The P2P Enforcement Mistake
By Bennett Lincoff


The activities of individual participants in P2P file distribution networks
should be lawful. However, under current law they are not. These activities
do not fall under the limitations on copyright owners rights imposed by the
first sale doctrine; nor do they qualify as fair use. (For those who believe
otherwise, remember that even to get to the "fair use" analysis, you must
acknowledge that there was an underlying infringement; one that, according to your
view, public policy has chosen to overlook by deeming it to be "fair use".)

Therefore, in order for the activities of individual P2P participants to be
lawful they need to be licensed. Yet, neither the labels nor the music
publishers are willing to grant licenses for these activities. Therefore millions
upon millions of Internet users (including college students, kids at home, and
at least one person's grandfather) find themselves exposed to liability; and
not one of them can get a license so that their conduct can be legal.

Instead, the industry demands that these users abandon P2P and embrace the
pay-per-whatever systems (such as iTunes) that the industry has authorized. It
seems that iTunes and it competitors have done well so far. But, Carey
Sherman has already told us that these new offerings cannot survive unless the
copyright owner community continues is successful in its efforts to stamp out P2P.

The industry should change its tack.

The industry should immediately issue licenses for the activities of P2P
participants. (I favor a single all-in compulsory license on behalf of all record
labels and music publishers, with fees to be set through negotiations with
designated spokespersons on behalf of the P2P community and with a back up
either to a rate court or a CARP (after CARP reform, of course).) The grant in the
license I suggest should be coextensive with whatever the P2P community says
it wants; e.g. the right to download (or, in the future, merely to listen to
performances of) works from P2P networks; the right to make as many copies of
those works as they please; the right to load the works onto any and all
devises they wish; and the right to make the works available to others through their
P2P connections. (I think that decisions on other issues relating to the
making of derivative works based on downloaded songs should wait the day.) The
license should be made available to all those who wish to participate in P2P
networks in a lawful manner; and these individual P2P licensees should pay the
applicable monthly (or quarterly or whateverly) license fee and cooperate with
whatever tracking is needed to assure that royalties are paid ony to those
coyright owners whose works are actually transmitted.

The problem with the RIAA's approach is that it has adopted what nearly all
agree are heavy handed tactics in defense of rights that practically no one
agrees are legitimate. People either don't understand the legal analysis as to
why unlicensed P2P is not lawful, legitimately disagree with that analysis, or
simply don't care. However, if a license were made available, those who
wished to act lawfully would take it; and only those who refused the license and
chose to proceed unlawfully (or who wished to challenge the need for the license
in the first place) would be exposed to liability.

Had the RIAA and the publishers taken this approach, I believe that public
opinion would not have swung so sharply against them and that their enforcement
tactics would not now be the subject of Congressional scrutiny.

The first thought I had was that this was a great proposal. At the end, I saw this:
"Had the RIAA and the publishers taken this approach, I believe that public
opinion would not have swung so sharply against them and that their enforcement tactics would not now be the subject of Congressional scrutiny."

And then I thought, this is like saying if John Wayne Gacy has just not killed quite so many boys, or if he had just covered his tracks better...the point is that the RIAA is a bunch of companies and individuals who I honestly believe are acting in a criminal fashion. If they acted any differently, they wouldn't be the RIAA. It's like saying, if leopards just didn't have those spots...if they didn't they wouldn't be leopards...it seems like it is a sine qua non of the RIAA to be litigious assholes...it is their Raison d'Être.

As to fair use...here is something no one has considered. If you view one song as 1/10 th of an album, and if you write a paper in which you mention a line from each song that you download...the song is a fraction of the original cd content, and you are using this song as a reference. Hmmm...because part of the fair use has to do with using on selected portions of a work, not the work en toto. Since most of the songs being downloaded were not released on a CD by themselves, but one song of many, the downloaded song becomes a small portion of the larger work, i.e., the CD.
But, the bottom line is the DMCA needs to be repealed. We must keep the words
"Repeal the DMCA" over and over til it grabs people at the subliminal level, and by that I mean this. Ever hear a song in the morning, even one you dislike, and you find yourself humming it in the afternoon? That's what I mean. Get the Repeal the DMCA stuck in people's minds by hammering legislators with faxes, calls, e-mails. If they only get x number of letters and even half of them are on repeal the dmca, or investigate the RIAA, they begin to get the message that if they do not get on the bandwagon, they may lose re-election.
~code

