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New Kazaa Lite Protects Identity 668

Denver_80203 writes "Found this story about the new Kazaa K++ 2.4.0 and it's new sister program which claim to protect your identity while sharing files. Any of you folk know how legit this could be? We all knew it wouldn't be long... is this the war or just another battle?"
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New Kazaa Lite Protects Identity

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  • by Salgak1 ( 20136 ) <salgak.speakeasy@net> on Tuesday July 15, 2003 @09:39AM (#6441959) Homepage
    . . .and neither will the response be a surprise: the RIAA et al using a different bunch of IPs, defeating this method. Give them a few weeks, enough to get some new lines provisioned, and they'll be back at their old tricks.

    Just in time for the next move in this move-countermove chess game. . .

  • What's needed.. (Score:3, Insightful)

    by jkrise ( 535370 ) on Tuesday July 15, 2003 @09:41AM (#6441985) Journal
    is protection from R*AA, not identity protection.
  • by bugsmalli ( 638337 ) on Tuesday July 15, 2003 @09:42AM (#6441992)
    for pushing us to come up with ingenous ways to screw them. When the heck will they wake up and realize whatever they try they can't subdue filesharing. Why not just make it easier and rake in some money (read profit. anything more than 0 is...). sheesh. is the org run by a bunch of retards or what?
  • umm (Score:5, Insightful)

    by ramzak2k ( 596734 ) * on Tuesday July 15, 2003 @09:42AM (#6441994)
    Both Kazaa K++ and Kazaa Lite, two very similar modifications to the Kazaa file-sharing system by Sharman Networks, now contain hooks to the PeerGuardian database of IP addresses

    Database of IP addresses is going to protect us ?
    Cmon now. What prevents RIAA from using anonymous IP blocks that they can purchase legally for use?
  • by anon*127.0.0.1 ( 637224 ) <slashdot@REDHATb ... com minus distro> on Tuesday July 15, 2003 @09:43AM (#6441998) Journal
    Blocking the IP address or range of addresses that they suspect the RIAA is using. Yeah, that'll stop them. No way they'll be able to scan from a different IP. I feel safer already.

    Not letting people see what other files a user has might be a bit more useful, but I don't think either of these measures is going to do much to stop the RIAA from prosecuting people.

  • Not true. (Score:5, Insightful)

    by Eric_Cartman_South_P ( 594330 ) on Tuesday July 15, 2003 @09:46AM (#6442041)
    Well, it IS true in the fact that it blocks a known range of RIAA and other "bad" IP's. However, do you really think they wouldn't use random, seperate IP's to do their dirty work? I don't think the "music-searchin-lawsuit-makin" box is sitting next to their Exchange Server. They do have the cash to get some techies who know how to read ZeroPaid and Slashdot and I'm sure the "music-searchin-lawsuit-makin" box is on a completely different class C ip, or even random cable/dsl modems accross the country. Why not? THat's what I would do (uhg, feels dirty to even think like them for a second). That said, the new Kazaalite features are an ok, simple start to something good I guess.

    The new feature that blocks users from seeing ALL files, however, is VERY smart. All 50 million users (pulled that number out of thin air, should be close) now appear to be sharing only the ONE file you searched for. Makes hiding in the sea of users fruitful.*

    * Disclaimer: Don't steal music. :)

  • by Sky-217 ( 44374 ) <marter+slashdot.gmail@com> on Tuesday July 15, 2003 @09:55AM (#6442141)
    "Users of the latest versions of Kazaa Lite and Kazaa++ also have the option of disabling a function that allows remote users to see what other files the user has. "

    If everyone did this, wouldn't that kill P2P file sharing? Isn't that what the RIAA wants to happen anyway?
  • Re:umm (Score:5, Insightful)

    by theNote ( 319197 ) on Tuesday July 15, 2003 @09:57AM (#6442156)
    Entrapment?
    How would using a different IP be in anyway entrapment?

    The only way a case could be thrown out for entrapment is if the RIAA IM'd you and asked you to download a file, then turned around and sued you for copyright violation.

