MPAA Sues Scour: Will Google Be Next? 187
BoFiS writes: "Well it seems the MPAA (Motion Picture Association of America) was feeling left out of all the suing action going on between the RIAA and Napster because News.com reports that they have filed a suit against Scour for aiding in the transfer of illegal/bootleg copies of movies. The article also talks about the DivX format that many movies come in, but not much about the suit itself." Scour may raise privacy concerns, but isn't their service essentially content-agnostic?
Re:Who's next? (Score:2)
Bah, they'd have to sue Britain for indirectly starting the US, which exists for the sole purpose of starting the internet which exists for the sole purpose of .....
-PS
Re:huh? Why would Google be next? (Score:2)
I think I will buy some of the "Stop the MPAA" bumper stickers for my car from 2600
Re:more of slashdot's BS articles (Score:1)
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Re:Google? (Score:1)
Re:This is a rant. I know. (Score:2)
it's usually not that easy to tell one ranting idiot from the next, that's why i login.
How is it that you've decided to let the industry that controls the creation of an artifact, define the legal definition of it's use? This "piracy" shit is coming straight from their mouths, and it has only one goal. It's FUD, and you know it. I'd like you site an example where more exposure to artistic endeavors has decreased the demand for such things. You even said yourself MP3 sounds like shit. You also said that real music fans will still buy albums (and I heartily agree). So how do you defend the idea that a limitless resource should be made limited solely because the people who make money off of it think that should be so?
Even the writer of the DMCA thinks it is crap now. He had no idea how to create a viable digital marketplace and these trade industry groups knew it. So they pushed their agenda, which now seems obvious "sue every new form of competition to oblivion over the laws we wrote two years ago."
hmm?
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Re:Sadly, I must agree with the MPAA (Score:2)
I feel for your friend, but no one suggested stepping in and "saving" the horse-and-buggy makers. Technology can move on, and business models sometimes -- despite all the FUD of the RIAA and MPAA -- sometimes do become obsolete.
Re:Scour has to win! (Score:2)
"This year, it's the ballot or the bullet! The ballot or the bullet! It's either going to be the ballot or the bullet! You're going to have to choose - will it be the ballot or the bullet? The ballot or the bullet. It's going to be the ballet or the bullet." --Malcolm X
P.S. It's spelled "loses". When you use two o's, you get "loose". Thus, if I refer to you as a "loser", I am implying that you are "one who loses"; if I refer to you as "looser", I am implying that one or more of your orifices are less tight than the average heterosexual male.
Also, after careful reading, it should be clear that the parent post is not flamebait, and this is.
Re:more of slashdot's BS articles (Score:1)
Re:Ah yes... (Score:1)
"This lawsuit is about stealing," MPAA president Jack Valenti said in a press conference this morning. "Technology may make stealing easier, but it doesn't make it right."
That's for sure. It's about the MPAA's right to steal.
And technology may make it easier to "steal," but that does not make this lawsuit right, nor does it turn technology or search engines into burglar's tools.
As usual, news.com is virtually useless and doesn't list anything resembling what the actual cause of action is. Contributory infringement? Vicarious liability? Some provision of the DMCA? They don't tell us. Jerks.
Re:Just the past few weeks? (Score:3)
Pretty bad news for Nasa ....
Re:No google will not be next. (Score:1)
Yep. At the very latest "Stranger in a Strange Land" would've made it a shoo in.
Re:This is unfair to Scour (Score:2)
Let us not forget when Disney's legal department sued a daycare center for showing Disney animanted films to kids, claiming they didn't have a multi-thousand dollar distrobution license. (The PR department got wind of it, and very quickly granted the daycare center a free license before the legal eagles made Disney look even worse than it already did for "suing children.") I'm not sure we can even blame the MBAs running the big studios. The ones behind frivolous lawsuits are the legal departments. It doesn't matter if the MPAA's case is thrown out of court, the laywers still make a cool couple of mil' on the deal.
--GrouchoMarx
Re:Apathy, lawyers, and corporate control (Score:1)
which leads me a little off topic: I heard today that part of Gore's platform is that he'll hire 10,000 new prosecutors to disperse amongst the states, if he's elected. We all know what bored prosecutors do, they bully corporations and peasants (the only two types of American) and they are in full swing acendancy these days, with tobacco, handguns and Microsoft. While some of you may applaud the latter, how long before they set their sights on someone/something you care about?
