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The Courts Government News

Napster Judge Groks Filename Variation 238

A reader writes: "Apparently the Napster Judge has thrown her hands up on the case. Napster has argued, successfully, that they cannot keep up with all the file name variations (and there's an interesting argument for the "Fab Four")."
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Napster Judge Groks Filename Variation

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  • by Anonymous Coward
    The only differences between Napster and the radio is that you can choose what you hear with Napster software and Napster doesn't pay ASCAP or BMI. To the enduser, the latter is immaterial.

    I agree that this Congressman doesn't have a clue. However, even though Napster use does not constitute theft of property, it may constitute copyright infringement -- especially since there is large-scale trading and nobody is getting paid for it.

    To put it another way:

    Scenario 1: Your mother hands you $20 in cash on your birthday.

    Scenario 2: You see several rioters looting a store. One of them reaches into the cash register and hands you $20.

    The only differences between Scenario 1 and Scenario 2 are that the rioters in Scenario 2 didn't have a right to distribute the cash. To the person receiving the $20, the differences in how the cash was obtained are immaterial. :-)

  • by Anonymous Coward
    Phonetic based search systems are language specific. Phonetic based search systems can not handle intentional or significant spelling mistakes involving extra consonants, switched syllabals, etc.

    Now, your brain is a giant pattern matching system which can handle significant spelling mistakes. Napster is extremely popular and users will do anything to bypass filters.

    So tell you want, you go out and build a pattern matching system a few thousand times faster than the human brain which can understand a few dozen languages and come back.
  • by Anonymous Coward
    Can you blame them?

    Yep, they're the government. Being a target for blame is one of there most useful functions.
  • by Anonymous Coward on Friday April 27, 2001 @05:29PM (#260549)

    Dude, your connection will get dropped faster than VA Linux's stock price.
  • by Anonymous Coward on Friday April 27, 2001 @11:16PM (#260550)
    It hasn't been shown that Napster hurts album sales, although the industry is already blaming it for a decline in the sales of singles.

    As for artists making a living, I think it's more important for them to hang onto commercial copyright (and get good contracts -- contracts that don't make them pay for the "privilege" of surrendering exclusive control of their recordings and copyrights to the record company) than to control non-commercial copying. There will always be a lot of fans who want to buy official product if it's available, and hasn't been bollixed up with watermarks and copy protection.

    The bigger issue is that computer technology has called into question the value that the record companies add, and the degree to which they should be allowed to reap the benefits of the copyright incentive the PUBLIC provides to the ARTIST. Instead of answering this question by providing more value to citizens, customers, and artists, the record industry has gone all out to maintain and increase their control at others' expense. What they don't realize is that their own actions have placed them into a tar pit, and the more they lash out against the rest of us in their struggles, the deeper they will sink into the tar pit. With their back catalogs, I doubt that they'll go bankrupt, but I'm certain there will be a heavy financial price to pay just when they least expect it.

    And it's so easy to avoid! All they need to do is to reevaluate their business from the perspective of "what do artists, customers, and the public need, and how can we make a profit serving them on their terms?". I could do that, and I'm not even a lawyer or a musician! Instead, they react to the strategic inflection point caused by new technology with an apparent attitude of "What rose-colored view of reality would make us most comfortable, and fit in with the way we like to do things? How can we force people to conform?"

  • by Anonymous Coward on Saturday April 28, 2001 @01:04AM (#260551)
    I'm not really sure who the fool is in this case--we don't have enough information. Here's a closer look:
    I believe the United States government should always remain within the boundaries set in the Constitution by our Founding Fathers.
    So far, so good.
    Regardless of the length of time the copyright laws allow private ownership to the original creators of a piece of material, I do not believe the material is constitutionally required to be surrendered to the government.
    This, technically speaking, is true. Material becomes public domain after the expiration of copyright. The public domain is not the same as government ownership. Why he's talking about government ownership of ideas, I don't know. We really need to see your original letter to understand the context. Either you said something unclear in your letter, or he's smoking crack and thinks public domain==government ownership and that copyright is not limited--there's not enough information to decide.

    Please follow up with more info, GemFire. I'd appreciate seeing your original letter.

  • by Anonymous Coward on Friday April 27, 2001 @05:33PM (#260552)
    So, if I, tonight, crank out some electronic-oid bit of dance music, and decide to put it in the public domain, I cannot use Napster to distribute it, because I haven't first told them it was ok? I think not.

    The RIAA is required to tell Napster what to remove, according to the appeals court ruling. Until they can do that, Napster is doing what is required of them, legally. Morally? That's another question altogether, and one our court system is not capable of answering.
  • by Anonymous Coward on Friday April 27, 2001 @06:17PM (#260553)
    oh come on...

    The best way to rebel sometimes is to *bend*. Witness Felten - he very gracefully accepted the fact that the RIAA was trying to silence him, did 'exactly what he was told to do' by them, and gave a worse black eye to the RIAA by doing so (in the form of more press, more negative publicity, etc.)

    As far as napster goes, well, they've pretty much shot holes in the RIAA's position by saying to the judge 'you know... this whole filename thing isn't going to work', and then *trying their best* to implement the courts order.

    And you know what? the whole filename thing DIDN'T work. They were VINDICATED. That gains them credibility in the judge's eyes.

    Sometimes the best thing to do is bend. Most times, in fact. The alternative would have been them to go out in a 'blaze of glory'.

    Ed

  • by Anonymous Coward on Friday April 27, 2001 @05:40PM (#260554)
    It would be real nice if you and others that get stupid replies from elected officials would publicly post them on a website somewhere. Or even the non-stupid replies - That would help people vote next time.
  • by farrellj ( 563 ) on Friday April 27, 2001 @07:06PM (#260555) Homepage Journal
    Back in the days of Electronic Bulletin Board Systems, many BBS softwares tried to "police" the language of the users, to make sure that words like Fuck, Shit, and all of that list of the famous 7 words and their cousins were not able to be posted...and many ways were found to get around this...so much so that they eventually gave up. Someone should have asked a computer historian if trying to block specific words would everwork...and saved a lot of time, money and frustration in this case.

    ttyl
    Farrell
  • by jzitt ( 1054 )
    So, if I, tonight, crank out some electronic-oid bit of dance music, and decide to put it in the public domain, I cannot use Napster to distribute it, because I haven't first told them it was ok? I think not.

    This, BTW, is precisely where the EFF Open Audio License [eff.org] may do the most good: it's an affirmative way to say that yes, Napster and similar tools may distribute it with the full consent of its creators.

    Of course, there is the challenge of being sure that the "(O)" marker on an MP3 was indeed put there by the creators. I wonder if the EFF et al have any plans for any sort of registry, just in case.
  • The burden is on Napster to obey the law, just like it is for everyone else. They can't turn a blind eye to the copyright infringement that is going on and claim that "oh, I didn't know about *that* case also!" Imaging you trying to argue that before you can get a speeding ticket, you would have to have a cop warn you and a speed limit sign would need to be on every block. This is not good news for Napster. The judge's earlier decision was a compromise to try and let Napster survive. But, just like a pizza delivery company which can only stay in business if their drivers speed and run red lights, the likely result of failure to stay within the law is for the company to go out of business. Now, I have problems with the length of time that the current copyright laws keep works from entering the public domain, I don't like the DMCA, and I would even support compulsary licenses in many cases. However, much of Napsters contributory infringement is on recent works and I can't see getting rid of copyrights all together.
  • Please cite this law. I don't think you can.

    The only reason radio stations can play nearly any song is because they pay a subscription fee to the RIAA allowing them this ability.

    Not to mention radio stations only play songs off the newly release albums that have been authorized by the label as released singles. I don't think there is a coincidence there, I think they control what the radio stations do play because of their desire to effectively market albums.

    But then you are going to cite this law which shows I'm dreadfully wrong.
  • by A. Craig West ( 3907 ) on Friday April 27, 2001 @05:15PM (#260561)
    One thing that I haven't seen mentioned regarding this whole filtering mess is that Napster is using some very broad rules for filtering songs. For example, any file that has the word 'Four' in it's name is being filtered. That would include track four of every CD listed... I guess this was an attempt to deal with the Beatles/Fab Four issue. Among other things, this aggressive filtering is severely affecting my room-mates ability to distribute his own music on Napster.

