It isn't illegal to make it possible to break the law ( at least in this way ).

  183. Money = rights? by Anonymous Coward · · Score: 0

    If I had a suspicion that some of my physical property... say a couple clock radios which had been stolen, might be in the posession of a few students on campus though I didn't know who, or even if that was the case. Would the adminstrators at my request send people around searching the dorm rooms for alarm clocks with my name on them?

    I don't think I would get that kind of cooperation from them. Why does the RIAA get that kind of help?

    Copyright violations are not nearly as serious, yet the RIAA seems to be able to recruit anxious Gestapo voulunteers for THEIR cause. What is it that makes people treat their property with so much respect compared to if it were mine?

    1. Re:Money = rights? by Anonymous Coward · · Score: 0

      > What is it that makes people treat their property with so much respect compared to if it were mine? > > Sorry dummy, it has to do with power and class. We are people who travel in very different company. We are society's elite and we will not have our positions threatened by legions of no-name, scummy college dweebs. Do not fuck around with the culture industry. We are the most powerful people in America. Do not screw with us, I'm fucking serious.

  184. Re:Illegal search and seizure? A sysadmin's POV by Anonymous Coward · · Score: 0

    Are you referring to CMU?

    Packet sniffing is fine here as long as you don't put your ethernet card into promiscuous mode. Anything with a broadcast or your mac address is fair game.

    Hubs and switches are also allowed. While the network guidelines say no managed hubs or switches, there's no real reason behind that, and it would probably be simple to register such a device as another computer.

  185. RIAA does not have any legal authority! by pobbard · · Score: 1

    "...at the order of the Recording Industry Association of America"

    The RIAA is a private commercial organization. They cannot order anything without a legal authority making the order (FBI, police, etc.)

    The RIAA wants you to believe it has legal authority, but it has none. The AARP (American Association of Retired Persons) has about as much authority to "order" a college to sweep college computers for illegally distributed music files.

    --Philip

    --
    "It's amazing how our industry is strewn with beautiful, dead technology and bitter engineers." --M. Huyck
  186. All the illegal mp3s you want... by Anonymous Coward · · Score: 0

    What about all the people that run Napster? No one ever complains about them, or anyone else that runs some sort of non-standard distribution method. (http://www.napster.com/ has a client that gives you access to hundreds of gigs of mp3s, http://www.hotlinesw.com/ has a client that is primarly used for pirated software, mp3s, and porn, etc.) If you don't want to get in trouble, just don't use things like Windows SMB filesharing. It's crazy.

  187. Record companies are scary by Ice+Station+Zebra · · Score: 1

    I wish more musical artist would claim ownership of their music and tell the recording companies to shove their bullshit contracts up their ass. Folks, MP3 and the internet is the way to go. Let the recording industry die. The sooner the better.

    Keep those MP3's flowing people!!!!!!!!

  188. CMU Net Dev needs their own rules by Anonymous Coward · · Score: 0

    I want CMU to have a set of rules that *they* have to follow, for acceptable use of the network. The students have one to follow. CMU needs one as well.

  189. Re:LOL at rationalization by Anonymous Coward · · Score: 0

    I would love to be able to talk to the people I know in England any time I feel like it, but I can't afford to. Since there's no way I would actually pay for all that phone time, it's OK for me to just steal it, right?

    No. That costs the phone company money. I'd say that even if you don't agree with the guy, there is a difference between his situation and his example.

  190. HEADS-UP: INDUSTRY LOBBYISTS ARE ON SLASHDOT by Anonymous Coward · · Score: 0

    Word to the wise. Corporate lawyers and lobbyists have gotten hip to the importance of Slashdot and are posting all sorts of pro-crackdown, pro-RIAA, pro-Microsoft, anti-GPL BS lately. Notice the tone of most discussions now - there has been a none-too-subtle pro-corporate shift over the last 12 weeks.

    Now back to more RIAA boosting, followed by more Microsoft defense, followed by more Stallman-bashing, followed by...