About Palladium, Windows XP media edition, and the rest..folks its clear what is going on. Gov and big business is trying desperately, to get it mandatory to digitize everything. WHY?
One you digitize all commercial transactions, all checking (there is a digital check act working its way along). And, for ANYONE who has not heard of the "Know Your Customer" provision of the patriot act that is going to be in effect October 1, 2003...if you don't follow any other links I post...PLEASE CHECK THIS OUT...
http://www.experian.com/products/patriot_act_compliance.html
"Section 326 of the USA PATRIOT Act. This federal regulation requires financial institutions and others to implement a customer identification program by October 1, 2003"
This know your customer crap means every financial institution or one receiving reports, must build up a profile of each customer and monitor all transactions,and report any "suspicious" ones to the feds!

Once things are digitized,giant mega databases can be built up on each of us. News can be molded to fit the line that the media and gov wants you to believe. Folks, this is straight out of 1984 . Remember the character Winston in 1984 whose job it was to "create" the news to conform to the party line? Once all pictures are uploaded to news agencies (like the pics of Uday and Kusay), one can import pictures into Photoshop and make reality be what you want. Same thing w/ digital video and sound.
And, when news is dealing with presenting "breaking" stories in real time, the ability to import uploaded digital data into programs to "edit" the raw footage, is a great help and decreases lag time between real time occurence and presentation to the public,making the altered version much more believable. Most news photos are now taken with high priced , high resolution digital cameras and uploaded via a satellite link.

Tracking people, changing reality to fit what you want people to believe..it's all part of the New Freedom..or "Freedom Plus" brought to you by Dubya and "da boys".
. And less we forget, Carnivore, Echelon, and Magic Lantern are being tied into these mega database profiles, enabling a "holographic like, multi-dimensional profile" of your past and present to be tracked for "possible terrorist tendencies".
Minority Report is where we are headed...all they need are the psychic twins!
~code

damn makes me want to go to the hills and hang out with the godd old boyz for awhile
al least there is the makeing of a resistance going on.

umm code i just found something that is rather fucked up......look at this

#Name:xxxxxx_xxx_xxxxx_xxxxxxxx.iso;

#Hash:FF4CE18015xxxxxxxxxxxxxxxxxxxx;

#format: a.b.c.d: port,expirationdate(yymmdd);

xxx.xxx.xxx.xxx:4662,030809;

xxx.xxx.xxx.xxx:4662,030809;

xxx.xxx.xxx.xxx:4662,030809;

ok just so you know im really not saying how i got this,because if i can get then so can other people....

can i just say its a damn good thing that i don't share mp3's or movies right now.

But, Code, the RIAA probably WOULD have slipped in under the radar on this one if they hadn't taken such a hig profile approach in the courts.

How many of you have come to this site because you are now interested in the RIAA's activities, i.e., the subpoenas?

We may not have huge numbers yet, but we got Norm Coleman's attention.

Once the subpoenas land in ppl's hands, the screaming will get louder, and the media won't be able to ignore such a 'hot' story. Sure, they'll put a spin on it, but word of mouth will still create some whopping urban legends. And Goliath (RIAA) won't be the good guy in those legends.

Exactly, sera, it's smart not to do any of that online right now.

If ppl get popped for it, they won't be in a position to participate in anything, boycott or otherwise.

Let's face it, the gov't and big business can't stand to have something around they can't control.

ok i got it,you need to block ip addresses in order for people not to get this,well the bad ips anyways,so people listen up.

keep PeerGuardian upto date and all your file shareing apps.

for the emule ipfilter.dat go here
http://www.atheistdictionary.com/ipfilter/

it will auto update the ipfilter when you are getting scanned

ok got it now you can set it to autoupdate and it will block all KNOWN bad ips.

but you have to check the box in the preferances

you're right Average...with good peolple like you...we are going to win!
seraph...whose box is hosting the mysterious file?

mine has this file...and if i can get the file so can they

I agree, Code, we need to remind ppl to keep the inflammatory rhetoric down when we talk to the media or to other ppl we're trying to convince.

We can't sound too extremist, or they'll stop listening.