    There are a lot of pages of instructions for what to do if you want to add a song to the filtered list, but for some reason Napster supplies NO information on what to do if a song that you hold a valid copyright on is being blocked for no reason.
    Should this type of thing be brought to the attention of the judge?
  • Courtney love didn't justify Napster, oh no she said "Fuck napster" from Courtney Love takes on RIAA on Salon [salon.com] Technology is not piracy This opinion is one I really haven't formed yet, so as I speak about Napster now, please understand that I'm not totally informed. I will be the first in line to file a class action suit to protect my copyrights if Napster or even the far more advanced Gnutella doesn't work with us to protect us. I'm on [Metallica drummer] Lars Ulrich's side, in other words, and I feel really badly for him that he doesn't know how to condense his case down to a sound-bite that sounds more reasonable than the one I saw today.
  • WRONG WRONG WRONG!

    Stop propagating this myth

    Actually they make their money from publishing rights. Read the definitive state of finances for small bands

    major lables: the problem with music [arancidamoeba.com]

    (Albini forgets to mention the procedes from publishing, other than the advance, but in this case it would have been something on the order of $0.08/track, at 10 tracks a record, $0.80/record, adds up to $200,000 for this band, coming straight from BMI/ASCAP, the record companies get none of this) Add up the figures for playing on the road, net income -$15,000.
  • by ewhac ( 5844 ) on Friday April 27, 2001 @05:19PM (#260570) Homepage Journal

    Downloading copyrighted material without permission of the owner is a CRIME. [ ... ]

    Yes. So is driving faster than 65. What's your point?

    Schwab

  • I've lived in a couple different states in the US, yes, automatic suspesion of license, no arrest or DWI conviction, you agree to the suspension of license when you ask, yes ask, for the privilege of driving on roads paid for by everyone, not just you.
  • The point is that it's none of my business what you're drinking in the privacy of your apartment, but it is most certainly my business what you are drinking while you're sharing the road with me. The "right to privacy" does not include the right to endanger others (the usual analogy is, your right to swing your arms around stops where my nose starts)
  • They can't turn a blind eye to the copyright infringement that is going on and claim that "oh, I didn't know about *that* case also!" Imaging you trying to argue that before you can get a speeding ticket, you would have to have a cop warn you and a speed limit sign would need to be on every block.

    Except those are exactly the rules of the DMCA: the copyright holder must inform the publisher of the exact location of the infraction, then the publisher takes the infringing work down, and if the user wants they can appeal to have it put back up if they sign an affidavit that it is in fact not a violation. There is specifically no requirement that online publishers police their content, because it's impossible to maintain a modern interactive online presence and police anything 24/7. To hold Napster to such a standard would effectively shut down /. and k5 too.

    The reason that you don't have to be warned by a cop for every traffic violation is because your use of the privilege of a driver's license means you agree to abide by traffic regulations. Napster is abiding by the governing law (the DMCA), although I admit that most of it's users are not. The RIAA just wants Napster to do the hard work that the RIAA signed up for when they got the DMCA passed.

    Caution: contents may be quarrelsome and meticulous!

  • by jekk ( 15278 ) <mcherm@mcherm.com> on Friday April 27, 2001 @05:28PM (#260581) Homepage
    Downloading copyrighted material without permission of the owner is a CRIME. [ ... ]
    Yes. So is driving faster than 65. What's your point?
    And that's EXACTLY why we must implement STRICT ENFORCEMENT of speed limit laws! Modern technology should be used to prevent this ILLEGAL activity! All car owners should be required (at their expense) to purchase a special ENCRYPTED AUTOMOBILE ID TRANSPONDER, which would generate little electronic signals capable of being detected. That way, people who speed can receive the fines that they deserve. In fact, if we implement this system immediately, here in the US we'll even be able to afford W's TAX CUT, since the revenue from fines will quickly reach the 10s of billions.

    -- Michael Chermside

  • by sith ( 15384 ) on Friday April 27, 2001 @05:00PM (#260582)
    It would be nice if Napster (the corporation) had a way to gracefully disappear, without giving the record companies total victory. From what I've seen, napster (the application) is essentially useless at this point, and its too late for anything to be done about it. They have totally alienated the user base that they were relying on to support them through their trial, while at the same time continuing to alienate the record companies, leaving them floating without any real purpose.

    As Jello Biafra said at Hope 2000.. (paraphrased) "Napster is cool now and all, but will you like them as much when they're the next Disney?"

    The rebelious attitude is gone.. the music is gone.. it is time for napster to be gone.
  • by gehrehmee ( 16338 ) on Friday April 27, 2001 @07:39PM (#260583) Homepage
    This is a perfect example of why Napster is not the guilty party here. It's the individual people, those sharing the music, that are infringing. Think about it for a moment: The users of Napster are using (admitidly simple) encryption mechanisms to trade songs without getting caught. Now the recording industry is asking the government to force Napster to find a way to defeat that mechanism. Even putting aside the possibilities of tying in the DMCA, this clearly shows that the sharing of songs is beyond the control of Napster, and forcing them to cease would be an unreasonable burden on what can only be called a bystander.

    Of course, the RIAA will never, en masse, go after the users of the songs. Those are the people who buy their music.
  • Perhaps, but realize that if it's the content that's the issue, then Napster is in the clear under the DMCA anyway. They're content providers, and as long as they block any user content which the RIAA (or the copyright owner) tells them is illegal (and presumably that they can verify as being illegal) then they are doing nothing wrong. The RIAA told them which filenames were illegal, Napster did their best to block them. They're a content provider, having complied with the RIAA in this case, so until the RIAA says that another user is sharing copyrighted material under xxx filename, they have no problem.

    Or shouldn't anyway...
  • Read up on freenet. In a very small nutshell, it stores pieces of files, encrypted, on lots of different people's servers. For example, it might encrypt an mp3, split it into 10 parts, and store it on 30 servers (for redundancy). Now it's the internals of freenet that determine where each piece is (all encrypted of course) and how to correctly put them together. This means that the HOSTS are safe--they don't know what they have and have no way of deleting JUST the copyright infringing data. Since they can't decrypt it, they'd have to delete it all to get rid of the illegal stuff. That's not something the RIAA has the power to do, if they can even prove you're hosting the stuff in the first place.
    However the end user who downloads the materials is liable. In fact, that's how it should be, ultimately.
  • by dillon_rinker ( 17944 ) on Monday April 30, 2001 @05:55AM (#260586) Homepage
    Exactly which taxpayer dollars are being spent here?
    The judge doesn't work for free, you know. Nor was the courtroom constructed without cost. The staff who work behind the scenes filing and typing for the judge (and who do 99 % of the work, I'm sure) also need to be payed.

    In short, unless someone is required to pay the court costs, the U.S. taxpayer will be footing the bill for the trial.
  • Scenario 3: You see several rioters looting the store. One of them reaches into the cash register and photocopies a $20 bill, hands you the copy, and returns the $20 dollar bill into the cash register.

    The only difference between Scenario 2 and 3 is the author of Scenario 2 needs a clue.
  • Huh? Court cost are of course going to be paid by RIAA, or possibly Napster if they loose, there really isn't any chance that the judge would rule otherwise ??? What crack have you been smoking
  • by marxmarv ( 30295 ) on Friday April 27, 2001 @08:34PM (#260594) Homepage
    Of course she's bought and paid for. She was the mayor of San Francisco!

    We tried voting her out, but lost something like 40-60. The op-ed columns were surprisingly uniform in their labeling of Tom Campbell as someone who "doesn't quite have what it takes" to make it in the Senate, and even more consistent in portraying her prolific selling-out as "effectiveness" and "getting things done". You can search for some of the juicy tidbits at Media Awareness Project [mapinc.org]. Here's just one sorry example [mapinc.org], with glowing references to the Maxxam Headwaters buyout.