    Night

  191. Re: Personal MP3 files (slightly off-topic) by Bilestoad · · Score: 1

    Right! And this is precisely why we used to laugh at people leaving trsidoom2.zip, 18 meg, in their 5-meg-soft-quota world-readable accounts.

    If anyone leaves copyrighted stuff out in the open they're going to get in trouble. It's as smart as tailgating a cop. To most people it's obvious... But once the sysadmin, or worse, the sysadmin's boss knows, they have to take some action, or as others have pointed out, be liable as well. What the MP3 owners got seems like a mild slap on the wrist, could it have been just a stunt to make RIAA happy?.

  192. [OT]Re:This is why I no longer pay for music by llornkcor · · Score: 1

    Some bands (and musicians) aren't touring type bands. They work in the studio. And how many bands have you seen that play as well live as they do in the studio? If the recording studio is out of date, so is the software industry. By my last check, I can record 24-bit digital music. Can your cd player play that? Can mp3 encode it? Granted, the gear isn't nearly the price it used to be, so it has naturally changed. Selling music is a business. Giving it away is, something else..

    1. Re:[OT]Re:This is why I no longer pay for music by Kintanon · · Score: 2

      Some bands (and musicians) aren't touring type bands. They work in the studio. And how many bands have you seen that play as well live as they do in the studio? If the recording studio is out of date, so is the software industry. By my last check, I can record 24-bit digital music. Can your cd player play that? Can mp3 encode it? Granted, the gear isn't nearly the price it used to be, so it has naturally changed. Selling music is a business. Giving it away is, something else..


      If the only reason the band sounds good is because their music has been 'edited' in the studio then they don't need to be making music.
      And if no one can listen to 24-bit digital music then what is the purpose of producing it? Selling music should NOT be a business, anymore than playing Baseball or Basketball should be. These are things people should be doing for fun, not for money. If people want to give the artists money then that's great. But having an 'entertainment industry' is just rediculous.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
  193. see...that's what mp3s are for by Anonymous Coward · · Score: 0

    so the consumer doesn't get screwed. if i knew an album was solid the whole way through, i'd buy it, even though most of the money goes to the record company and not the artist. however, you have to admit it's true that most albums today suck, with one or two good songs. now, isn't it fair for the consumer to not have to suffer through the rest?

  194. you holier than thou !@#$! by Anonymous Coward · · Score: 0

    i bet you if i put $20 on the ground, you would pocket it. ha! caught you, you hypocrite! do you speed? have you ever lied to your mother? have you ever masturbated before? bet you'd say no to all of those too. i am a former musician who has had stuff published. the record companies screw us, really badly. when i found out about this internet thing (and linux) and mp3s, i had a really warm feeling inside. mp3s are one of the best ways for an unknown artist to get recognition for their work, and not have 99% of their money go to big business. stealing is NOT stealing. if i saw someone steal a loaf of bread from a hungry old lady, i'd punch him in the nose, but if a hungry old lady stole a loaf of bread from a walmart like store, i'd look the other way.

  195. Re:The saga continues (WHO TO EMAIL??) by Anonymous Coward · · Score: 0

    I was wondering... any CMU student know of the emails of some of the *administrators* that caused this to happen? I'd like to give them a piece of my mind!!

  196. Questions for Slashdot Lawyers - How to Surrender by Anonymous Coward · · Score: 0

    Since industry is increasingly reliant on the use of copyright and intellectual property as tools of the suppression of digital freedom, perhaps it is time to create something akin to www.onlyfreemedia.org (not a real URL yet). This would be a site that allows people to upload images, sounds, MP3 files and whatever else they create digitally and would like to grant the world free, unlimited, copy-lefted rights to forever more. This could include (their private) celebrity snapshots, art, music, photos, anything.

    My one question is - can someone surrender their innate copyright voluntarily - can I say "yes, i created this but I will sign away my copyright for the good of my fellow citizens"?

