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MPAA Sues Movie-Swappers 585

aacool writes "The MPAA has filed a first wave of lawsuits against individuals they say are offering pirated copies of films using Internet-based peer-to-peer file sharing programs." From the article: "The MPAA said it would also make available a computer program that sniffs out movie and music files on a user's computer as well as any installed file sharing programs. The MPAA said the information detected by the free program would not be shared with it or any other body, but could be used to remove any 'infringing movies or music files' and remove file sharing programs."
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MPAA Sues Movie-Swappers

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  • We need a lab rat! (Score:2, Interesting)

    by numLocked ( 801188 ) on Tuesday November 16, 2004 @08:28PM (#10837450) Homepage Journal
    I want to find out exactly how much stuff I have that the MPAA deems 'copy protected'. I would run their crazy program to find out, but I'm scared it's going to make me delete it all if I run it. Someone has to be first! If it will just give you a count, we could have a competition to see who has the most! Awesome.
  • by rsilvergun ( 571051 ) on Tuesday November 16, 2004 @08:30PM (#10837471)
    and it's probably already been done. I know there where companies specializing in this crap, and like all businesses they've probably got scads of patents. If not, I smell money...
  • Nice... (Score:5, Interesting)

    by The-Bus ( 138060 ) on Tuesday November 16, 2004 @08:31PM (#10837488)
    Somebody at the MPAA must be crazy if this is true.

    So this program, presumably similar to what they use to find movies and music, is actually available to everyone? So, for example, I can "check" "my" drive for any "illegal" music or movies? I've ripped most of my CDs onto my hard-drive. Of course the MPAA doesn't know if I own those CDs (they would have to prove I do not), but I will gladly direct them to the boxes downstairs where I keep all the jewel cases (for the record, since file-sharing, my music purchasing has gone from 1-2 CDs per month to 3-4 CDs per week).

    Other people might use the program as "insurance" to make sure they are safe from any one tracking them.

    As I don't have anything to hide, I would not mind using that program. Rest assured I would do my best to make sure information isn't being sent somewhere (custom host file? firewall? who knows).

    So, my guess is I am the anomaly and would actually not mind downloading that software and trying it out.
  • Bittorrent block? (Score:2, Interesting)

    by Anonymous Coward on Tuesday November 16, 2004 @08:32PM (#10837505)
    I have been having problems with bittorrent lately. Anyone else seeing trouble? All I use torrent for is Linux and BSD iso. Could the MPAA and RIAA be starting to mess with iso file transfers? I know my server (telus.net) has started to monitor some of the torrent traffic.
  • yay, more freedom (Score:2, Interesting)

    by TurtlesAllTheWayDown ( 688108 ) on Tuesday November 16, 2004 @08:35PM (#10837542)
    The MPAA said the information detected by the free program would not be shared with it or any other body, but could be used to remove any 'infringing movies or music files' and remove file sharing programs.

    Wow. Yet another definition of "freedom" in software.

    Free as in [freedom|beer] now:

    freedom as in slavery!

  • by to_kallon ( 778547 ) on Tuesday November 16, 2004 @08:36PM (#10837546)
    The trade group said it would also join with the Video Software Dealers Association to place educational materials in more than 10,000 video stores nationwide. The materials will include anti-piracy ads that are also playing in theaters.
    would these be the same ads where low-paid lighting technicians and extras complain about piracy because they are losing money(ie. the same ads salaried workers are paid extra to claim their payment from a film has anything to do with the profit of the film itself)? or would these be the same ads where the movie industry parades around its underpaid workers while "forgetting" to mention that, even if [imdb.com] a [imdb.com] movie [imdb.com] is [imdb.com] horrible [imdb.com] the "stars" will still get millions?

  • by whoever57 ( 658626 ) on Tuesday November 16, 2004 @08:37PM (#10837556) Journal
    Parents!

    There have already been well publicised cases of families having to settle with the RIAA because of a child's filesharing activities.