    Slashdot readers ought to vote against her based solely on her continuing support of the CDA. Californians ought to vote her out simply because she's as corrupt as they come. 5.5 more years...

    -jhp

  • by mako ( 30489 ) on Friday April 27, 2001 @05:29PM (#260596)
    I wish Diane Feinstein would have the gumption to speak out this blatant waste of resources that will at best produce an absurd (and freedom-crushing) precedent.

    Well, I'm not a California resident, but, it is my understanding that Feinstein is so secure in hir incumbency that she refuses to debate during election season. Californians need to vote her sorry arse out of office.
  • Fortunately for Napster, the Judge has let them off easy with a deal where they stop contributing to copyright infringement by filtering based on a list provided by the RIAA. Unfortunately for Napster, if this compromise fails, it will likely mean that they will either have to pay the fines or go out of business

    This wasn't a "deal" or a "compromise" it was a ruling by a court of law. Napster is seemingly complying with that ruling, certainly the trial judge seems to think so.

    While the burden of proof is on the accuser, it is the burden on everyone to obey the law or suffer the consequences. If you think the law is unjust, work to change it or peacefully protest or whatever.

    It's the job of the courts to interpret the law and at present Napster appear to be obeying it. It seems to be the RIAA that find the law unjust in this instance, and I don't doubt that they will work to change it :)
  • The filename thing was a game on Napster's part. They knew it wouldn't work, which is why they suggested it.

    My recollection is that Napster stated from the outset that it wouldn't work. The trial judge ordered them to ban all copyrighted files, Napster said they couldn't because they had no way of identifying copyrighted files, which could be under any name. Napster appealed. The appeals court rules that the RIAA had to provide them with a list of the infringing files on the system and that then Napster would have to ban them. Napster said it wouldn't work but they'd comply with the court's order.

    So far as I understand it, the fact that the court supposed that Napster could effectively ban the infringing files whilst otherwise continuing its activities was essential to the distinction they drew with the Betamax case. In the Betamax case Sony couldn't control what people did with their product, which had substantial non-infringing uses, and therefore weren't responsible for what users did with the product. In the Napster case the theory was that Napster could ban individual infringing files and was therefore responsible for doing so (you can argue the substantial non-infringing uses of course, but I think realistically they do exist even if they're not the main actual use). If they can't effectively ban individual copyright works from being traded then based on the court's reasoning it would appear they're back in the Sony position, i.e. they can continue to provide their product.

    I don't have much sympathy for Napster myself, their business plan (such as it was) from the outset seemed to rely on primarily trading copyrighted works i.e. they didn't go into this with a clean conscience and they were foolish enough to put their intentions in writing. But as of now, they seem to be complying with what the court has required, and I don't think they in anyway tricked the court into it.
  • this article today which says that Napster is dramatically stepping up its filters, to the point of major over-filtering (ie, false positives).
    Not really. Taken together, it indicates that the judge is coming to a realization that, even with Napster going so far as to exclude non-infringing files, it's still not possible to exclude all infringing files.
  • by account_deleted ( 4530225 ) on Friday April 27, 2001 @06:05PM (#260610)
    Comment removed based on user account deletion
  • by account_deleted ( 4530225 ) on Friday April 27, 2001 @06:09PM (#260611)
    Comment removed based on user account deletion
  • by fizban ( 58094 ) <fizban@umich.edu> on Friday April 27, 2001 @07:25PM (#260615) Homepage
    They obviously haven't heard of Soundex [rootsweb.com] (note: there are more algorithms than just this one). It would allow them to handle a large portion of those spelling variations. Not to diss Napster, but they seem to be feigning ignorance. If they had any software developers of merit on their team, they'd be able to handle these problems easily.

    --

  • by norton_I ( 64015 ) <hobbes@utrek.dhs.org> on Friday April 27, 2001 @05:38PM (#260617)
    Well, the RIAA has a valid point. They have told Napster what songs are copyrighted. From a philisophical and probably legal standpoint, the titles and artists are the defining information, and filenames, encoding format, etc. are just "technical details."

    The problem is much more fundamental, and really strikes at the heart of human/computer interaction: computers and humans assign significance to data in totally different ways. What we look at as unimportant details are the only things that matter to the computer. Nearly every attempt to close that gap on anything but the most tightly defined problem has failed miserably.

    In short, it is not technically possible for Napster to comply with the ruling. What this means from a legal perspective is unclear to me.
  • No thats not the point. The Napster client would put in the message, so the source you're downloading from does have the real song. You just can't get it.

    Sure its a waste of bandwidth, but it'll serve the RIAA's needs. Bastards.
  • Napster forces upgrades. This thread is about how Napster could do what the RIAA wants.
  • by gad_zuki! ( 70830 ) on Friday April 27, 2001 @05:42PM (#260623)
    Make a mental list of all the proper names, rarely used words, and phrasing in most songs and you'll see how easily software can be confused by the whole mess.

    Song length wouldnt work too well either as you can just add a silent second or two to your already rot-13'd song name and ID3 tag.

    If you really want to punish someone, let them download songs by their real name and just have the client replace the mp3 data with a short speech on a loop for the exact length and data of the song. After 20 or so "You have downloaded a copywritten song" tracks you won't go near Napster again.

    Also, I'm curious to know which independant labels want Napster distributing their songs.

  • Nope.. all but the biggest name musicians make nearly all their revenue from ticket sales.. Releasing albums simply fuels the fire for the performances..

    So pppffftt ack..

    (apologies to Mr. Breathed)
  • by dricher ( 83910 ) <duncan_richer.mckinsey@com> on Saturday April 28, 2001 @01:03AM (#260627) Homepage
    Has anyone considered the possibility of making it technically possible but _illegal_ for Napster to comply with the ruling?

    1. Develop some fancy filtering technique which manages to pick up a particular style of munging of mp3 files.

    2. Submit a patent for the filtering technique.

    3. Start munging mp3 files that way (legal ones for best comic effect) and putting them on Napster.

    Napster can't filter them effectively, although a way exists, thanks to the ludicrous nature of software patents.

    Any comments? Why wouldn't this work?
  • Imaging [sic] you trying to argue that before you can get a speeding ticket, you would have to have a cop warn you and a speed limit sign would need to be on every block

    Actually, in many places, that is the case - haven't you ever seen the "this area monitored by radar" or "your speed many be monitored" signs on the side of the road? In some areas, it is law that you be informed of this as well as many other factors during a speeding violation. As an ex-cop, I can tell you that speed enforcement is one of the great scams of the 20th century.
    -jerdenn
  • Wow indeed. As has been repeatedly stated in essays about the GPL, if there were no such concept of private ownership of creative "property" (i.e., abstract ideas rather than something concrete), then THERE WOULD BE NO NEED FOR THE GPL. Licenses like the GPL exist to prevent entities from using the "ownership of creative property" laws to prevent the distribution of the ideas embodied in source code.

    Granted, the situation with no intellectual property ownership would be more like everything having the BSD license.

    What I don't understand is why people like you think that intellectual property ownership is the same thing as physical property ownership, and get just as fanatical over it as if someone had stolen a car from your driveway. "Intellectual property" is an abstract concept defined for the overall benefit of society, by lowering the risks associated with generating creative works to increase a potential economic payoff for the creators. There is no physical basis for "intellectual property".
  • I figured it was something like that, but I'll continue the [loaded] questioning. Bear in mind that, as a programmer, I am aware that I am being paid for the "intellectual property" which I am generating, so I'm not entirely unsympathetic to the idea of getting paid for my creative work, but I tend to take the viewpoint that people should be paid for goods & services, not for things which have been assigned economic value through legal machinations.

    You steal my car, I can buy another, but you take away my intellectual property rights and you've cut off my "car supply".

    I'd question the value of a single "idea" which could be so easily copied. Why should society let you coast on the artificial value of a single "idea" (especially if it's a concept so simple that other people could easily use it)?