:)Fudboy
What a fucking boneheaded move (Score:3)
I mean, talk about bad timing! Napster would have to rank at or near the top of the list of most covered Internet stories ever. You don't think the press isn't going to see this as a Napster analogue and just gobble it up? If there's one thing that really cemented Napster's growth, it's the fourth estate. I doubt if they would have anywhere near 20,000,000 users if Shawn Fanning wasn't on Newsweek and every newspaper and pop-culture rag in the country wrote multiple Op-Ed and news pieces on it.
And now this flaming idiot Valenti decides to sue! I really, really do feel for Scour - not because they're being sued. Ho no - I just hope that they have the bandwidth and servers to accomodate the five to ten extra million people that are going to sign on once the word "Scour" gets drag through the press just like "Napster" did a few months ago.
On one level Valenti is doing the right thing, I suppose. But come on. How stupid can you get? I would have at least waited until the Napster issue became stale with the public before throwing essentially the same lawsuit on the table again. It doesn't take a genious to tell you that Napster has benefitted from the RIAA suit far, far more than it has suffered. Even if they end up losing, they've built a brand-name that no amount of advertising could have ever hoped to achieve.
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what will be next?? (Score:1)
Re:Who's next? (Score:1)
Re:more of slashdot's BS articles (Score:2)
Re:These are NOT full flicks (Score:1)
They go through the legal system because its all they know. Instead of being smart and figuring out the system, they rely on "the old world" way of thinking...
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Humancasting [sourceforge.net]
Re:more of slashdot's BS articles (Score:2)
What we offered at Tek was a service. We encoded and classified the music, provided the playlist service, and kept track of the statistics. Like someone else said in this thread, dont shoot the messenger.
Oh, and I'm flattered you remember :)
"jeff"
Re:Sadly, I must agree with the MPAA (Score:1)
I don't think I've ever been to a town that has a triving "red light district", but I've been there on the Net.
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Re:more of slashdot's BS articles (Score:5)
The fact that you can download the music from within the scour interface is irrelevant. Music files on the internet may be copyrighted by bg labels, or they may not be. The industry has a very large share of the copyrights out there, but that doesn't mean that they should be given control over ALL music distribution.
People are copying copyrighted music out there and I think that is unethical. However, I do not believe that going after the mode of transmission is justified. The cost, which will be squashing independently recorded music forever, is simply too great.
In short, don't be trapped by the industry's mind control attempts.
Sue! (Score:1)
This is unfair to Scour (Score:3)
The studios were apparently thinking about working with Scour for content, but instead have slammed them with a lawsuit through the MPAA. This is the wrong move, following the lead of the RIAA and Napster - it's not the way to make money. The studios want money, and few people have the bandwidth to download such movies right now - so these studios aren't losing money. IMO, it's far better from a business-stance to make deals and do movie promotions with a company like Scour - that could actually lead to some revenue. These lawsuits just lose money for everyone in legal fees.
Re:Lighten up - Change is good! (Score:1)
Oh, you mean like obesity?
-- Jabber: Get the Message @ http://www.jabbercentral.com/ [jabbercentral.com]
Re: MPAA Sues Scour: Will Google Be Next? :p (Score:1)
I need someone to sue (Score:1)
Kate
Re:Sadly, I must agree with the MPAA (Score:1)
I won't say they're inherently bad, but my sense is that most communities think they're something of an embarrassment and would be happier if they weren't there. If the Internet provides cheaper, more discreet pr0n to those who want it, and towns and cities get to improve their image without having to resort to draconian zoning measures (etc), then everybody wins IMHO. (Except, of course, the owners of the pr0n shops... but they can tell their sad stories to the buggy whip salesmen for all I care)
ummmm...2600? (Score:1)
the mpaa isn't feeling left out of anything, they've been suing 2600 [2600.com] for awhile now.
World a better place without IP? (Score:1)
Me too. It was such a drag when NetWare/IPX lost the protocol wars.
sulli
Re:This is a rant. I know. (Score:1)
It's great for classics, and I use it for such, but it's not nearly the same thing as the one true OLGA.
Re:more of slashdot's BS articles (Score:1)
Re:Sadly, I must agree with the MPAA (Score:3)
Internet porn is absolutely huge, there is amazingly massive quantities of it out there and you don't have to leave your house to get more porn than you'll ever be able to spank to for the rest of your life. That dude wasn't driven out of business by piracy, he was driven out by lack of interest. Who the hell is going to buy a ticket to a porn theater and get horned up when they can spend the ticket price on a subscription to a site that tailors to their specific kink and get truckloads of porn for the price of a movie. Shit, take every single pirated movie and clip off of the Internet and the guy still would have gone out of business, because there is just so goddamned much porn available that is legit.