On this forum, however, I enjoy the give and take between us.

Some of you guys who are more fluent in the software end of computer use need to keep us up to date.

Thanks to you and sera, we have some good info coming in.

I know I appreciate it, it shortens my learning cuvre quite a bit.

ok if your shareing mp3's or movie files on the emule/edonkey network this could be a bad thing....so move to something safer for now.

look on http://www.zeropaid.com for other software untill there is a fix for this exploit

with Kazzaa does blocking port 1214 stopp the RIAA..IDIOTS.. ?

no you have to block there ip addressess to keep them off of your machine....are you still useing just plain old kazaa? get the k++ edition it has an ip blocking script in it so it will block ip addressess.

go here to find out more

http://www.zeropaid.com

along with the port blockers and firewalls, make sure your AV software is upto date, i have done some work for people and have found subseven type trojans in a few music files, panda online and AVG both found them, but for some odd reason updated norton didn't, i believe the RIAA IS in fact trying to spread some viruses to make their job easier...

also, if you have a highspeed server you could set up you could make ALL your files safe to download simply by making the start page something along the lines of "these files are for backup purpose only, ID if your CD has gone bad and no longer plays" then you are coving you own ass from lawsuit because there is NOTHING wrong with downloading songs you already have purchaced, so what if you can't check to see if everyone or even anyone really has it

ok talking to the emule peeps o there board and it isn't looking good.

belive me, the RIAA has it's own emule-client which shows the IP of every user who are connected. This is realy not a problem to change this part of code!

that what i got so emule/edonkey is not a safe place to be.

I wonder if all this is going to lead to people moving all data off their hard drives and just storing it on CDR media?

Sure, it will effectively squash file sharing, but it won't sell any more big-ass hard drives either.

Interesting. No share, no buy. They sure as hell won't make any money that way.

For that matter, if I want some data files from someone, I can just ask around, and we can share them that way.

As for Palladium, it looks like I may have bought my last new motherboard and CPU. My old p2-333 is still running strong, as are all the other machines I have now.

I've been using GhostSurf as a anonymous hubs and tested it out on the sites where they try to identify your ip address and i'm glad to say so far so good. None of the sites can identify my real ip address. Any comments fellas?

this is first post, but i have been reading this site for a while now.

i have a question. I am a computer science major, so i have to write programs on my computer. now obviously, any program i write for a class would not be TCPA certified.

Would that mean that I would not be able to develope my own software for my classes anymore if I bought one of their systems(which i never would)?

The problem with all this, the average user won't know what the hell is going on.

All those Dell, HP, and Compaq users won't have a clue any of this is happening.

I hate to say it, but it's gonna happen anyway, no matter what we do. All those sheep out there are going to use whatever the gov't tells them to, as long as they can have a computer.

That doesn't mean I'm just gonna roll over and buy it. I'll make it a point to hold out for however long I can.

I feel sorry for our kids. The damn RIAA is going to hardwire their brains if we can't get some changes made.

I don't know, drum, but you are one of the ones who will be in a position to make some changes, if even covertly.

Don't get yourself in trouble, but learn everything you can, the best way you know how, and then you can do what you feel is the right thing.

All those programmers and code writers and sysadmins in legitimate industry right now are in a position to do some real damage if they wanted to.

And I bet a lot of them are avid filesharers, too.

Got a link to the IP's I need to block?
I'd like to throw them in my firewall.
Thanks.

Righton, your firewall is not going to block out the id of your ip address. When you get on the web the ip address that is assign to you by your isp is capture to whatever web site you go to.
That is why the RIAA is subpoening the ISP's for the user's name and address.

Everyone should go to www.grc.com and try out their SHIELDUP ip testing program and see if your true ip address comes up during the test.

What I'm asking is what are these(RIAA and others)IP numbers so I can throw them in my firewall. There was a link awhile back that listed these IP's but I didn't bookmark it and now can't recall it.

I've been using the beta at ANONIP.COM. They hide your IP address behind multiple proxys before your traffic hits the net. I've tried the service with lots of software and it works well!

When the new Palladium comes out will Mr. Gates totally remove the older O.S. before Me? I've heard nothing but horror stories about this o.s. and the security holes all over it. Totally non user friendly I do believe was what I read. Meaning the whole security, updates, and settings will all be done auto without the need of human intervention except at the HQ.