    I'm a knowledge-worker. I've spent years getting the knowledge I have. It's kinda like the heart surgeon asked to justify the $100,000 fee for open heart surgery. His answer: "operating room, tools, support staff, billable time to operate - $10,000; knowing where to cut - $90,000."

    I'd point out that the heart surgeon is providing a SERVICE, and is getting paid commensurate to the value of that service. In the context of intellectual property, a better example would be for someone to work out & document a better method for a particular kind of heart surgery, then expect all heart surgeons (or the hospitals or medical plan, whatever) to pay them money every time they use it.

    As a "knowledge-worker", you get paid for the service that you can provide using whatever skills & knowledge you have gained during your training/experience. Why should you get paid for something you might've developed if someone else develops the same thing, probably without even consulting you or even knowing of your work, just because you came up with the idea first?

    I reiterate the original premise of the intellectual property laws - they exist to benefit SOCIETY by giving special short-term benefits to creators. If the current incarnation of the intellectual property laws does not result in a net benefit to the society, then they should be revised to maximize the benefit to society, NOT to the creators. (The creators's benefit will be factored into the net benefit to the society.).

  • If there is no intellectual property right, then why do my customers need to pay me for my creations?

    That's a circular argument - the only reason you get paid for your "creations", even though you're not doing any work past the original creation, is BECAUSE an intellectual property "right" has been defined.

    Try this one: assuming that there is no intellectual property "right", what kind of service can you provide to people that they will find of value so that they will pay you?

    More than a service, intellectual property has value beyond a single use or function (generally). It has value on merit of its existence.

    Your argument still presupposes the existence of intellectual property "rights". Because of intellectual property law, those things defined as intellectual property have value, and people have to pay you to use them. If the law didn't exist, then those things wouldn't have value to other people, and people wouldn't pay to use them. They'd pay you to CREATE them, but not just to use them (once the idea was out).

    Come up with an argument for intellectual property rights, assuming that we are living in a society that doesn't already have them.

  • As soon as you come up with a reason I would perform the service when there was no guarantee I'd be compensated, I will.

    What do you mean? You'll get paid for services rendered, the value to be negotiated between payer & payee, just like any job.

    Sure my "creations" could be done by others - but they're busy on other projects (say). Who is going to meet the need of my customer? It's in the best interest of my customer to have me working on "creations" rather than having to dig ditches during the day while making an enterprise-scale backend system as loving art at night.

    I don't see what this has to do with intellectual property rights. You're getting paid for services rendered. I don't see where you think lack of intellectual property rights would affect this.

    Your demand is a meaningless burden - we do live in a society that has intellectual property rights.

    My "demand" is necessary to debate the societal value of intellectual property rights - what kind of value do they provide to society, versus what kind of cost do they impose on society. If you start with a society that does not have intellectual property rights, and give them a chance to do a cost/benefit analysis of adding intellectual property rights, then they can draw a conclusion about whether such rights will provide a net value to their society.

    It would be more difficult to start with a society that does have intellectual property rights, and then theorize what would happen if you removed those rights (given that such a society is likely to have large "players" which have grown to depend on those rights for their survival).

    Unless I'm responding to the Unabomber, I don't think either one of us imagines this will change.

    Please, you don't have to be a nutcase to desire systemic improvements. And if enough people get pissed off, there WILL be change. And the more people who get pissed off before the change occurs, the more likely that change will be catastrophic rather than gradual.

    Taking a step back from my Devil's Advocate stance, I don't actually disagree with the basic concept of intellectual property - encouraging the creation of new ideas for the long-term benefit of society by giving the creator some short-term control over the idea, with the promise that the idea will be released after a reasonable interval for use by the generic public. I just disagree with the DEGREE of absolute, practically-unlimited control which has been bought by special interests who would rather make money by manipulating the legal system & restraining the creativity of other people rather than make money by creating a regular flow of NEW ideas.

  • by Ryu2 ( 89645 ) on Friday April 27, 2001 @05:08PM (#260634) Homepage Journal
    this article today [cnet.com] which says that Napster is dramatically stepping up its filters, to the point of major over-filtering (ie, false positives).
  • by Rogain ( 91755 ) on Friday April 27, 2001 @11:00PM (#260636) Homepage
    Dave: "Download the Metallica song, Nap"

    NAP9000: "I'm sorry Dave, I'm afraid I can't do that"

    Dave: "then try Meetalika, dude...."

    NAP9000: "That would be illegal Dave according to my RIAA-clipperchip, by the way, there seems to be something wrong with the main antenna, you will have to go on a spacewalk to fix it."

    Dave: "Ok, man."

    [dave slips into a spacesuit and then through the airlock]

    NAP2000: "Lt. Uruhu, Contact the the RIAA-Borg homeworld, and inform them, I have spun Dave off into space for copyright infringment. They can legally confiscate his assets now. I'm sure Jack Valenti's Preserved Brain will be pleased."
  • by BierGuzzl ( 92635 ) on Friday April 27, 2001 @05:21PM (#260637)
    From what I understand of the ruling, the RIAA needs to provide proof of Copyright and the specific filename for each infringement before Napster has the duty to remove access to the infringing file.

    So basically any number of possible mechanisms will work to delay the process that the RIAA must undertake when seeking out and identifying specific songs. First, people have been munging filenames quite a bit, but that's really not very convenient for people trying to search for songs with certain words adjacent to eachother, etc (According to this ruling the current filters for word sequences like "Green Day" can be removed).

    Instead, we could incorrectly report the length of the file, and even introduce a recognizeable chunk of junk data at the beginning of the mp3 so that the only way to determine whether or not a specific file is infringing on copyright is to download at least up to the point where the junk data ends. Then, have the client alter the file info slightly, if not by altering the Case of the filenames, then by altering the reported length and amount of junk data attached to the beginning of it.

    That way if the specific file that was being downloaded is recognized as being infringing it doesn't really matter because that *same* file doesn't exist anymore.

  • Digital fingerprinting technology can go a long way in identifying copyrighted material on Napster's servers.

    Yes, it could. Of course, that's an easy task anyway: there is no material on Napster's servers which is controlled by the RIAA! That's the whole problem: Napster never come into contact with the MP3s being traded by users: they go directly from one user to another. Napster's filtering software (on their indexing servers) doesn't have access to the content of those MP3s - only their filename, bitrate etc. You could try putting fingerprinting software in the client, but then you have trusted client security - which is pretty much no security at all, as anyone following the DeCSS story knows...

    The alternative would be for someone to run a 'bot on Napster, downloading every single file from every single user to identify it and report unauthorised material to Napster and ban that account. It could be done: we're only talking about a few terabytes per day of data...

  • What you have to remember about the RIAA members is that most of them are owned by publicly held companies, which are ultimately accountable to their shareholders. Therefore, it would be literally impossible for them to quietly give up, because the Board would toss the CEO out on his ass.

    So, what they're doing is exactly what they have to: show their shareholders that they are gravely concerned by privacy, and will stamp it out by any means neccessary. A bit of advice for anyone who runs a privately held company: NEVER GO PUBLIC! The money is just not worth the restrictions you will eventually be placed under.

    The only "intuitive" interface is the nipple. After that, it's all learned.

  • Scenario 1: Your mother hands you $20 in cash on your birthday.

    Scenario 2: You see several rioters looting a store. One of them reaches into the cash register and hands you $20.
    The only differences between Scenario 1 and Scenario 2 are that the rioters in Scenario 2 didn't have a right to distribute the cash. To the person receiving the $20, the differences in how the cash was obtained are immaterial. :-)
    Immaterial, huh? Ever heard of receivign stolen property? I consider 3-5 years in the poky mighty material...
  • Downloading copyrighted material without permission of the owner is a CRIME. [ ... ]

    Yes. So is driving faster than 65. What's your point?
    Obviously the point is that Fordster and GMtella created this monster therefore it is their responsibility to fix it! If it wasn't for cars nobody would be speeding - send all traffic tickets to the enabling entity.
  • Many IT workers are today driven by the goldrush after the initial boom. The science has attracted all sorts of people looking for treasure. However, you completely fail to see the real beauty in information technology and what we can learn from it.