    I expect this will be promoted by the MPAA as a way for parents to ensure that their children don't get the family in trouble.

  • Re:Nice... (Score:5, Interesting)

    by Coneasfast ( 690509 ) on Tuesday November 16, 2004 @08:37PM (#10837560)
    I've ripped most of my CDs onto my hard-drive. Of course the MPAA doesn't know if I own those CDs

    well maybe this program has an intelligent way of finding out if those files are in a 'p2p-shared' directory or not. (my guess is probably not though)
  • by Anonymous Coward on Tuesday November 16, 2004 @08:38PM (#10837565)
    Yeah. Or they could just not download the program, as it's 100% voluntary. Sheesh.
  • Hmmm (Score:5, Interesting)

    by Azureflare ( 645778 ) on Tuesday November 16, 2004 @08:38PM (#10837568)
    Will they be suing individuals who are serving up massive amounts of movies (as the RIAA did with mp3 fileswappers) or will they just be going after everybody who's offering anything up? Also will they be suing people who are distributing movies which are not copyrighted by Hollywood? And is this against people who are currently sharing movies, or also those who have shared in the past? And if in the past, how far in the past? I suppose these questions will be revealed when there are more details about this (there seems to be almost nothing right now).

    I'm rather interested to see about this. I only use BitTorrent right now; are they tracking bittorrent users as well?

    I wouldn't be surprised if they were (BitTorrent is inherently public after all), but I'm wondering what they will do about Japanese anime type of stuff (Since that's the only thing I download these days).

  • by Justin205 ( 662116 ) on Tuesday November 16, 2004 @08:41PM (#10837605) Homepage
    Maybe these "concerned parents" would be better off monitoring their children's internet use actively, as opposed to after-the-fact.

    That's the problem with many of the young people of these days - the parents don't care enough.
  • by Anonymous Coward on Tuesday November 16, 2004 @08:43PM (#10837626)
    it seems they're just going after pirates not the actual services

    and to tell the truth, most P2P apps are for piracy.. kazaa's only purpose is piracy.. no one will use it for real legal file sharing.. that is what BitTorrent is for.. the first truly usefull p2p app that has more uses than just piracy

    Which makes me think.. can they even go after pirates on BT? I mean sure they can see whos downloading/uploading a file, but they cant see if that person has other movies, or if hes uploading movies just because or if hes just downloading the movie for personal use.. sure its still piracy but the RIAA doesnt go after someone sharing 1 song or downloading 1 song, they went after people who had gigs upon gigs being shared 24x7.. something that, while possible in BT, cant be confirmed.
  • Re:Too funny! (Score:4, Interesting)

    by Bagels ( 676159 ) on Tuesday November 16, 2004 @08:46PM (#10837646)
    Wake me when they add WinNY to the list. Mind, without user names or IP addresses, and heavy encryption on content, that'll be a bit hard for them.
  • by spyrochaete ( 707033 ) on Tuesday November 16, 2004 @08:47PM (#10837659) Homepage Journal
    I think people have the right to be policed by POLICE, not by companies. Companies should have the right to hire reputable companies to research suspected copyright infringement. Corporations should not have the right to snoop on people's private property and delete whatever they want - ESPECIALLY with an automated utility. If it was okay for anyone to be their own police, that would be anarchy. If America was anarchy they wouldn't have just had a presidential election.

    Plus it's the MPA*A* - America only. I hope the MPAA does go through with this hackneyed plan so that they delete the private, legal files of some poor Brazillian who, in turn, sues the MPAA and the American government for allowing such a travesty.
  • Re:yeah, right (Score:5, Interesting)

    by Beardo the Bearded ( 321478 ) on Tuesday November 16, 2004 @08:53PM (#10837709)
    Nope, they have more money and lawyers, so they'll win every court case. That's one of the reasons that these tactics can't work in Canada or other places with a loser-pay system.