  197. There's two different copies of the Code! by Anonymous Coward · · Score: 0
    >3) ...(in short, u said)... CMU violated their code of ethics

    > No... If you read a little further you would have noticed this line under the 'System Administration' section: "On rare occasions, computing staff may access others' files, but only when strictly necessary for the maintenance of a system or in active pursuit of serious security or abuse incidents."

    Nobody has mentioned this but there's actually two copies of the Code of Ethics. The one on the official policy server doesn't have this pursuit of security clause.

    Nobody's sure why there's a discrepency.

  198. CMU had a lot of choices. by bridgette · · Score: 1

    I agree that CMU could nuke connections for any reason, but just because they could kill connections, dosen't mean they had to. CMU could have also chosen a less heavy handed approach, such as warning the students first, or nuking connections for a short period of time. They had a lot of choices.

    The fact of the matter is that the CMU administration, when setting policies, consistantly chooses to give little or no wieght to the student perspective. The students were invloved in illegal activity, and the school had a right to pull connectivity, but if I was paying through the nose for dorm housing (500/mo to live in 1 room with 1-3 other people, sharing a bathroom with 2-20 other people and sharing a kitchenette w/ 100+ people is pretty bad for the area) (oh, and freshmen can't opt out of dorm housing) Where was I? Oh, so if i were paying through the nose for housing, and depended on computer access to do my homework (for a CS the hours on line can *really* add up), and the public computer clusters were totally maxed out during "crunch-times", and I didn't have the option of using a private ISP, and lost connectivity for a month for maintaining a public Dilbert archive, well I might be a little bitter.

    (although they did wait till after mid-terms before pulling the plug)

    As an alum, the attitude of the administration really resonnates with me. It's a shame since there are some really great faculty and labs there.

    --
    - bridgette
  199. Some were legal - Re:Were copyright laws broken? by Anonymous Coward · · Score: 0

    There was at least one person who was disconnected for sharing completely legal to distribute MP3s. He did nothing wrong but was punished anyway.

  200. Some were legal -Re:how many files were illegal? by Anonymous Coward · · Score: 0

    There was at least one person who was disconnected for sharing completely legal to distribute MP3s. He did nothing wrong but was punished anyway.

  201. port 139?! by Anonymous Coward · · Score: 0

    What, did they want to 'nuke' you, too?

  202. Compain to: fowler@andrew.cmu.edu by gad_zuki! · · Score: 2

    Send all you scathing remarks to Paul Fowler, the CMU drone quoted in the article.

    A few thousant emails should give him something to think about.

    fowler@andrew.cmu.edu

  203. a disturbing trend..? by soze · · Score: 1

    wow, this sounds a whole lot like something that happened here on the RPI campus last year... CIS, or ITS, or whatever they were calling themselves, decided to run a sniffer script to look through shared 'puters and their directories to find 'illicit' material. ostensibly this stemmed from a kiddie porn scare on-campus a year or so before, but what really was happening was that anything that looked bad to them was being catalogued for future use, including porn, mp3s, project proposals, transfer applications, plots to blow up the computing center, you name it. this was only discovered when a couple of students running linux machines realized that they were getting sniffed, took their server logs and posted them to our local usenet groups. the campus newspaper ran a story on it that week, and there was some major backpedaling.

    --
    arthur galpin's not dead. he's just on vay-K. promise. --ghep http://www.inflatablewhale.com/
  204. One problem... by LocalH · · Score: 1

    I only see one problem with this...that the searches were done *without permission* on *private machines*, not University-owned machines with student or other private accounts.

    Machines paid for by the students.

    This is illegal search and seizure, which is tantamount to common carrier status. Now CMU leaves themselves open to a lawsuit if someone posts a web site with anything libelous, since others may be more willing to sue.

    Plus, what about the fact that some of the MP3s might have been legally distributable? What if (hypothetically) I was in a band with a few buddies, and I had MP3s of our music on my (hypothetical) computer at CMU? Would they have yanked my access?