  • by OS24Ever ( 245667 ) * <trekkie@nomorestars.com> on Tuesday July 15, 2003 @09:57AM (#6442165) Homepage Journal
    ...but the RIAA can easily get around this block of 'known' IP addresses.

    To borrow from the other scourge of the internet, They'll just pay people to work from home for $1000s a week!

    All they'll do is pay some one who wants money to run their program using their home DSL, Dial up or Cable Modem. Then the blocking of RIAA's 'known' addresses would become as big as every high speed residential network on the planet.
  • Re:K++ edition (Score:5, Insightful)

    by Karamchand ( 607798 ) on Tuesday July 15, 2003 @09:57AM (#6442167)
    • This PL = 1000 thing is actually rather bad for the P2P network as a whole. If noone sees the need to share files fewer people will share files (specially in the light of recent RIAA threats)
    • Actually your's is a rather bad theory. Because the identity is not your Kazaa nickname (which you can change anyway to anything you want) or anything like that - but it is your IP address. Without fundamental changes to the way FastTrack works (think rewrite in Freenet direction) it won't be possible to hide your identity.
  • Re:umm (Score:5, Insightful)

    by Suidae ( 162977 ) on Tuesday July 15, 2003 @09:59AM (#6442189)
    You, sir or madam, are full of hooie.

    Entrapment laws are very specific and have nothing to do with this.

    The DMCA does not apply because they are the copyright holder and because they would not be circumventing any recognized encryption method (TCP is not an encryption method, regardless of how one tries to twist the definitions of the words).

    This is probably quite legal, and IMO as an occasional trader of copyrighted files, fair play. Unfair play would be if they located my IP address, coerced my ISP into providing my physical address, and then came over for a visit.

    Of course, all they would find is an 'accidentally' unsecured wireless access point connected to my cable modem and a tinfoil hat.
  • Fanning the flames (Score:5, Insightful)

    by Mikey-San ( 582838 ) on Tuesday July 15, 2003 @10:11AM (#6442298) Homepage Journal
    Here's a question that popped into my head while reading this story:

    Is this legal? If so, should we really advocate it?

    If people are stealing music, and a company attempts to block the people from whom the music is being stolen, with the intent of protecting the identity of the pirates, isn't there some line that's being crossed somewhere?

    And even if it /is/ in that legal grey area and isn't clearly illegal, isn't it a really stupid move regardless? It seems like by hiding the people pirating the distribution-prohibited music, it helps give the RIAA /more/ reason to jack up CD prices and impose arm-bending DRM practices.

    No, I don't think music piracy is the big reason why CD sales are falling. It's a larger issue than just p2p apps, but it gives the RIAA /cause/ that they can wave around like a flag in the newspapers and on TV news programs that don't do the proper amount of research into the issue.

    I digress.

    This is really stupid of KaZaA to do, bottom line, I'd say. :-/
  • Re:Well ... (Score:2, Insightful)

    by trevorrowe ( 689310 ) on Tuesday July 15, 2003 @10:14AM (#6442320) Homepage
    I understand your reasonable concern about k++ not concealing your identity. However, if everyone quits sharing files to avoid possible trouble with the RIAA then they have won.
  • Re:K++ edition (Score:3, Insightful)

    by Jucius Maximus ( 229128 ) on Tuesday July 15, 2003 @10:21AM (#6442404) Journal
    "This PL = 1000 thing is actually rather bad for the P2P network as a whole. If noone sees the need to share files fewer people will share files (specially in the light of recent RIAA threats)"

    I don't agree with this because even with kazaa lite, you are sharing by default. So everything you download is automatically shared unless you click that 'don't share' box or move it from your shared directory. And considering that most kazaa users are average folks, they won't bother to configure the application or mess with any settings because they are already happily downloading music. (If it ain't broke, don't fix it.) So most people are sharing whether they know it or not.