    If they sued me, I'd find ten lawyers who'd work for the "we'll get paid after the case" idea. Then the CPCC (our equivalent) would have to pay my lawyers.

    It doesn't really matter. We pay a fee on all blank media, and in exchange, we can freely download music, software, and movies - legally.
  • by La Camiseta ( 59684 ) <me@nathanclayton.com> on Tuesday November 16, 2004 @08:55PM (#10837741) Homepage Journal
    Great. So now this'll just further fuel the movement of the extremely large file-sharers to move to those P2P networks that are completely anonymous [wikipedia.org], like GNUNet [ovmj.org] or Freenet [freenetproject.org].

  • by Jace of Fuse! ( 72042 ) on Tuesday November 16, 2004 @08:57PM (#10837760) Homepage
    Couldn't an enterprising individual just "back into" those reference names and rename his files to something that then won't trigger a flag?

    No. Renaming probably doesn't help. This software almost certainly searched for files by hash. In fact, some file trading services such as e-donkey actually search for the files by Hash. You can find the Hash from FINDHASH.ORG [findhash.org] making it easier to find the movies you want. Not only does this allow you to find the same file which has been renamed several times over by other users, but it also allows you to be sure that the file you are downloading is in fact the file it claims to be.

    All the while, sites like FindHash.Org are perfectly legal as they do not contain the files in question, but rather only hashes by which they can be identified.
  • Re:yeah, right (Score:2, Interesting)

    by taylortbb ( 759869 ) <taylor@byrnes.gmail@com> on Tuesday November 16, 2004 @08:59PM (#10837776) Homepage
    Although right now it is a opt-in I think they are doing it so they can go to the government and say "We've got this program that works, now make ISPs filter for us". If they can prove it works, they might be able to convince ISPs or the Govenrment that it is a "Good Idea". That part is what worries me. Or in 6 months we find it never completely leaves your computer and keeps on deleting P2P apps and movies, and a reformat the only way to get rid of it.

    I hope this goes the way the CRIA (RIAA Canadian Equiv.) suits went in Canada, the ISPs all refuse to give up the information, they are taken to court, and the courts rule in the ISPs favor. I hope htat sent a precident when the MPAA of Canada starts suing.

    But, only time can tell. If they courts rule for them then I might have to stop my movie/music downloading.
  • Re:Three words... (Score:1, Interesting)

    by Anonymous Coward on Tuesday November 16, 2004 @09:16PM (#10837913)
    If you are a good admin there is no way they should have the rights to install this kind of crap to begin with.. so validity for taking over a network and making it compliant.. but not for an infastructure that has existed under your care for a while... it's all moot if you can't fire people for doing it anyway.
  • Too high a price (Score:5, Interesting)

    by serutan ( 259622 ) <snoopdoug@RABBIT ... minus herbivore> on Tuesday November 16, 2004 @09:24PM (#10837974) Homepage
    How expensive are movies and recorded music? I'm not talking about $8 movie tickets or $20 CDs, I'm talking about Total Cost of Ownership. Suppose some random person had to die every time a new movie was made, or every time a CD was released. Would we value our entertainment enough to tolerate that? What if the RIAA and/or MPAA had to electronically approve every file you saved on your hard drive, and could scan anybody's files at any time?

    Helping movie studios and record companies continue to exist in spite of technology that makes it trivial to violate their copyrights does not come free. At some point the cost of these forms of entertainment is too much. How many FBI agents will we need to enforce the technology restrictions the entertainment industry wants to impose? How many more lawyers will we have to support? How much personal freedom will we give up so Hollywood can exist?

    At some point you have to cut your losses. I wouldn't go to movies or buy CDs if they were $50 a pop, and I would personally rather live without them entirely than give the people who run studios and record companies all the powers they want, or pay the monetary cost of keeping the system going.
  • by NewsWatcher ( 450241 ) on Tuesday November 16, 2004 @09:29PM (#10838006)
    Did anybody else notice this from the bottom of the article?