    I see a big problem with this. While many of the MP3s that were being shared were probably illegally distributed, they were on private computers. This is like me advertising copied CDs over the phone, and the RIAA threatening to sue the phone company, then the phone company in turn yanking my phone service from me. That's because (as we all know) the phone company is a common carrier. They could, of course, alert law enforcement and have me investigated, but they can't sue the phone company.

    Of course, copying of MP3s is illegal, as is copying CDs, tapes, DVDs, VHS tapes, etc. It doesn't matter if the CDs, tapes, DVDs, VHS tapes, or MP3s are legally distributable. So is the consumer having a high-quality medium (whether it be audio or video) to produce and distribute their own content.

    disclaimer.h: The opinions presented in this Slashdot post ('Post') are not those of my employer, ABC19 WKPT ('WKPT') but rather those of me ('me'). Any flames in response to the Post will be ignored by me.
    _______
    Scott Jones
    Newscast Director / ABC19 WKPT
    Game Show Fan / C64 Coder

    --
    FC Closer
    1. Re:One problem... by KevinM · · Score: 1

      By registering a machine on the CMU network, students explicitly agree to a set of guidelines including very direct statements about the distribution of copyrighted music, software, etc. This was merely an enforcement of these guidelines.

      Search & seizure is _not_applicable_ in this case, since CMU is a private institution and students give up a number of rights by attending.

      In a few cases, students were removed when they were sharing legitimate MP3s (bands that allow live recordings, for example). In these cases, network access was promptly restored.

      Carnegie Mellon has determined and operates under the knowledge that it is _not_ a common carrier. This crackdown does not change that (and in fact, if they had not made an effort, it is not unreasonable to think they could be held liable for the material, anyway.) In general, CMU attempts to respond to complaints of illegal content/material on computing systems and does not actively scan for this material.

      -Kevin
      of course, views are my own

    2. Re:One problem... by Anonymous Coward · · Score: 0

      the codes of ethics though only refer to computing services resources. if you consider your computer to be a computing service resource I'd like my 1/5000th of it :) I would suggest that illegal entering under title 18 1030 might be aplicable as passwords were guessed, and cmu entered areas it was not given explicit permission into. If I (random CMU person) could enter ccon-weh easily even to perform an action to help out clusters should I? free kevin or lockup lerchey

  205. Secureless Windows Protocols by Anonymous Coward · · Score: 0

    I would bet that CMU students were in fact smarter that the general media and they would never use unsafe protocols to distribute (even privately) copyrighted material. (hey, that's Andrew's FS home!) Dumb students...not from the CS department...make them pay, it's the law... But this put in evidence that privacy is a real subject in today's networked life...

  206. Viewpoint from CMU undergrad by Tom7 · · Score: 1

    As an undergrad at CMU, I would like to offer my own opinion on this.

    First of all, the MP3 situation on the campus network is/was BAD. Opening up the little Network Neighborhood gave hundreds of computers sharing terabytes of MP3s. Concealment is/was laughable at best. No, worse than that -- it was essentially a joke. It is/was extremely commonplace to find all sorts of people (not just tech kids; Microsoft makes it easy!) who would open/play MP3's over the network. As you can guess, this is a terrible bandwidth hog (most dorms are at unswitched 10mb).

    When I'd meet my friends during the summer and they'd talk about how their school had banned MP3s completely from the network, etc. etc., I'd think, "Wow, that's funny, CMU hardly cares unless you're totally obvious about it or waste obscene amounts of bandwidth." Their recent "crackdown" didn't surprise me at all; the only thing that surprised me is how long it took for it to happen.


    Don't get me wrong -- I'm all for privacy. I'm a member of the ACLU. I don't even believe in intellectual property. But practically, this was a completely reasonable response to a completely ridiculous situation.

    - Tom 7

  207. Re:A student from CMU would like to say something by Tom7 · · Score: 1

    >I have met the head of computing services, he is
    >a really cool guy, and he did not want to do
    >this.