  • by dmauer ( 71583 ) on Tuesday July 15, 2003 @10:36AM (#6442554)
    Really, I'm not sure why I haven't seen this used yet. Almost all the major sites out there that provide music content will let you play a 10 or 20 second sample of the music for free (and as far as I know, they don't have to license it), so why can't filesharing system users legally do the same? It just so happens that each user has a different clip... and the software is intelligent enough to piece them back together into one music file instead of me having to do it by hand ;)
    Well, I have at least one idea: What you're describing is a technology whose sole purpose is to flout copyright laws. You may be right -- technically, using this method might be legal. However, it clearly goes against the point of copyright, and it's clearly just exploiting a loophole... which is something that really doesn't sit well with me, and certainly wouldn't sit well with the uber-rich lobbyists who got the DMCA signed in the first place. Don't think that widespread use of something like this wouldn't, in some way or another, result in more nasty restrictions on Fair Use -- I imagine it wouldn't be long before many of the online music retailers who offer short samples of songs would be forced to stop. The idea here is to get active, get the unfair laws changed, and get our fair use back. NOT to find tricky ways to break the law without really breaking the law. -d
  • by shibbydude ( 622591 ) on Tuesday July 15, 2003 @10:37AM (#6442568) Homepage Journal
    Bittorrent trackers do fail quite often. I am sure you haven't used the program enough for that to happen yet. This is a problem especially for larger .torrents. Think of one 800Kb file being downloaded 10 million times, like when the Matrix reloaded was released. 800 x 10000000 = 8000000000 or 8 billion Kb or 8000 GB of bandwidth. Now, can your fileserver sustain 8000 GB of bandwidth in tracker files, not to mention the initial few seeds? We are talking serious server-rot.
  • by glesga_kiss ( 596639 ) on Tuesday July 15, 2003 @10:43AM (#6442628)
    2 weeks later, it (same version, same install) found it again even though I had only been using Phoenix in the meantime.

    Well, something on your system is clearly re-installing Gator without your permission. Most adware-funded packages crippled if you forcably remove the spyware components. They will attempt to repair themselves if this happens.

    The fact is, AdAware found it and removed it. You check back a few weeks later and it was back. How is that AdAware's fault?

  • by Croaker ( 10633 ) on Tuesday July 15, 2003 @10:45AM (#6442653)
    A) You can bet your bottom dollar that Amazon, CD Now, etc. al. have an agreement in place with RIAA (or the individual recording companies) that governs those clips on their site. Likely, there's a limit to the length, and there's a limit to what they can take from a song (i.e. first 20 seconds, etc.), and a limit on the sound quality (most places I've been too usually have low-quality clips, some even in mono). Many of the clips I hear also fade in and out, which would make them useless for "cobbling together" a full version of the music.

    Actually, I would be surprised if Amazon and others do the sampling themselves. Most likely, they are supplied with the samples by the record companies themselves. Check out several web sites. Are the images, audio samples, and even copy about the albums any different from one site to another?

    B) Intent also enters into sampleing under fair use. If I write a review of the new Harry Potter book that quotes from the scene when a certain character dies, and uses a quote to reveal the ending of a book, I could be sued if it seemed my intent was to get people not to buy the book. Extracting material from a work for the expressed purpose of damaging the commercial viability of the work is not allowed.

    Now, do you want to face a judge and explain why you and your friends were hosting random 20 second perfect quality samples of music in light of the fact that a system exists that would recombine them into a perfect copy? What compelling 'fair use' intent could you claim? Throwing up your hands and saying "lordy! the law lets us use samples as fair use" isn't going to cut it.

  • Re:Great! (Score:4, Insightful)

    by gl4ss ( 559668 ) on Tuesday July 15, 2003 @10:49AM (#6442696) Homepage Journal
    It's down because college geeks are not at campuses for summer. Seriously, how can you make any figures on usage especially when users switch between networks and programs so much.
  • by Anonymous Coward on Tuesday July 15, 2003 @10:51AM (#6442711)

    Yeah, well nobody seems to want to stop the RIAA, so the public does whatever it can to make things somewhat fair again. They steal and barely even get a slap on the wrist. We steal and they want to send us to jail for 20 years. What kind of bullshit is that?