    Copyright 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    And just below that:

    PRINT THIS ARTICLE -- EMAIL THIS ARTICLE

    I mean, stupid unenforceable copyright notices are one thing (especially when it relates to an article that is about illegal distribution of copyrighted material) but then they actually include a link to email it on, encouraging people to break their own rules?
    What the hell was going through the minds of the designers of msnbc's website they built that sort of functionality?

  • by burns210 ( 572621 ) <maburns@gmail.com> on Tuesday November 16, 2004 @09:54PM (#10838224) Homepage Journal
    Freenet isn't quite ready for kazaa-style use. It has issues with reliability, inerstion(you don't share, you 'insert', which makes the situation more difficult) and retrieval...

    I have said it before and I will say it again. If Freenet would add an option to 'host' (share) files without locally even while losing a significant ammount of anonymity(the routing still hides you, but not to the extent of a suppresed chinese christian would want) things would go SO much easier.

    I have a gig+ of software I want to share... Plus things like isos and would-be bittorrents. If I could seed/host those on freenet, instead of having to 'insert' them(the downloading would distribute them akin to insertion anyway, just not initially) that would make kazaa-style use more more doable.

    This way, I can gauratee availability of a file, while freenet drops files after certain ammount of unuse.
  • Re:Three words... (Score:3, Interesting)

    by sadler121 ( 735320 ) <msadler@gmail.com> on Tuesday November 16, 2004 @10:03PM (#10838320) Homepage
    so how long before ISPs are going to be required to have these programs scan packets going across there networks?

    In which case I will encrypt all of my data to a proxy server off shore. That way there's no way in hell my ISP will be able to look at what I am doing, and any file sharing program I use will show me downloading form outside the US.

    I really don't see this effecting me, because I can get around it, long enough for the public to wake up, and realize they are getting raped in the ass by big brother and it's buddy, Corporations.
  • Re:Sure, so long as (Score:5, Interesting)

    by MikeXpop ( 614167 ) <mike AT redcrowbar DOT com> on Tuesday November 16, 2004 @10:22PM (#10838462) Journal
    You would literally get off easier if you went and stole the DVDs form a store. Now that's an actual real theft, with reall loss (you took something of value they had, depriving them of it), not just copyright infringement.
    Not quite. If you steal it it only hurts the retailer.

    Here's an example. Imagine if Sony put out a CD you wanted and sold it to WalMart for $10. Then WalMart would price it at $12 for the consumer. If you were going to buy the CD but instead pirated it, then there is a loss. Sony loses a theoretical $10 and WalMart loses a theoretical $2.

    Now consider if you steal it instead of download it. Now, WalMart has lost an item they paid for. They have a theoretical loss of $2 plus an actual loss of $10. Needing to buy more, they purchase another copy from Sony. Now, it's just like Sony made a sale. Sony loses nothing from this.

    It's actually better for the RIAA if you go to a store and steal a CD.
  • Re:Hmmm (Score:2, Interesting)

    by Anonymous Coward on Tuesday November 16, 2004 @11:51PM (#10839050)
    Yes. They are tracking bit torrent. I got a fowarded email from my isp for downloading Stargate SG1. Hell, tracking bit torrent is trivialy easy, the tracker will tell you the ip of every seed and downloader.
  • by 615 ( 812754 ) on Wednesday November 17, 2004 @12:05AM (#10839147)
    Fuck the law. Seriously. If we obey every law that our government throws at us, we'll never win this war. There are some laws that simply should not be.
  • Re:Sure, so long as (Score:1, Interesting)

    by Anonymous Coward on Wednesday November 17, 2004 @01:05AM (#10839485)
    The damages they ask for are reasonable. If they sue for, say, 2-5x the price of the DVD I'm behind them. That's enough to make it unattractive to copy it (I mean who wants to pay MORE for a poorer quality copy) but still a fair and reasonable amount, as required by the constution. If, however they sue for the statutorly allowed amount of $150,000 per infrimgement (which they will) then I cannot support that. That is basically saying they will financially ruin you simply for copying ONE movie.