Hidding Ips can be tricky. Their bound and determined to bring down anyone.

i think that our govt is evil plain and simple.

especially that evil bush guy.

we should block the govt off the internet (we can do that) until they
respect us as the rulers, not them.

or they just blow our heads off and undo the blocking...

the bottom line in my opinion.

I'm not trying to change what the RIAA SHOULD do. I am boycotting because I am going to change what they CAN do.

LOOK:

http://www.cdt.org/publications/pp_9.18.shtml

this link is:

CDT POLICY POST Volume 9, Number 18, August 5, 2003

A Briefing On Public Policy Issues Affecting Civil Liberties Online
from
The Center for Democracy and Technology

(1) Bills Introduced to Curb PATRIOT Act Powers
(2) Congress Expresses Concern About "Data Mining"

and by the way, rubber hitting the road, I'm not sharing "ILLEGAL" files.

I am sharing the greatest speeches in american history, spoken live, and a tempting bit of bait, "Poetry in motion", as an mpg from the toyota company, released as an advertisement. I'm curious to see if they are sueing free agent advertisers.

I agree that the much larger problem is the insidious plans of the software and computer industries (with the help of pending legislation) for legally mandated Digital Rights Management (DRM). We will be forced to hand over control of our computers, probably to some governmental agency that will be appointed. (I can't imagine they would let Microsoft have THAT much power.) Every program you run, evey document or image that you download, would have to "approved". It will also facilitate the government's ability to keep track of everything you do online and build profiles for each person. Is this Big Brother, or what?

Fortunately, Microsoft recently lost a DRM lawsuit by InterTrust over patent infringement. However, this will only delay the process. Once this case is settled, implementation of DRM will be back on track. While we're so concerned about the threats to P2P file sharing, we're about to lose a lot more than that. We're about to lose all the freedoms that the computer and the internet brought us.

Please tell me I'm just being paranoid, but that's what I'm getting out of what I've been reading lately. If it's true, our efforts are in vain. We, the American public, lost big time.

Hermit?
I followed the link and read the material. My question is, will these laws/acts indeed have an affect in limiting RIAA's current actions? Needless to say, with the growing concerns with DRM and TCPA will it also limit their actions as well?
Or will this be another issue where, due to vaque wording thats creates loop holes in laws/contract/terms that these/they can slip through or manipulate to their advantage once again?

Righton:

There will be no loop-holes. The DRM restrictions will be hard-wired onto our motherboards and further enforced on future versions of operating system software. If pending legislation is passed, they will be legally mandated. No way around it. Keep your current computer running as long as possible. Future PCs may be useless.

No my friend your concerns are legit.
The book 1984 is looking more and more like a reality waiting to happen, just around the corner.
The problem is, our youth.
Let me explain.
Most of this nation youth(not all but most)don't give a flying hoot about any of this. They don't even care about voting, don't care about the power of knowledge and understanding that it provides and powers each generation.
Very little concern about work ethics.
The concern for family and home life is minimum. Very little if any understanding or concern of and for the constitution. This youth is cased in apathy. So the Big Brother reality is coming, unless our youth gets a strong personal convicttion to learn, contribute and get involved to fight against this. Us olders ones(mid 30's and on)can't do it alone, it takes a team effort of everybody of all races and age groups. These are very serious issues we are facing and fighting against. Our constitutinla rights, the freedom to protect pursue life liberty and happieness is be threatened.
Everything our country has fought for, stands for and represents throughout the pages of history is being threatened.

So, no your not paranoid...you have a heart and mind that cares, and that my friend, is and will always be a good thing.

Righton:

I agree with all you have to say. I'm 50 and I'll continue doing what I can, but it's the youth who will determine our future. I hope they rise to the task.

So, its alittle to late in regards to DRM? About how long do you percieve such code(DCM)will be implemented in mobo hardware? What will this do for CD-R's/burners? Will they(manfufacters)be forced to comply with the implemtation of DCM? You see where this is going? Another history lesson repeated "Tea Party". Even though were not there yet thats the direction were heading, a revolution and or a breakdown of government in this land. They're using the internet concerns to hide behind and blow smoke up our arse's. The real issue is crooked politicans with no back bone to stand up for whats just and right.