  • by Anonymous Coward on Tuesday July 15, 2003 @10:53AM (#6442727)
    If you think that 128kbps is an acceptable level, then you are a fool. 99% of people can't differentiate between 128kbps and CD quality, and even if they could, the marginal added value would certainly not be worth (leitimate copy equivalent price).

    Radio stations exist due to advertising and payola. They tell you what to listen to, plus or minus the constraint of being /just interesting enough/ to keep you from switching channels. P2P has no such restrictions.

  • by Anonymous Coward on Tuesday July 15, 2003 @10:57AM (#6442765)

    which is something that really doesn't sit well with me, and certainly wouldn't sit well with the uber-rich lobbyists who got the DMCA signed in the first place.

    Ok, as soon as you figure out how to beat the uber-rich at the lobbying game, you let us know. Yeah yeah... go vote, I know. I already do that. The problem is that there are so damn many laws out there that nobody can understand it all or even form an opinion on most things anymore. Unless you're a lawyer, and even then you have to specialize to be any good, you're not going to understand the law. They pile law on top of law on top of law, and damn little ever gets removed. So basically it comes down to the fact that its hard to educate people about why something is bad when you have to try to explain not only the law, but also various court rulings, especially in not-so-well defined areas such as fair use. People's eyes roll back in their heads and they simply accept that they don't understand and that they won't be able to understand, and therefore they can't care about it.

  • If only... (Score:5, Insightful)

    by revmoo ( 652952 ) <.sw.peem. .ta. .todhsals.> on Tuesday July 15, 2003 @11:04AM (#6442821) Homepage Journal
    The thing is, the RIAA has subsisted all along on being the middleman. They don't really DO anything. Sure they promote new albums.......oh wait, no they don't, they have ad agencies and their ilk to do it. I know, they press cds......oh wait, no they don't, they outsource it to record pressing companies.

    The RIAA(meaning the record companies) only exists because the artists and the consumers haven't really questioned their existence. Artists stand to make a lot of money without the RIAA in place. Why not make all music free? If you want to brave the p2p networks for different quality mp3s and such help yourself. OR, you can pay $5 directly to the artist to download the cd from their website.

    Artists can make MORE than enough money from licensing their music(think movie scores, and commercial soundtracks), and live performances. Without having to pay large portions of their income to the record companies, artists stand to make a LOT more money, once the RIAA is gone.

    The artists you see fighting p2p etc, are the ones that NEED the RIAA to survive. I'm talking about the sell-out corporately manufactured groups that wouldn't last if the RIAA wasn't there to spam their name all over the radio and mtv every 10 minutes. Those are the only artists that NEED the RIAA, and if we lose them, frankly, here is one slashdot poster that could care less.

    It's not that I mind paying for music, but isn't it about time for a paradigm shift? Natural selection has provided an easier and better way to get new music and the record companies are a dying breed.

    I have a couple thousand mp3's on my hard drive that I didn't pay for, but I also have heard a lot of new artists that I will jump at the chance to see live, or buy merchandise from.

    I'm a bit of an aspiring dj, and I buy records from artists that I've heard and liked through p2p. If it wasn't for p2p those artists wouldn't have had my purchase.

    The problem doesn't lie with the consumer.
  • by vegetablespork ( 575101 ) <vegetablespork@gmail.com> on Tuesday July 15, 2003 @11:08AM (#6442852) Homepage
    Damn, that's the best idea I've read yet! Somehow, though, it would have to be enforced for searches across all the users (e.g. searching for Red Hat ISOs). For that, I'd envision a protocol that negotiated some kind of image whose pseudo-word would be good for that one search.

    Of course, eliminating the ability of the *AA to trawl the networks with bots would yield an escalation, two of which I'll guess:

    • *AA outsources trawling to China or India, where it can be done by prisoner or cheap hired labor respectively.
    • *AA pays a bounty for ordinary people to manually search and turn in their peers. This would also allow them an out on the perjury clause of the DMCA, by requiring the snitch to sign a statement under penalty of perjury

    I still think a Turing test for searches as you've proposed is a step in the right direction.