    My we're quick with our assumptions! When I was in college two things happened - first I chose to pursue my hobby (computers) through an Information Systems degree (honestly b/c of fear of math; my verbal SAT scores placed me in the top 95 percentile, but my math scores...yikes...).

    The second was that I met my future "competition". While taking classes I realized that many students actually hated computers and programming, while I would breeze through programming assignments so I could get home and play with all the neat tools I could afford (thanks to the student discount, this was a lot!). I would stay up late installing Win NT, OS/2, Concurrent OS in different configurations (and this was before the official release of NT 3.1; I had access to bootleg betas, thanks to the university). I would play with Borland C++ Pro Dev, Texas Intruments IEF, VB 2/3, Access 1/2, xBase, FoxBase, PowerBuilder, etc. Many classmates hated their assignments and paid people to do their projects for them (future managers...but that's another story). One asked me, "Aren't you worried about the market becoming saturated with IS " [this was in the early 90's; IT wasn't in use yet]"people?" My answer: no; many are in it for the future payoff; I'm here because I'd be doing it regardless - I love it. They'll burn out.

    When I first started with a computer (1979 on an Apple ][ belonging to my uncle and then 1980 with my own Apple ][+) I was in middle school. I played games till bored (how long can you play Lemonade Stand???) and started learning Applesoft Basic, Integer Basic, peeks and pokes...I wrote a graphic Christmas card to my family (to learn the graphic functions). In school we had an SWTPc UniFlex multiuser system. I loved learning the Unix-like CLI and revelled in writing utilities that tied various functions together for new students to use. ... On and on.

    Through all this I've picked up a love for the hacker ethic (thanks to Hackers: Heroes of the Computer Revolution), learning, sharing, benefiting others and being benefitted by others.

    But I live in a society that rewards hard work, ingenuity, talent, skill, etc., with material goods. I have a family and don't want to have them suffer while I try to subsist on an artist's or philosopher's salary (i.e., nothing). But for my work as a system designer and application developer to be rewarded I have to assert my intellectual property rights (through my company) in order to be compensated for my creations. If not for these rights, then those who would benefit from my efforts would be able to use them without any recompense to me (through my company). That would mean I'd have to do something else to subsist - and the creative flow would slow down, if not stop.

    And this last point goes towards you "benefiting society" comments. If the creative workers cannot benefit from their creations, then advances and innovations would slow down as system designers take time to dig those physical, wholesome ditches some people prefer to see as payable work. The last 200 years have had two novelties (1) an explosion of invention, innovation, and societial progress and (2) a strong system of intellectual property right codes and enforcement. Think about it.

  • Regarding the hacker's ethic: it exists within a defined community of similarly-minded people. When the boundaries expanded the ruthless took advantage of the unexpecting (see Gates letter to the Homebrew Computer club and remember how much Gates, et al, benefited from other people's code). Where can such a community exist today where trust can prevail? I know of two places: those within the boundaries of a common goal and vision - such as a company. I share and borrow from my co-workers freely, without looking for "my edge" and keeping "my secrets" for personal advancement. The other, the GPL (and other Free/Open license) -based communities, where hackers are bound by a legal document, thus giving basis for openness and mutual trust.
  • I'd question the value of a single "idea" which could be so easily copied. Why should society let you coast on the artificial value of a single "idea" (especially if it's a concept so simple that other people could easily use it)?

    I didn't say my "car supply" depended on a single idea...but on the premise that my work is protected by intellectual property law. If it is not then none of my work has to benefit me as it benefits others. It's not the single idea, it's the whole system. If there is no intellectual property right, then why do my customers need to pay me for my creations? I'd point out that the heart surgeon is providing a SERVICE, and is getting paid commensurate to the value of that service. In the context of intellectual property, a better example would be for someone to work out & document a better method for a particular kind of heart surgery, then expect all heart surgeons (or the hospitals or medical plan, whatever) to pay them money every time they use it. See, I told you I had a bad analogy. More than a service, intellectual property has value beyond a single use or function (generally). It has value on merit of its existence. The surgeon doesn't get paid merely because of his knowlegde, but because of putting his knowlegde into action. However, a creative work can benefit others merely by its existence (you don't need the programmers present to run MS Word) apart from its creator. The Dr. is happy to share the technique (for no one will put him out of business by "stealing" it - there are more than enough customers and not enough surgeons).

  • Try this one: assuming that there is no intellectual property "right", what kind of service can you provide to people that they will find of value so that they will pay you?
    As soon as you come up with a reason I would perform the service when there was no guarantee I'd be compensated, I will. I will always work on what I love, but I need to eat (well, not as much as I used to, but that's another story). Sure my "creations" could be done by others - but they're busy on other projects (say). Who is going to meet the need of my customer? It's in the best interest of my customer to have me working on "creations" rather than having to dig ditches during the day while making an enterprise-scale backend system as loving art at night.
    Come up with an argument for intellectual property rights, assuming that we are living in a society that doesn't already have them.
    Your demand is a meaningless burden - we do live in a society that has intellectual property rights. Unless I'm responding to the Unabomber, I don't think either one of us imagines this will change.
  • I especially liked the part where he says private ownership belongs to the creators - yeah right.

    I read this over and over again trying to understand the "yeah right" reaction. Finally, it hit me: you don't accept private ownership of creative property. At all. Wow. With that reasoning RMS does not have the "right" to enforce his GPL - afterall the GPL only carries weight if you grant RMS creative ownership rights.

  • What I don't understand is why people like you think that intellectual property ownership is the same thing as physical property ownership, and get just as fanatical over it as if someone had stolen a car from your driveway. There is no physical basis for "intellectual property".

    Ah. Well, "people like me" view intellectual property ownership as perhaps more real than (my) car sitting in (my) driveway, because I have said real property through the excercise of my intellect and creativity. That's the 'basis' - I create, you benefit and pay, I buy things. You steal my car, I can buy another, but you take away my intellectual property rights and you've cut off my "car supply".

    I'm a knowledge-worker. I've spent years getting the knowledge I have. It's kinda like the heart surgeon asked to justify the $100,000 fee for open heart surgery. His answer: "operating room, tools, support staff, billable time to operate - $10,000; knowing where to cut - $90,000." Bad analogy, but the point is knowing is worth a lot. If you take my intellectual property without my permission, a good case could be made that you are taking tangible assets from me.

    IIRC, In the middle ages the church did not allow craftsmen to sell an item for more than the cost of the materials used in making the item. So, a mahagony dinner table would be cheap! Just the price of the lumber. No allowance for creativity adding value to the slab of wood. The real property is merely the materials, but the artistry and effort that transform the boards into beauty -- that's harder to substantiate. In today's world wealth advances through means of intellect.

  • by havardi ( 122062 ) on Friday April 27, 2001 @05:09PM (#260660)
    Quietly give up.

  • say I start a band, and I name the band "S@ndman"

    First, you would change your name; it's too similar to an existing Electronic artist Sandman [mp3s.com]. After that, you would sign up with MP3.com [mp3.com]. You keep the copyright and $5 of every $10 CD you sell. And because they run the server and listen to everything that goes on it to make sure that no unauthorized cover songs are posted, RIAA/ASCAP/BMI won't attack them.

  • In particular, where are all of the MusicCity servers?

    MusicCity [musiccity.com] has switched from being an OpenNap network to being a Morpheus network with its own client.

    how the hell do you get a hold of the gnapster author

    Start with Mike Markley [mailto], who maintains the Debian package.

    in particular, I want a client that can QUEUE UP SERVERS TO CONNECT TO

    WinMX can add this. Why don't you add this feature to your favorite free software napclient?

  • by yerricde ( 125198 ) on Friday April 27, 2001 @07:35PM (#260666) Homepage Journal

    but for some reason Napster supplies NO information on what to do if a song that you hold a valid copyright on is being blocked for no reason

    If you hold the copyright on a sound recording, get your band listed [napster.com] in Napster's legal music registry. Or just sign up with MP3.com [mp3.com] and name-drop your music in the chat rooms.