    No, that isn't what it said at all. If you got down off your soapbox and looked at the facts, you would note that the people they are going after are those who share movies. The situation isn't too different from bootleg DVDs, The guy who is distributing them is going to be in a whole hell of a lot more trouble then the person buying them. If you download a copyrighted file then that is only one copy pirated. If you share a copyrighted file, you could easly help thousands of other people pirate copies.
  • Re:Not even (Score:2, Interesting)

    by nofx_3 ( 40519 ) on Wednesday November 17, 2004 @01:29AM (#10839595)
    Won't this severly decrease the effective lifetime of the drive. Each right cycle brings it closer to doom, and you are talking about multiple cycles on all free space once a week. I've had drives fail after just a year or two of "regular" use. I guess this is a good compromise if you have data that you want to secure, but if you are just wearing your tin-foil hat, maybe consider doing this at a longer interval.

    -kaplanfx
  • by Anonymous Coward on Wednesday November 17, 2004 @04:23AM (#10840213)
    There is an anomoly that many webmasters are truely scared of. It's being slashdotted. When you build your infrastructure to handle your planned needs...and then a story leaks on /. and all hell breaks loose. Every nerd on both sides of the big pond pounds your site to smitherines because of the sheer number of nerds with time on their hands.

    Here is an idea. When the tool is released...download it....and download it again...and again...and again..and again..and again. Delete it and repeat.

    You aren't attacking their network...you are downloading their product...you just can't seem to keep a copy handy and therefore must download again...one copy for all your computers in the racks. Someone has to pay for the bandwidth.

    You give me 10,000 users willing to download for a week non stop and I'll show you a miserably failing campaign that cost the MPAA more money than their pride will ever admit to.

    If the MPAA wants us to pay...make them pay 10x more....bleed them dry.

    Also call their 800 number and sit on hold..they will pay for every minute you are connected to them...everyone call...everyone hold..hang up and call back. IF they truly want to play hardball..and you guys are truly ready to take them to task...then it's time. No postering...no complaining...just do it.

  • Re:Three words... (Score:3, Interesting)

    by Grym ( 725290 ) on Wednesday November 17, 2004 @07:17AM (#10840648)

    The beautiful thing is the industry is also raping the public domain.. 75 years ago. Go lord, you watched something that even those with survived WWI watched in their childhood?

    The real absurdity of the time limit becomes apparent when you realize that, seventy-five years ago, we were just entering the sound-era in film and Hollywood, as we know it (the bloated, industry that wants these laws the most), didn't even exist.

    Even more absurd, the average lifespan of a U.S. male is 77.43 for males (80.36 for females) [cia.gov]. Meaning, if you're male, you'll probably never be able to experience any of your favorite movies, books, or music--pieces of our common culture and heritage--without paying for it. And if you're female, you're not much better off because you're only LIKELY to see copyrighted material from before your sixth birthday go public domain.

    -Grym

  • Re:Except... (Score:2, Interesting)

    by M82A1A ( 829731 ) on Wednesday November 17, 2004 @09:25AM (#10841177)
    I think there is a fair chance that the EULA might not be upheld. It is a basic exculpatory clause, protecting them from their own negligence. First, one cannot obtain release from liability from intentional torts. If you have not given the MPAA authority to delete files off your computer and they do, that is an intentional tort - destruction of property. Now, one could say that by accepting the EULA and installing the software you gave them authority. It is pretty clear that whoever installs this software has no bargaining power. My question would be did the installer assent to the terms of the contract? Did they know what they were? I guess it depends on how they bill the software. If they make it really clear that it will delete files, I think users have less of a reason to get mad. If it is hidden and unclear that it will delete files, I do not think the exculpatory clause will hold up.

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