  • by Anonymous Coward on Tuesday July 15, 2003 @11:24AM (#6443004)
    Actually, your challenge idea is an excellent quick fix for the R*AA problem in Kazaa (FastTrack).
    Generate a challenge that is a hash code based on the file size - that way when downloading from multiple sources, no need to repeatedly enter in a response.

    Can anyone think of any problems with this concept?
  • by oni ( 41625 ) on Tuesday July 15, 2003 @11:28AM (#6443044) Homepage
    2. Use more draconian law enforment techniques. Posibble but I mean whata ya gonna do... start sending colleage kids to prison ? For what stealing a Brittney track ? Is this what we want ?


    no. it's not what we want. But when has that ever stopped the government from passing a draconian law?

    Drug laws, for all thier good intentions definitely fall into this category.
  • by werdna ( 39029 ) on Tuesday July 15, 2003 @11:39AM (#6443163) Journal
    Judge Richard Posner, a highly regarded Seventh Circuit Judge recently wrote an opinion upholding the Aimster injunction [uscourts.gov] that tends to suggest that identity protection for file sharing is more likely to support a claim for contributory infringement of the vendor than not. The opinion, while troublesome in many respects, is probably the most intelligently written articulation of the 9th Circuit Napster reasoning we are likely to see, and will likely be deemed a persuasive authority by most District Court Judges. That is, until and unless the Supreme Court speaks clearly on whether they meant what they said when they wrote in the Sony Betamax case, that regardless of evidence of wrongdoing there can be no contributory liability for distribution of technology that is capable of a substantial noninfringing use.

    My problem with the Napster, and now Aimster, opinions is simply this: the 9th Circuit adopted a broader view of the liability of a technology manufacturer in the Sony Betamax case, essentially a "substantial infringing uses occur means infringement by vendor" test, which was discredited and reversed in Sony, which adopted the "substantial noninfringing use possible means no infringement by vendor," almost the very opposite result. It is hard for me to understand why, when the 9th Circuit essentially brought back the same analysis in its Napster opinion that got "sent home" in Sony, that Judge Posner would so freely adopt it here. To be fair, he explains his reasoning very, very well -- I just don't find it persuasive in view of the law and its underlying policies -- contribution isn't about expanding copyright to permit technology regulation.

    To me, the question isn't whether the technology is being used poorly -- even by most users -- if it is capable of a substantial noninfringing use -- in which case there should be NO liability for contribution. (To get a sense how far the Supreme Court went, there was survey evidence before the District Court showing that 50% of the Betamax users were doing some infringement.) The question should be whether the technology vendor was affirmatively and actively inducing others to engage in infringement, as was the case in Napster and, arguably, Aimster.

    Time will tell. But until the Supreme Court gets to this, it looks like the Posner account of Napster will be the final word on this question of law. Note, however, that his remarks on identity protection as indicia of wrongdoing are very troubling -- one of these days, perhaps in a few more years, perhaps, if we don't have any more tall buildings hit by planes, we really need to affirmatively try to get the courts and the Congress focused on privacy again.
  • by jtrascap ( 526135 ) <(bitbucket) (at) (mediaplaza.nl)> on Tuesday July 15, 2003 @11:50AM (#6443293)
    Let's seperate the two - what you Kazaa is a seperate issue.

    The whole idea of "stealing" a public hotspot is stupid - if it's public, then your access to it isn't stealing. If it's private, it's got 128-bit WEP encryption and is closed - right?

    It's like leaving the water on in your house, watching it flow out onto the street and then crying foul when people line up with buckets...
  • by Anonymous Coward on Tuesday July 15, 2003 @12:00PM (#6443395)
    The artist gets a certain amount for the concerts, definitely more than for CD distribution, but more importantly, the record companies overhead is completely driven by the CD sales. That means marketing, PR, manufacture, printing, distribution, etc. is all financed through those sales.