  • by .Tacitus. ( 127466 ) on Friday April 27, 2001 @05:23PM (#260667) Homepage
    I still find Napster easy and reliable in finding the music I want. I still do not have a need to go back to IRC for my mp3's.

    The rebellion is on, napster is just the tip of the mp3 iceberg... and for us Canadians it's not much of a rebellion. Fair use is clearly defined although RIAA Canada would like to tell you otherwise. The fair use laws in Canada have been tested with video tapes and the MPAA lost.

    You see in Canada you can copy something a billion times, as long as you do not intend to make a profit. I just don't know if there is going to be a test case, everyone is just too scared to take on the Lawyer rich RIAA.

  • It'5 3een a hard daze ni6ht.


    Need XML expertise? crism consulting [maden.org]
  • by awch ( 134042 ) on Friday April 27, 2001 @05:39PM (#260671)
    I've never understood why Napster, the company, should be held responsible for the actions of its users. I can buy that users may be doing something illegal on Napster. However, I'm pretty certain there are people trading illegal stuff through the mail. I don't think the postal system has been held responsible for the actions of its users. Why should Napster?

    If there were no legitimate uses for Napster than it should probably be closed down. However, that's clearly not the case here.

  • by BadBlood ( 134525 ) on Friday April 27, 2001 @07:47PM (#260672)
    The beauty of pointers in C code is that you don't have to manipulate huge chunks of data; you can simply point to its memory location and move on. The RIAA wants the data to be filtered. But we're all using pointers to the data which we can change at will w/out changing the inherent data. Someone with some grasp of that concept needs to be involved in the ruling. Not that I know the answer, but someone needs to define "copyrighted song." It's obviously not the "name of copyrighted song" nor "some random encoded bits of the copyrighted song", but the "copyrighted song" itself. Ah, the beauty of digitization - changes the whole meaning of what "is."

  • by TomV ( 138637 ) on Saturday April 28, 2001 @02:04AM (#260676)
    This topic just came up on a Sigue Sigue Sputnik list I read.

    Years ago, sSs were on EMI. EMI own the rights, quite legitimately, to the material they recorded at the time, and publishing rights too.

    But the band were dropped years ago, recently reformed, created thir own label and released an new CD, PirateSpace. Tony James, the 'BosSs' of Sputnik, made it abundantly clearthat the reason they reformed was the unexpected presence of many websites devoted to the band, and has repeatedly credited Napster with rekindling their career.

    So, if filenames are to be banned based on a band name, here's another fatal flaw. EMI have every right to ban Napstered copies of "Love Missile F1-11". But they have no rights whatsoever over "Welcome to the 21st Century". And yet, if the filters are looking for the string "Sigue Sigue Sputnik"... Well, they deserve to be sued by Sputnikworld records for restraint of trade, since Napster is a preferred means of promotion by the new label.

    And this is far from the only example.

    TomV

  • by ruin ( 141833 ) on Friday April 27, 2001 @08:52PM (#260677) Homepage
    Here's what everyone needs to do.

    Step one: go down to the local music store and buy five albums. This will cost you around sixty bucks, definitely within the means of anyone who buys computer equipment. Feel free to adjust the number according to your income. Try to make your selections a diverse group, bands you haven't heard much before but that you think you would like.

    Step two: Rip the music from the CDs and store it on your computer in high-quality mp3 format.

    Step three: Give the CDs to friends of yours. Have your friends give you the CDs they got. Rip the music and pass the CDs along.

    Step four: Listen to all your music. If all goes well you should have a lot of stuff that is new to you. Listen to it and think about what music you like and what it is about that music that makes it good. Talk with your friends about the music. Keep the good albums in the background when you hang out, when you go on long drives, when you party, when you code, and when you want to sit and listen to something cool.

    Repeat as necessary. Make sure you listen to bands you've never heard before as well as old favorites. Then if the new ones are good, you can pass them along to people who you know will appreciate them. Buy music, share music, and listen to music.
    --

  • by e_lehman ( 143896 ) on Friday April 27, 2001 @08:53PM (#260678)

    Am I the only one thats just a little tired of napster?

    I agree that Napster isn't exactly a knight in shining armor for the causes of business integrity and IP reform. But we have to take what we're given: the battle for digital music is Napster vs. RIAA, like it or not. Yes, Napster is a greasy outfit, but RIAA is Stalinesque. Given that, I guess I'm pro-Napster, and I'd guess you are too. If Napster is demolished in the courts and legislature, I don't think we can expect, say, Bearshare to trundle up in 2004 and reverse all the precedents set in Napster vs. RIAA.

    I'd like to be rootin' for someone else, but Napster and RIAA are the only players on center court.

  • by e_lehman ( 143896 ) on Friday April 27, 2001 @09:09PM (#260679)

    Sure, it gets us a few more months (or years, if there's a long appeals process), but overall I think this is a case of winning a battle that will probably mean losing the war.

    Ahhh... but time is on our side.

    The longer it takes RIAA to shut down Napster and other music trading services, the more users there are and the more convinced those users become that it is their GOD GIVEN RIGHT TO COPY DIGITAL MUSIC. And those users become ever more likely to scream ever more loudly to their representatives if that right is snatched away.

    Every day that Napster stalls, the good ship Music Trading gathers momentum, and becomes harder for RIAA to bring back to port.

  • by ahaile ( 147873 ) on Friday April 27, 2001 @05:23PM (#260682)
    Now what we need is another service that keeps track of all the title mangling patterns, like Beatles -> Fab Four. Make it into an automated plugin for Napster that translates titles on-the-fly and we're basically back to the pre-litigation Napster.

    Who would RIAA sue then? This new service, call it sleepyfellow.com, doesn't trade in music, so RIAA can't go after it for copyright infingement. They could try to nail it under the DMCA like the MPAA did to DeCSS, except that the software isn't decrypting, it's encrypting. In fact, if RIAA tried, they might be liable under the DMCA for breaking sleepyfellow's encryption. Could the RIAA reap what it sows?

  • by slashdoter ( 151641 ) on Friday April 27, 2001 @05:05PM (#260684) Homepage
    Napster says that it can't filter due to the problems with changing file names, RIAA says Bullshit

    RIAA says it can't provide a list due to the problems with changing file names, Napster says Bullshit.

    And around we go


    ________

  • by MaxGrant ( 159031 ) on Saturday April 28, 2001 @05:25AM (#260688) Homepage Journal
    Scenario 1: Your mother hands you $20 in cash on your birthday. Scenario 2: You see several rioters looting a store. One of them reaches into the cash register and hands you $20.

    That is, hands down, the worst Napster analogy I've ever seen.

  • Radio stations are often being paid to play the top albums indirectly by the label

    The key phrase there is 'top albums'. It's only the ones that the labels choose. For anything else the radio wants to play, they gotta pay up.

    --

  • by amitv ( 165482 ) on Friday April 27, 2001 @05:28PM (#260693)
    You may look at Napster as blatant theivery, but the thing is, these people created their music for the purpose as consumption. How did they create their music? By consuming other's works. No matter how much they have used their own lyrics and information, they have created their music using the culture of the individuals whom are living in it. Those individuals have a right to take it back as well.
    Restricting the free flow of music is restricting the free flow of culture. That is basically impossible.
    Most musicians make enough money from their CD sales to survive in luxury above that of the people purchasing their CDs. Some don't. You can't make a living off of music.
    The fact is, anyone with any business experience will save up money to distribute their music via MP3 first, then once people get a taste for it, publish CDs. If you jump straight into CD production, you are being stupid, and deserve to go bankrupt.

    I may sound a little crazy, but whether Napster wins or loses may determine if the US is nearing socialism, or is still completely capitalist.

    Just my deranged, biased $0.02
    ---
    Can you imagine a beowulf cluster of theese?
  • I think what they are tring to do is impossiable. Think about how many fscking songs are out there. I think a more possiable solution would be to only add approved content.

    But, this brings up the next problem. Who gets to decied ? I know of someone who is tring to get into the music bussiness and wants his music distributed via napster. He owns the copyrights, he can make that dession. Since his name is fairly close to some other well known artists, how do you correctly filter it ?