    John Lerchey (if that's who you're talking about) is NOT a cool guy. I almost lost network access freshman after a company (MetaCreations) threatened to sue me and CMU for making an open source *clone* of one of their programs. Lerchey was 100% "let's have no trouble here -- just take down the software and forget this ever happened" about it.

    - Tom 7

  208. Nicely put by UnknownSoldier · · Score: 1

    Hey, someone actually read the links and posted a civil and interesting discussion! Thank-you! (Will miracles never cease on /. ?! ;-)

    Apparently that other guy never read the part in my orginal message:
    "I have never got a ticket for driving without a license"
    If I was breaking the law, i.e. driving without a license, then why didn't the law officer do anything? Oh wait, that guy flamed and never even bothered to read the links I posted.


    You're absolutely right: There is NO law which states you MUST have a US drivers license to drive a car in the US.

    Doesn't everyone know that "you must register your vehicle with the Department of Motor Vehicles" ?
    Oh wait, there is also NO law which states you MUST submit a car's MSO to the government/state? :-)

    Its not about breaking the law, its verifying what the law REALLY says.
    i.e. why does the Declaration of Independence spell united States of America (uSA) with a small 'u' ane make the distinction from United States?


    For all those considering of getting an IDP, remember that an International Drivers Permit is NOT valid in the place of issue, so don't go to AAA and get one.

    Cheers

  209. RIAA == Satan by Anonymous Coward · · Score: 0

    RIAA sued the Girl Scouts for singing songs around the campfire without paying royalties.

  210. So you are still after... by Anonymous Coward · · Score: 0
    First off, wow, Stanford sucks.

    You mean you are still after this pirating, sharing mp3 thing?

    i'm sorry but why can't you understand that sharing illegal things on campus is a dumb idea at the first place?

  211. bwahahaha by Anonymous Coward · · Score: 0
    I agred til the last line.

    Any huge and continuous activity on your line will get attention, no matter what OS.

  212. Re:The saga continues (WHO TO EMAIL??) by Anonymous Coward · · Score: 0

    system admin: lerchey@cyrus.andrew.cmu.edu

  213. Re:LOL at rationalization by syates21 · · Score: 1

    Well maybe a call to England is a bad example because there like would be tariffs between multiple carriers, but in cases where it is a single carrier, say local long distance (don't you just love that term) from an RBOC, the marginal cost of "my" phone call is essentially nothing, assuming they're not a maximum capacity where a stolen phone call is preventing a paying customer from making one. So in that case it really doesn't cost the company anything, but it's still stealing to use the time without paying.

    I can't claim it's a "perfect" analogy, since pretty much by definition there is no such thing.

  214. Re:LOL at rationalization by Kintanon · · Score: 2

    First of all, if you listen only to net "radio" stations that have a right and license to broadcast all of the music they use, then great, no problem. However, if your are listening to streaming broadcasts of illegally distributed MP3 files, then you are just as guilty as the person broadcasting (at least for a moral, if not legal perspective).



    As far as I know all of the mp3s I listen to are legal as either I own them or the person who is streaming them owns them. Last time I checked letting someone else listen to your music for free wasn't illegal, and if it is I'd better throw away my speakers and get some headphones because my girlfriend has been illegaly listening to my music for months now....

    Kintanon

    --
    Check out JoshJitsu.info for Brazilian Ji
  215. Tell that Randal Schwartz... by kris · · Score: 2

    Guessing passwords to enter a password protected
    area is not illegally breaking into a computer system and stealing private data? Tell that to Randal Schwartz, "just another Perl hacker and convicted felon".

    Rahul.net on Randal, Friends of Randal Schwartz, Randal's Homepage, Tim O'Reilly on the prosecution of Randal.