    The companies are losing crazy money right now because all those "performers" (in the sense that they perform as actual musicians) can't sell their overhyped albums because there are better ways to acquire the maybe one good song on it. And that song is NOT worth 15-17 dollars.

    Here's another aspect of it all...look into interviews with long lasting bands that don't suck lately (read: Metallica). I mostly buy CDs of hard rock bands from the 70s or so. Zep, Rush, Stones, Who, etc. Most of the time when they're interviewed they're pretty cagey about the subject of mp3 sharing, but for the most part, they don't care, because their sales aren't affected nearly as much as the teen pop, 15 minutes of fame MTV "artists" who don't even write their own music.

    What pisses off the RIAA guys is that that is the sad truth of it for them and they know it.

    The other part of it killing them is that maybe ten years ago, if I wanted my own playable on-demand copy of Cheap Trick, I Want You To Want Me, from Live at the Budekon, I bought the CD. Now, I just download it. Right there the record company lost about a 10 out of 17 dollars in operating overhead. That's 10 dollars of lights, janitors and neo-nazi RIAA member executives that I just stole from them.
    So now there's another whole market lost for them. Unless you're really into, why buy yesterday's music?

    That's why their pissed. And just remember, we're not talking about "smart" corporations anyway. Time Warner is one of the biggest music distributors out there, and who did they align with? Yeah AOL, that's who.
  • by Deathlizard ( 115856 ) on Tuesday July 15, 2003 @12:02PM (#6443426) Homepage Journal
    Pretty much works the same way as Security Through Obscurity if you ask me.

    Although it blocks users from browsing your files and blocks queries from known malicious IP's It would not stop the RIAA from downloading from you from a not yet known malicious IP, Proxy, wierd "Save the Music Industry" Campaingn where they pay you to hunt down P2P Users, ETC.

    Basicially if they do a search for "St. Anger" on Kazaa, Download it, and verify that it is "St. Anger" they have an IP going to somewhere. And that IP now has a big red Bullseye on it whether it's a proxy, a user or whatever else that could obscure your idenity.

    The only way to truthfully be anonymous is to be encrypted, swarmed and stored all over the place by hundreds of users like Freenet does it, and even that gives them an IP to paint a target on with the excuse that even though you dont know what your PC is sending thats no excuse to infringe. Although the courts would have to decide that.
  • by nurb432 ( 527695 ) on Tuesday July 15, 2003 @12:40PM (#6443785) Homepage Journal
    They could just send 'cease and desist' to each single user.. and request letter to the corresponding ISP to shut the user down.

    One file is just as 'illegal' as one thousand..

    Only costs them a few pennies to send it out. Then prosecute for big bucks the people that don't obey the order.

    Not much different then the old days of mass mailing US-mail Spam.. I bet they would eve get a bulk rate :(
  • by flandar ( 639569 ) on Tuesday July 15, 2003 @12:59PM (#6443967)
    Whats wrong with exploiting a loop hole. It worked for OJ. It works for Enron. Big business is always exploiting loopholes to avoid taxes and jail. Its about time that the common man begins to exploit loopholes.
  • by syukton ( 256348 ) on Tuesday July 15, 2003 @01:17PM (#6444091)
    The threat of being accosted by the RIAA is reduced significantly when one has a dynamic IP. Even moreso, when one has a dynamic IP that changes on an hourly basis, and is not tracked by the ISP providing IP services. One feasible way to foil the RIAA's plans to track down users based on IP, are for ISPs to band together and establish a new "anonymous" internet access standard. ISPs which don't keep logs of which IP belonged to which user at which time, and then forcing a new IP on every user on an hourly (or hourly + random number of minutes) basis.

    Then when the RIAA with their lawyers and their hounds and their warrants show up on the doorstep at SomeISP.com, SomeISP.com can shrug and say "Sorry, we don't know who was using those IPs at those times; we don't log that information. Oh and those IPs that you're curious about aren't unique to a single user from one hour to the next, either."