The supply far, far, far outweighs the demand, and that dude didn't get it until it was too late; so goes business in an industry affected by changing technologies, which, to swing bizarrely back on to topic somewhat, is the same lesson that the MPAA, RIAA and every other acronym that bases their existance on physical media is having crammed violently up their asses. This doesn't make piracy right, and violators should be subject to prosecution, but lawsuits such as the MPAA vs Scour and RIAA vs Napster are a complete waste of these groups' time, as they are pissing away every dime that they spend on these stupid lawsuits rather than developing a new business model to adapt to the sudden turns that technology has taken over the past few years.
Deo
Utterly Clueless (Score:1)
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Humancasting [sourceforge.net]
Re:Sadly, I must agree with the MPAA (Score:3)
Huh huh. Huh huh.
Huh huh. Huh huh.
Just being online? (Score:1)
Precisely so (Score:1)
The Actual Complaint (Score:5)
Not surprisingly, the Proskauer firm, the same one in the 2600.com case is involved, as is Judge Kaplan's old firm, Paul, Weiss. I am personally disappointed that David Kendall of Williams & Connolly represents some of the Plaintiffs. Most may know him as one of Clinton's lawyers, but I know him (personally) as a longtime and good advocate of First Amendment rights.
Scour has to win! (Score:1)
Just the past few weeks? (Score:1)
Technology and big agencies like this do not mix. Change only happens quickly when it's done willingly or with resignation. Agencies and businesses that stubbornly cling to their notions of how the world works won't be changing any time soon.
On second thought... who cares! (Score:2)
<P>
Hey, but if your happy being feed the same story line with the same actors and the same "explosions" go right ahead and see Matrix 2 when it comes out. Enjoy Star Wars Episoid Two "Electric JarJar Boogaloo." I won't be in line with you. An I sure as sh*t won't be wasting my precious bandwidth downloading DivX copies off the web.
<P>
Will Timothy be Next??? (Score:1)
Is an open app the answer? (Score:1)
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Humancasting [sourceforge.net]
Re:Sadly, I must agree with the MPAA (Score:1)
Copying CDs (Score:1)
Programs like napster and scour promote use of technology. The more technology of this nature(not pirating, but easy to use and popular) that is around, the more people will become involved in technology. This means more people will become more competent with computers. It will speed up the advancement of technology, and help us all get those new toys we wanted much faster due to a greater number of people in the field(I still want a flying car or a transporter... or a lightsaber).
Software like this will, in the end, be of benefit to the whole of mankind, and such innovation should be encouraged.
-Plague
Little difference between scour and google (Score:1)
Scour is a search engine for media that has no prejudice in its results.
Google is a search engine for web pages that has no prejudice in its results.
I can search for 'windows 98 registration code' and probably find it using google
I can also search for 'metallica master of puppets' and probably find it using scour
Does this mean we sue both scour and google and take them down, leaving us with nothing to search with? I really hope not.
I semi-understand the hostility aimed at napster, but Scour is different. I have used scour to find trailers for Lord of the Rings, and X-Men for instance... Shown it to my friends, in turn making them want to see those movies... But who knows... maybe we should all just give in to this censorship...
Re:This is a rant. I know. (Score:1)
most MP3s contain music that has not been licensed by the website/scour/napster publisher. However, this is the publisher's responsibility. If I go to my favorite radio station's website and listen to their Real Audio stream, it's their responsibility to actually license that music. The same goes for MP3s. Storing those MP3s for personal use is fair use. Any service that facilitates making copies of MP3s from any source at all facilitates making fair use copies, since it is not the end-user's responsibility to license that music, it's the publisher's!
And even if cases in which music that is offered without being licensed also invalidates the fair-use component of copying and/or storing the music, prohibiting an copy-making service will also harm our rights in the cases where the music is licensed. In other words, prohibiting services such as scour, napster, and eventually lycos' mp3 search, irc, http etc. is patently an overbroad measure.
In conclusion; prohibiting products or services that enable copying harm the individual's right to fair-use, harms the progress of the arts, constitutes an overbroad measure by any stretch of the imagination, and IMNSHO has no basis in law.
You might as well prohibit CD-Rs and FedEx. Or pens. Hey, how about a tax on paper so only decent upstanding members of society can afford to print newspapers?
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Re:I find this disturbing (Score:1)
from cnet.com. It looks as though there is proof that the use of these online music sources does indeed lead to people buying the music.
They're scared (Score:1)
MUHAHAHAHAHAHA
-- Dave
Re:more of slashdot's BS articles (Score:1)
Interesting - I should get into a victimised frame of mind and start making money, because the court case against OJ caused Friends to be rescheduled, which meant I couldn't watch it, which caused psychological damage and clinical depression - how much money am I looking at in damages?