    What happens when everything is filtered and napster turns to be worthless. Everyone will move on. Honestly, people are not intrested in non-name music (some are, but not many).

    No matter how you look at it - "Put a spork in it, your done son." ... urrr, fork :)


    until (succeed) try { again(); }

  • by Fervent ( 178271 ) on Friday April 27, 2001 @07:13PM (#260700)
    No, really. I submitted this article.
  • by Kernel Kurtz ( 182424 ) on Friday April 27, 2001 @06:26PM (#260702)

    There are several programs available to help users defeat Napster's filters. There are also more file sharing apps around than you can shake a stick at, so if you can't find it on Napster, just try a different one.

    I've compiled a list of many alternatives to Napster [steenerson.com], as well as many of the recent news stories featured on /.

    Get them. Use them. Show the RIAA who really controls the internet

  • Well, Napster does have a valid point. It's the RIAAs responsibility to tell them what's copyrighted and what's not.

    Bullshit or not, score one for the Napster crowd. That is, if you care.

  • I'm drifting off topic here, but I've got the feeling that many slashdotters say libertarianism when they really mean anarchism. The idea about anarchism is that you do have a regulated society, but you don't have people with formal power. In libertarianism, you don't have regulation, but people can be bought and you bet there will be a lot of people with formal power.... Now, which one is most likely to succeed in the Real World [tm] is an open question, but my bet is on anarchism.
  • by GemFire ( 192853 ) on Friday April 27, 2001 @08:24PM (#260710) Homepage
    If your California Senators and/or Representatives were in office during 1998, they NEED to be voted OUT. 1998 legislation - the NET act, the DMCA, and the Sonny Bono Copyright Extension Act - all 3 great gains for corporate America and all 3 great losses for the American Public.

    I, too, have written Congressmen. Here's the reply I received to a letter I sent detailing how the copyright laws have gotten beyond any possible Constitutional interpretation.

    Dear Ms. Aker:

    Thank for contacting me regarding copyright law and its relationship to the United States Constitution. I appreciate your taking the time to share your thoughts.

    I believe the United States government should always remain within the boundaries set in the Constitution by our Founding Fathers. Regardless of the length of time the copyright laws allow private ownership to the original creators of a piece of material, I do not believe the material is constitutionally required to be surrendered to the government. Should legislation regarding this matter be brought before the House I will certainly keep your thoughts in mind.

    Again, thank you for contacting me and please do not hesitate to do so in the future. Input such as yours helps me to better serve the Ninth District.

    Respectfully, Nathan Deal

    This letter clearly shows that a)he has never read the Constitution, b)he hasn't a single clue what he's talking about or c)that he just wants to say something he thinks might placate me.

    I especially liked the part where he says private ownership belongs to the creators - yeah right. And then there's where he seems to think that these works are surrendered to the Government? Excuse me, since when is the Public Domain the government. Expiration of copyright is a limitation on monopoly and YES it is written plain and clear in the Constitution.

    When I vote, I simply vote out all of the incumbents, no matter what party they are. If they'd been doing their job we wouldn't be having these problems. The only differences between Napster and the radio is that you can choose what you hear with Napster software and Napster doesn't pay ASCAP or BMI. To the enduser, the latter is immaterial. If recording is legal, recording is legal and several landmark cases have declared that recording is legal. Analog vs Digital isn't the issue at all.

    Check out my website - http://www.limitingcopyright.com
  • by spoocr ( 237489 ) on Friday April 27, 2001 @05:08PM (#260728)
    I saw a story a few weeks back about how Patel had said something to the effect of "if users can find the songs, you should be able to block them" (At least, this was my interpretation. I could be totally off.) Her lack of insightfulness was really quite frightening - she was basically demanding that Napster implement a sentient filtering program that could out-think the human mind - something most people know to be impossible with our current technologies, and probably won't be available for a very long time. It's quite relieving to hear that she's no longer expecting that kind of thing. It's really not so much the possibility of a ruling against Napster that had me worried - it was the precedent. Had such a ruling been established and enforced, if could have meant that the RIAA/MPAA could probably have gotten away with demanding that [insert data provider/carrier here] install such filtering systems, or shut down. Whoa.

    Technological incompetence and ignorance in our judicial system is scary. Those making the rules don't understand the nature of the game, and when that happens, you get things like the DMCA. Lord knows we don't need another piece of legislation like that disaster...

    -- Chris

  • by baptiste ( 256004 ) <mike@baptis[ ]us ['te.' in gap]> on Friday April 27, 2001 @05:22PM (#260733) Homepage Journal
    Napster is old news. Next is Gnutella, then when teh RIAA shuts them down, whats next? Espra? Well there needs to be some SERIOUS development first. But Freenet has lots of possibilities.. Beyond that - MojoNation?

    I can't wait till my ISP contacts me saying "The RIAA wants us to shut you down because you run a Freenet server" my response will be "Um - ok, whats their beef? Oh copyrighted music? Prove that data lives on my server! What? Its encrypted? Wow. Do I have the keys? Maybe - maybe not. I have no idea. Oh yeah - thats right - you aren't liable for criminal traffic going through your network either if you can't identify it? Well neither can I." Click.

    Bring it on!

    --

  • "In the state of Florida, driver's licenses say "Operation of a motor vehicle constitutes consent to any sobriety test required by law". And supposedly, your signature on your driver's license is what seals the deal. I wonder if you can take the fifth on such things. Like the Miranda laws."

    I guess getting a driver's license to drive on public roads that you pay for entails agreeing to an "EULA" :)

    No activity that requires getting a license from the government is free. Look at over-the-air broadcasting for an example.
  • "You are guilty until proved innocent when pulled over for alleged DWI. Refusing the blood/breath/urine/sobriety test == automatic guilt, arrest, and DWI conviction.
    Perhaps someone could how this is legally permitted?"

    Constitutionally, it isn't... But, the sheep populace has accepted the premise that driving on PUBLICALLY FINANCED roads is a "priviledge" not a RIGHT, has allowed a much lower burden of proof to be enacted into law. Now you know why a Republic (rule of law) is superior to a "Democracy" (where the government acts to enact the wishes of a sheep population).

    Basically, since 1933, the 9th and 10th Amendments have been meaningless. How convienient, as they are the MOST restrictive on the power of government...

  • The burden of proof MUST always be on the accuser, and it IS incumbent on the RIAA to tell Napster WHAT to ban!

    To do otherwise is to turn the USA into a country where you are guilty and liable until YOU prove you are innocent. That is tyranny.

  • by TheSHAD0W ( 258774 ) on Friday April 27, 2001 @05:14PM (#260738) Homepage
    The AHRA says that individuals trading copies is exempt from copyright law, as part of fair use. Napster merely facilitates this behavior. At no time is any copyrighted material on Napster's servers. Why should they be punished?
  • by Rory_O ( 260852 ) on Friday April 27, 2001 @05:13PM (#260742)

    Am I the only one thats just a little tired of napster?

    I stopped caring the day they became a company and took a dollar knowing full well that their company was founded on people trading music they don't have the 'rights' to. I hate IP laws as much as the rest of the /. community, but their business model depended on college age people trading illegal mp3s. Furthermore, they continued to be under the guise of "Oh, we're only here for the independant artists!"

    Sure...

    How is that different from the RIAA saying "We're fore free speech and openess" when clearly they're not"?

    Napster can be good for independant artists, and I've been introduced to many great new sounds with napster, but the vast majority of the use is trading music that artists didn't give permission for. Note, I said 'artist' and not 'RIAA/Record Label'. I don't care what they say I can and can't do with things, I'd rather respect what the person who created it wishes. Unfortunatly the RIAA/Record label doesn't allow them to speak for themselves.

    Back on track, I feel that if some greedy VCs and possibly Shawn Fanning himself didn't try to turn Napster into a cash cow, things would be pretty different today. Frankly, Napster and all the people that are involved in the shadyness can be buried in the bottem of the dotcom cesspool for all I care.