    Although such an extravagant system is hardly required if ISPs will just...not keep logs of who has which IPs at what times. That right there is really all that's necessary in order to put a stop to the threat of the RIAA. If they've got no way to "lookup" your IP and "resolve" it to your name and address, they're up the creek without a paddle. heh. Unfortunately I think that this kind of tracking is required by law. =\

    An intermediate proxy layer is probably required to protect peoples' identities while maintaining responsibility to the law. If no data were transferred directly from peer to peer, but all data passed through an anonymizing proxy service, then there would be no way to track individual IPs to individual users. The proxy service would have a range of IPs that it would block from using the service; mostly overseas numbers and government agencies. But the proxy service would have to be generically available for any level and type of data transfer on the internet, so nobody can say "That proxy network that soandso developed is just there to make piracy easier!" .. the proxy network needs to be depolyed as an anonymous internet access service, it needs to be marketed like that, and if need be it needs to be defended in court like that.

    To make an analogy, creating this proxy service is much like becoming a gun manufacturer. People will show up on your doorstep (the RIAA, their hounds, their lawyers) and proclaim loudly that you are irresponsible and you make only tools of destruction (destruction of their capitalistic heirarchy which dictates that they get boatloads of cash and the music creators themselves get jack). But when you refute their claims you need to make sure that you do so from a platform of freedom and independence, a platform of neutrality that doesn't advocate breaking the law, but one that does acknowledge that it may be possible for the law to be broken through the use of its products. Care must be taken to portray the proxy service as a simple anonymizing service without advocating any one single use or purpose. Smith & Wesson don't say that their guns are only good for killing people; but they do say that they make damn fine guns. It's all in the marketing and the picture you paint for people to see.
  • by mrmag00 ( 200868 ) on Tuesday July 15, 2003 @01:39PM (#6444292) Journal
    No. This is the same thing as 'the locked door' analogy. If it is advertised as a public, free, hotspot- you can assume it is safe to use it. But otherwise it isn't.

    If I lock my door on my house, you can still easily get in. That doesn't mean me not locking (or forgetting to lock) the door is inviting you to come in.
  • by andrewski ( 113600 ) on Tuesday July 15, 2003 @01:44PM (#6444352) Homepage
    It just so happens that each user has a different clip... and the software is intelligent enough to piece them back together into one music file instead of me having to do it by hand ;)

    I'm not going to kill this person, I'm going to pull a lever that rotates a gear that kicks a boot into a cow, making her angry enough to kill the stablehand.

    Net result is the same, and the intent was the same.
  • by ArcSecond ( 534786 ) on Tuesday July 15, 2003 @01:51PM (#6444426)
    "Although the courts would have to decide that."

    Bzzzzzzzzt! Wrong. They never will, because the RIAA is NOT going to target anybody who can mount an effective defence, therefore the issue will never get TO the courts for them to decide ANYTHING.

    At least, if everything goes according to the RIAA's plan...
  • by Anonymous Coward on Tuesday July 15, 2003 @01:54PM (#6444452)
    with the excuse that even though you dont know what your PC is sending thats no excuse to infringe. Although the courts would have to decide that.

    Well, some courts have decided that: http://www.ca7.uscourts.gov/op3.fwx?submit1=showop &caseno=02-4125.PDF [uscourts.gov]