I hope you're right, but I'm unsure whether the courts would be willing to create a situation in which bringing a case to court in itself could lead to exposure to damages. Or is that what countersuits are all about? Sorry, my legal knowledge isn't up to this!
Why don't they just sue telnet, scp, and rcp (Score:1)
<SIG>
I think I lost my work ethic while surfing the web. If you find it, please email it to crispy@crotch.caltech.edu.
</SIG>
Re:Strange, I don't quite get it... (Score:3)
Odd that you should mention that: landlords can get in trouble over their tenants' crimes.
There's a piece of legislation here in the UK (and not all the tea in Burnley would induce me to remember an actual citation) to the effect that any landlord who permits premises to be used for the purpose of the consumption of any of a short list of illegal substances is liable to some smallish penalty.
Given the current state of play in the War on Some Drugs, I would be very surprised to the point of actual amazement if there wasn't something comparable in every single US jurisdiction, Oz, Canada and indeed just about everywhere you can get away with refusing service to people lacking shirt or shoes.
Back to the subject under discussion: the logic is that where the landlord has control over his tenants' use of the premises (and most leases contain clauses that provide at least some restrictions on use) he is in a position to either throw the tenant out or at least inform on the druggies.
The logic of this action is that as Scour has at least some control (or the means to exercise control, whether or not they do exercise it) over what happens on their site, they can be held accountable for what they fail to prevent.
Your mileage may vary as to whether that's a good thing in these particular circumstances.
Re:This is a rant. I know. (Score:2)
"What can I do to help?"
We make quarterly backups of our entire content. Please download them and hold onto them. Wait until the time is right and we can resurface.
Those archives are still sitting on my old 486DX/33 - I wonder if the HD has decayed by now.
Re:Sadly, I must agree with the MPAA (Score:1)
Re:This is a rant. I know. (Score:1)
who's next? (Score:1)
Sorry, just a little sarcasm to brighten up the day.
Re:This is unfair to Scour (Score:1)
The best the MPAA can hope for is a shutdown of Scour's linking service. They probably won't be able to recoup much legal fees (provided they win), so I think they'll probably lose money on this lawsuit because of the legal fees.
Re:Sadly, I must agree with the MPAA (Score:1)
Lighten up - Change is good! (Score:3)
The world is changing. It is obvious that many people would rather get their porn/music/movies/whatever over the net than in physical form, many would argue that this is a long term trend. Of course there are IP issues to sort out in this new environment and they will get sorted out, one way or another, and we will move on.
Your basis for supporting the MPAA is about as solid as the tobacco companies crying, "but what about our employees?" as if keeping a few thousand people employed in a stangant industry was appropriate compensation for massive health care bills.
Disclaimer: I don't care what the tobacco companies do, but I don't want to pay for some one's self-inflicted degenerative disease.
Disclaimer: I hate all forms of IP and think the world would be a better place with no IP or significantly less. Given the mass of capital invested in IP these days I think it's unlikely I'll see its abolishment in my time, but I feel it's important to fight when IP rights are being extended & entrenched.
Supprise.... "News for Nerds" (Score:1)
It started as a website for news that intrests CmdrTaco. Thats all it ever has been or will be.
Thats good in a way... It means the Slashdot editors accually know and understand what they are posting.
There isn't a single legal expert amoung the Slashdot editors... so don't expect legal news...
Re:more of slashdot's BS articles (Score:1)
Notice that something can be unethical, and I can still not give a wet slap about it.
If this confuses you, go buy a decent dictionary.
Re:Utterly Clueless (Score:4)
Who will they sue after all the people trying to develop person-to-person file sharing are out of business? Will HTTP servers become illegal? Will Gnutella and any other software that could be used for copying be restricted under the DCMA? Will they sue the Internet backbone providers for allowing copyrighted content to flow through their routers?
Well, that might be a bit extreme even for Hollywood. But the MPAA and RIAA's position seems to be that any software which allows arbitrary person-to-person file transfer is illegal. Or is it just indexing that makes such illegal?
It shouldn't need to be said, I find this attitude completely unacceptable. HTTP clients are not illegal merely because I can find illegal content on somebody else's HTTP server using a search engine. Napster and Scout are more streamlined, efficient, and convenient versions of the same thing; I simply don't see any fundamental or legal difference.
I think MPAA et al are making a big mistake. Rather than trying to eliminate file-sharing services, they should invest in building their own--- one with features they like. Instead, they may end up in a world where the services currently provided by Scour or Napster are done in a distributed fashion (or in an appropriate jurisdiction) and they have no influence.