    I'd say, sue CMU and see what comes from it.
    © Copyright 1999 Kristian Köhntopp

  216. mp3 only hits ripoff labels, why care? by Anonymous Coward · · Score: 0

    I am concerned about the whining about piracy by a lot of people here.. it should be very obvious that mp3s _only_ hurt major labels with mainstream sh*t that gets thrown away after a week so it's simply not worth buying.
    Good releases do still get bought no matter if someone possesses rips of them or not. The only lost "customers" are poor kids that could not afford buying them anyway. A great album being a profound work of art would be a bargain even if the price was doubled if you think about what you are getting back - something you will enjoy for years, possibly for decades.
    I am actively involved in release and distribution of mp3s (no, not legal ones), but we only cover albums of a certain underground (but still commercially significant, at times) music style, hence we do not really appear on the radar screen of the RIAA and similar pestilences.
    What we are doing does in fact support sales of our kind of music, because it gets absolutely no airplay and you have to sacrifice a lot of time and stay in touch with the 'scene' to keep yourself updated about new releases. MP3s make it possible to be informed without doing all that. And no, an excerpt is not enough.. maybe it is for a pop album, but not for anything beyond that because "real" artists not driven by commercial greed are uncalculable and could put 1 track you like and 9 tracks you dislike on an album.
    It MUST be the whole thing, and one must be given enough time to listen to it before a decision can really be made. We support this decision, and frankly said, I don't give a damn about if this is illegal or not - it is simply the right thing.

    Of course, hardly any of this applies to charts stuff. They do lose sales on those, but they deserve it because its simply inferior work and a big ripoff.

    cheers.

  217. legal issues by hapey · · Score: 1

    As I understand it, from a legal point of view it is a grey area. The case law for a company examining its employees email upheld it was the company's right, while for an ISP reading customers email (without a court order) it was judged illegal. Whether a student paying a university establishes them as an ISP or whether a student is considered an employee is a subject which to my knowledge, has not been legally settled.

  218. Re:One thing in particular *REALLY* bothers me her by MOSFET · · Score: 1

    Hmm, scary. "Big Brother" is out there, and it's a commercial entity. Lovely.

  219. What?? by Fastolfe · · Score: 2

    Where did you hear this? Firstly, this has nothing to do with illegal distribution of MP3's. Even if you *were* legally entitled to a 24-hour "evaluation" period, that CERTAINLY would never give you the right to duplicate or re-distribute duplicated copies.

    Additional ramifications of this assumption include (but are not limited to):

    Video rentals. Why rent when you can buy, watch it, and return it within 24 hours FOR FREE?

    Magazine sales. Buy a mag, read it, return it the next day. Consider that $2.99 a refundable deposit!

    Fast reader? Why rent from the library when you can get a 24-hour rental from the book store?

    Fair use has NOTHING to do with "evaluation" of a copywritten work. Fair use is meant to allow people limited reproduction rights for certain research and educational purposes and to grant certain exemptions for libraries.

    An excellent web site that explains copyright and "fair use": http://fairuse.stanford.edu/

    1. Re:What?? by gad_zuki! · · Score: 2

      If you're not sure if there's a 24 hour evaluation period then why are you posting?

      Obviously, you can't charge $$ for evaluating, so you won't see bookstores handing out copies of anything because they will lose money from losing that potential sale.

      You can buy and return all the magazines you want, just make sure the store's return policy covers it. No copyrights to worry about.

      I suggest YOU read the links you keep tossing out.

    2. Re:What?? by Fastolfe · · Score: 1

      You said:

      MP3 transer also isn't illegal if the recipient keeps it for under 24 hours. Its called fair use.

      Then:

      Just like software, under fair use you can have a 24 hour evaluation period of copywritten materials.

      I said:

      Fair use has NOTHING to do with "evaluation" of a copywritten work.

      Your guaranteed '24 hour evaluation period' for all copyrighted works not only makes no sense, but is not factually supported by any legal documentation or the "fair use" link I provided. That's all I was trying to say.

      It IS illegal to redistribute MP3 files, even if it's within whatever 24 hour window you think you have. It's also illegal to copy CD's to MP3 and then return the CD, keeping the MP3's. "Unauthorized duplication is prohibited." Sound familiar? None of this has anything to do with fair use.

      Now, did I miss something here or were you just confused as to what I was trying to say? Your reply doesn't logically follow mine.