Righton:

It's happening already:

http://www.you.com.au/news/1219.htm

"Intel intends to include the [DRM] technology in the Prescott chip design, which will succeed the Pentium 4 as the Santa Clara, Calif., company's flagship PC chip in the second half of 2003."

The good news, if there is any, is that there is considerable public opposition. Hopefully, people will be smart enough to resist it. If noone buys there stinkin' computers, they may have to re-think.

Thanks, "IFeelFree" thats very good valuable info.
Time to bring back out the old slot mobo's I have and buy up some socket mobo's before DRM gets implemented into the newer strand of mobo's yet to be released. I just ordered Solteks Nforce2 mobo, I'm still good with that one. Even the current strand of mobo's are unaffected, right?

I posted my concerns about the DRM at another site awhile back and got flamed big time. Ignorance will be the downfall of this generation.

Righton where did you post at we all need to go there and do a post also. They see we all don't want it they will get the message.

So have people been actually getting the copies of the subpoenas in the mail yet from their ISP? Or is it still a guessing game on who is getting them? Just curious if the process is that far along...

diab999:

It's not a guessing game since you can find out online if your user name has been submitted to an IP. (See the EFF website.) The actual subpoenas to users are supposed to start occurring later this month.

It could be a guessing game for those who use the default user name. Also, since a majority of ISPs use DHCP, it could be quite difficult to see if your IP has been nailed.

I can't get Comcast to tell me if/when my IP has changed in the last month, and what my previous IPs were.

Actually, some would say a better motto for the repeal-the-DMCA movement would be along the lines of:
"Hey-hey, ho-ho,
DMCA's gotta go!"

I came across this site by accident but felt compelled to voice my opinion after reading the articles and comments. I have downloaded MP3's in the past (some known and some not; others impossible to find in any retail location) and find it absolutely appalling that the RIAA,Recording Industry ASSHOLES of America, are chasing users sharing files under the pretense of trying to salvage lost sales. Do these idiots follow any of the economic news at all. Contrary to what the media might tell us ,Retail sales are DOWN-EVERYWHERE. Their motives are not for the benefit of anyone but themselves. They call file sharing piracy while they themselves have been exposed for price fixing ! They are only concerned with controlling everything associated with the music industry ! Their own complacency has caused them to fall so far behind in a fast growing technolgy, that they are grasping at every straw to regain what they have lost. Had they have been more concerned about the wants and needs of their consumers this turn of events would not be happening. I hope their arguments in court(if it happens) are thrown right in their faces. PROOVE to a court of law that EVERY ONE is a pirate who shares a file from THE PRIVACY OF THEIR OWN HOME , You Bastards ! The word file-sharing speaks for it self---SHARING !. iF YOU DON'T LIKE IT TOUGH SH*T ! Adapt . Ever since the invention of reel to reel tapes people have used their own music to create something they enjoy listening to . 40 years of technology has only helped to make it easier. Again -- Adapt. I feel a little better after venting. Thanks for the site !

[Quote=IFeelFree]
  
Date: August 6, 2003 @ 2:19 PM
Righton:

There will be no loop-holes. The DRM restrictions will be hard-wired onto our motherboards and further enforced on future versions of operating system software. If pending legislation is passed, they will be legally mandated. No way around it. Keep your current computer running as long as possible. Future PCs may be useless.
[/quote]

this makes me so glad i own a Mac.... no drm implanted into our motherboards...
almost makes you wish microsoft had lost the anti trust suit.... and been broken up at least you wouldnt have to worry about palladium....

That Mac may not help if every site you go to checks for DRM and Palladium before it even allows access. The same would hold true for old equipment.

This is just as much about the elimination of MicroSoft's competition as it is about control.

DRM is something that I believe is going to a multiplatform phenomenon, driven to a big extent by the software alliance and big software names, as well as the MPAA and RIAA.
Steve Jobs certainly COULD enable MACs to take over more of the market share of computers by not playing the DRM game, BUT will he? Don't think so. Remember, Micro$oft also has a lot of bucks invested in APPLE.
-bulk

Like i've posted in other news articles, the record labels r just droiven by greed. I would be one of the first to buy a licence, I don't want to break the law, but it isn't fair the way the system is run.