    Lets get it over with, one way or another, and mote on to new more promising, more open technologies like jrxe, gnutella, freenet, and others.

  • by geomcbay ( 263540 ) on Friday April 27, 2001 @06:00PM (#260744)
    The flaw in your argument is that the ISP has to keep you as a customer. There's no right to Internet service. They can cut you off at-will just for suspecting that you are doing something illegal. It would not be illegal for them to do so..it might cause a minor PR backlash, but companies have been getting away with far worse without most people caring the past few years.
  • U.S. copyright law did not protect sound recordings until 1972, if I remember correctly.

    Answer, you don't. US law has protected sound recordings since the 1908(?) when the copyright act was modified to include copyright on player piano rolls.

    The Beatles recordings are all fully in copyright and always have been.

  • by deran9ed ( 300694 ) on Friday April 27, 2001 @05:34PM (#260756) Homepage
    I could imagine the prosecutors

    Yes ladies and gentleman of the jury the time has now come where you must decide the facts of the case, and make final judgement on the case. As stated by the RIAA, Napster has continously stolen from the mouths of poor millionaire artists worldwide by providing a peer to peer network solution for sharing music in illegal fashions.

    It does not matter that most of the mp3 music stored on Napster was purchased in order to actually make the mp3, nor does it matter that you could also record most of the songs from radio onto cassette tapes. It does not matter that studies have show many Napster users actually purchase billions of dollars in music.

    Ladies and gentleman of the jury we provide you with fact based statements and stipulations that don't show much, but the RIAA is footing the bill for this case, and my new golf clubs.

    You must come to an agreement, that shows Napster, the thieving service that they are, are no better than someone robbing a bank at gunpoint, or the white collared criminal giving away insider trading information with their boiler room tactics.

    It is without reasonable doubt, Napster is the Michael Milken, Charles Manson, O.J. Simpson, Kenneth Kimes, Timothy McVeigh of the computing world. Sure they didn't hurt anybody physically, but Metallica's feeling were hurt, and in pop and media culture attention and money are what counts in society today. DON'T let Metallica and the RIAA go hungry

    Ladies and gentleman of the jury I ask you find the defendant GUILTY.

    fearsome [antioffline.com]

  • Copyright law in the states doesn't specify how often you can copy something, and that's part of this argument. The law doesn't necessarily protect companies against lost revenues due to massive copying of copyrighted works.It also doesn't necessarily grant the unlimited right to make as many copies as possible as long as you don't charge for them.

    Basically, Congress never, ever thought you'd be able to distribute a piece of music to 10 million people unless you dedicated your life to the task.

    They never thought to ask what happens when you scale up taping songs off the radio to millions of copies while decreasing the time and effort involved to almost nonexistant levels and also practically eliminating the distribution time and expense.

    Can you blame them?
  • by Zeio ( 325157 ) on Saturday April 28, 2001 @10:58AM (#260765)
    I found that Diane Swinestein letter: I can't find her second reply.

    :

    #1 - Original Message.

    To: senator@feinstein.senate.gov [mailto:senator@feinstein.senate.gov]
    From: XXXX@ix.netcom.com
    Subject: Napster must be allowed to operate.

    1- I build a park.
    2- Lots of kids play there.
    3- A drug dealer comes and sells drugs to all the kiddies.
    4- Am I to blame for building the park?
    5- No.

    Seems like a closed case to me.

    #2 Her lame reply.

    -----Original Message-----
    From: senator@feinstein.senate.gov [mailto:senator@feinstein.senate.gov]
    Sent: Thursday, February 22, 2001 6:30 AM
    To: XXXX@ix.netcom.com
    Subject: About your e-mail message ( Ticket# 02222001C47353395:AR0001 )

    Thank you for writing to me about Napster. I read your
    letter with interest, and I welcome the opportunity to
    respond.

    I understand that many people would like to hear music
    before they buy it. Napster has become very popular for
    providing such a service. I am worried, however, that
    Napster is also facilitating the widespread violation of
    copyright laws. When an artist produces music, that artist
    has made an intellectual and financial investment. When
    entities like Napster make it so easy for others to swap
    the artist's work without remuneration, then the artist is
    not being compensated for that investment. Napster could
    reduce the incentive for musicians to create music and
    reduce the diversity we enjoy in our listening choices.
    The nature of the Internet makes this threat very real.

    This issue is currently the subject of judicial
    proceedings, and I am awaiting the results of those
    proceedings with great interest. I'm sure the courts will
    address both commercial copying and non-commercial copying
    during the case.

    Again, thank you for writing to me. I hope that you will
    continue to share your thoughts with me in the future. If
    you have further questions or comments, please feel free to
    call my Washington, D.C. staff at (202) 224-3841.

    With warmest personal regards.

    Sincerely,

    Dianne Feinstein
    United States Senator

    #3 My reply to her.

    Using 'threat' and 'Internet' in the same sentence is not what I want my government or my representatives to be doing. I voted for you to represent my beliefs. I do not believe in a monopoly of recording companies squeezing the blood from the musicians. This is a capitalist society with a concept of an open market. This is a new venue and the monopolists do not like it. Lots of artists support Napster. Popular music is trite trash anyway, with labels defining the music and not the best man wins as it should be in a free & open market. I personally have come to the conclusion government is useless and would like to support any and all action to reduce it. I've been all over Europe. While they take home less, they certainly have a lot more in they way of quality of life to who for their spent tax dollars. I don't see a need for a big government who fails to serve the people. Libertarianism would prevail if more people were more effectively educated. I suspect that's the idea, keep the public dumb, as it is right now by design, so that things can continue as they are.

  • by Zeio ( 325157 ) on Friday April 27, 2001 @05:05PM (#260766)
    I can't believe the RIAA isn't going to be liable for the damages to the tax payer's wallet with all this complete mindless crap. Meanwhile, 9,000,000 other p2p methods are cropping up and being refined - and the RIAA still get to waste our money litigating this foul argument. Napster has opened the doors for endless attack because they attempted to knuckle under and cut a deal.

    I wrote my senators and congressmen here in California, apparently they support monopolies (the replied with rude letters that made me not want to vote for them again =).

  • by Zeio ( 325157 ) on Friday April 27, 2001 @05:24PM (#260767)
    The first Swinestein response was a canned form letter - obviously auto generated. Upon being angered by a form letter, I replied asking for a better acknowledgement. She gave me a second letter, a brief history of how essentially she's been paid off, and I can go sit in a corner.

    I am very sorry to say I didn't save the letter, well... I'll go fish through it now..... Yeah, I chucked it because it was trash.

    It amazes me that in a recent article published about UPS winning the rights to deliver packages in a direct route from California to China from Congress a member stated that it was quid pro quo to be bribed. It turns out UPS gave various Congressmen a total of 1.2 million in contributions (bribes). I'm sorry for being vague, I will dig up the link the statement made by the Congressman about bribery.

    This state is fried, isn't it?

    I wish Diane Feinstein would have the gumption to speak out this blatant waste of resources that will at best produce an absurd (and freedom-crushing) precedent.
  • by tyrannical666 ( 412901 ) on Friday April 27, 2001 @10:49PM (#260769)
    And sue Napster and RIAA if they try to use it. Makes you want to love the DMCA.
  • by lightfoot jim ( 441918 ) on Friday April 27, 2001 @05:19PM (#260770) Homepage
    Exactly which taxpayer dollars are being spent here? I've been under the impression that it is individual media companies, collectively acting under the name RIAA which are bankrolling the anti-napster side, and of course, napster paying legal fees on their side. Even the operating costs of the courts are covered by the litigants, right? I'm not necessarily calling you out, but if you (or someone more in the know than myself) could break this down in a way that I can explain to others who wouldn't otherwise be giving this case any attention it would be much appreciated.
  • by A5WKS24 ( 443235 ) on Friday April 27, 2001 @07:05PM (#260771) Homepage
    Dave: "Download the Metallica song, Nap"

    NAP9000: "I'm sorry Dave, I'm afraid I can't do that"

He has not acquired a fortune; the fortune has acquired him. -- Bion

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