    From the decision, in relevant part:
    We also reject Aimster's argument that because the Court said in Sony that mere "constructive knowledge" of infringing uses is not enough for contributory infringement, 464 U.S. at 439, and the encryption feature of Aimster's service prevented Deep from knowing what songs were being copied by the users of his system, he lacked the knowledge of infringing uses that liability for contributory infringement requires. Willful blindness is knowledge, in copyright law (where indeed it may be enough that the defendant should have known of the direct infringement, Casella v. Morris, 820 F.2d 362, 365 (11th Cir. 1987); 2 Goldstein, supra, ? 6.1, p. 6:6), as it is in the law generally. See, e.g., Louis Vuitton S.A. v. Lee, 875 F.2d 584, 590 (7th Cir. 1989) (contributory trademark infringement). One who, knowing or strongly suspecting that he is involved in shady dealings, takes steps to make sure that he does not acquire full or exact knowledge of the nature and extent of those dealings is held to have a criminal intent, United States v. Giovannetti, 919 F.2d 1223, 1228 (7th Cir. 1990), because a deliberate effort to avoid guilty knowledge is all that the law requires to establish a guilty state of mind. United States v. Josefik, 753 F.2d 585, 589 (7th Cir. 1985); AMPAT/Midwest, Inc. v. Illinois Tool Works Inc., 896 F.2d 1035, 1042 (7th Cir. 1990) ("to know, and to want not to know because one suspects, may be, if not the same state of mind, the same degree of fault)." In United States v. Diaz, 864 F.2d 544, 550 (7th Cir. 1988), the defendant, a drug trafficker, sought "to insulate himself from the actual drug transaction so that he could deny knowledge of it," which he did sometimes by absenting himself from the scene of the actual delivery and sometimes by pretending to be fussing under the hood of his car. He did not escape liability by this maneuver; no more can Deep by using encryption software to prevent himself from learning what surely he strongly suspects to be the case: that the users of his service--maybe all the users of his service--are copyright infringers. This is not to say that the provider of an encrypted instant-messaging service or encryption software is ipso factor a contributory infringer should his buyers use the service to infringe copyright, merely because encryption, like secrecy generally, facilitates unlawful transactions. ("Encryption" comes from the Greek word for concealment.) Encryption fosters privacy, and privacy is a social benefit though also a source of social costs. "AOL has begun testing an encrypted version of AIM [AOL Instant Messaging]. Encryption is considered critical for widespread adoption of IM in some industries and federal agencies." Vise, supra.
    Our point is only that a service provider that would otherwise be a contributory infringer does not obtain immunity by using encryption to shield itself from actual knowledge of the unlawful purposes for which the service is being used.
    (emphasis added)

    Small wonder this opinion is by Posner from the 7th Cir., known for being an industry goon. (He's from the Chicago school of 'screw the little guy' economists, as is Scalia, and many other jurists with sway.)

    The point however is that merely encrypting files does not provide a defense. Likely, you'll still get sued, if you infringing use becomes large enough to attract one of the factory robot lawyers the RIAA is about to retain.

    I would urge developers to read the 7th circuit opinion carefully. It lays out some tests for what a 'safe' p2p application can show to avoid liability. If others are interested, I'll follow up with a list of suggests for a bittorrent sister app I'm making that carefully follows the rules of the 7th circuit.
  • Re:Why? (Score:2, Insightful)

    by David Hume ( 200499 ) on Tuesday July 15, 2003 @02:09PM (#6444584) Homepage

    Jury nullification.


    Jury nullification is very rare. It is certainly not something you can count on to say with 100% certainty that "the RIAA will *LOOSE*. And they know it."

    With all due respect, I think you are engaging in wishful thinking.

    Frankly, I don't think the RIAA will *EVER* go to trial. They know if they loose once, their threat goes bye-bye. They will try to settle or, failing that, drop the case due to a "lack of evidence".


    This also isn't realistic. If they lose one at the trial court level, it isn't a binding precedent. (Particularly if the loss is due to jury nullification.) It isn't like they can't afford to file more suits. All they have to do is keep trying until they find a jury that actually follows the law (which shouldn't be that hard to do) and then ruin somebody. Then they will have their headlines and their head on a pike.

    Anyone who thought they were safe after a single case of "jury nullification" would be an utter fool.

  • by ScottForbes ( 528679 ) on Tuesday July 15, 2003 @06:18PM (#6447407) Homepage
    Although such an extravagant system is hardly required if ISPs will just...not keep logs of who has which IPs at what times. That right there is really all that's necessary in order to put a stop to the threat of the RIAA.

    It would also make it difficult for the ISP to find out which user(s) are spamming, defacing other websites, or launching denial-of-service attacks. Anonymity may be a desirable goal for the user, but it's probably not so good from an ISP's point of view.

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