Re:These are NOT full flicks (Score:2)
What other recourse do they have? Sending emails kindly asking people to stop? Or sending BIG guys in trenchcoats to peoples houses?
Right now, the law is written so that what most of these services are providing is illegal. That's that. There doesn't need to be any kindness towards people breaking the law. That may change however, as these cases go through the legal system, but right now with the law on their side, why wouldn't they want to jump into the legal system?
No "right to stay in business" (Score:2)
SCOUR = A Mixed Blessing (Score:2)
Hosting a website on a Linux box running on an SDSL connection is the cheap way to go, for around $275 you get 1.1mbps (best deal in the present area) and unlimited traffic. This is critical when you run an independent site which transfers large amounts of data (75GB monthly).
In steps Scour, unfortunately they index your site and suddenly a mass of people are downloading mpegs (and only mpegs) from you. Nobody is actually visiting you, nor reading your content, and that normally smooth 1.1mbps connection is choking.
At the time there was no automated way to easily remove the site from Scour, nor could I find what the Scour robot was named. Most search engines' robots are listed on one FAQ or another, so it's easy to set your robots.txt file for them not to index your site. You end up shooting them a frantic email asking to be removed ASAP (since you're experiencing a DDOS for all purposes) and parsing through your server log to try and find that pesky robot's name.
The heart of the matter is that while Scour may be one stop shopping for everyone it's a hidden pitfall for websites - people download anything you have up, but never actually visit your page or make an impression on that ad counter.
Here is a FAQ on search engine robots [webcrawler.com] for those interested. The name of Scour.net's robot is: "SCOUR"
Andrew Borntreger
Re: (Score:2)
Re:Content holders continue to shoot selves in fee (Score:2)
Actually, it seems possible to me that they're trying to overturn the Betamax ruling. If they can get win enough of these cases against service providers (as opposed to those actually breaking the laws in question), it might overweigh that decision, which is definitely not in their favour. I don't know much about legal precident laws, but is this possible?
-RickHunter
Re:This is unfair to Scour (Score:2)
Copyright is not an opt-out system.
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This is a rant. I know. (Score:4)
When a service that's of value to the "average slashdot user" is endangered, we'll see like six articles with updates, and interviews with the agency trying to shut them down. But when the little guy is actually getting screwed when they really aren't doing anything wrong, it gets shrugged off because it doesn't affect you people.
Scour may or may not be operating in the legal limits of the laws, but one can certainly see how it's service is questionable. But the precent (not a legal precedent, it's never been to court) set by OLGA scares me. It really, really does.
OLGA used to hold about 33,000 files. Now it holds about 1,500.
Re:I guess UPS and FedEX will be shut down next (Score:2)
And just what the hell is contraband?
Drugs? Guns? Nuclear weapons? Porn? Strong encryption? Anti-establishment propaganda?
What is so wrong with those that we as a country are limiting our own constitutional rights to life, liberty, and the pursuit of happiness by making them taboo?
Why is the United States Code 250MB of plain text?
Re:Ah yes... (Score:2)
So when the MPAA starts lawsuits because of someone linking to the DeCSS tools why don't they try to sue those who sell DVDmachines to countries where american copyright isn't enforcable at all? I'd really love to see the MPAA answer that one, backed up with some numbers of DVDmachines sold to China versus legal DVD's being produced there.
SMB File Sharing (Score:2)
Re:more of slashdot's BS articles (Score:2)
Actions speek louder than words...
Google is a smart search that cuts out garbage using it's own logic...
Score uses a compleatly diffrent logic that leads it to link directly to MP3s....
Same results however... you wanted MP3s.. you got MP3s...
Just like AltaVista...
Only Score and Google give you lagit sources... AltaVista sends you to pirate websites...
Yes score makes a GREAT piracy tool... so dose Napster... so dose copy on dos... and hard disks... and CD burnners....
Sue Sony, HP, IBM, Microsoft, and basicly the whole consumer hardware industry...
hay sue the music industry too for setting "set to pirate" standards....
It just so happends... and yes... it's at random...
Is this invalid?
Hay... Maybe score is ignoring someones Robot.txt... that changes things quite a bit
Re: Copyright is not an opt-out system. (Score:2)
My point, which I didn't make very well, was that the original poster's statement:
Scour willingly removes the links of any copyright owner who requests that such a link be removed to their material.
did little to convince me that Scour has any respect for others' copyrights. The fact is that Scour links to material that they know full well violates copyright and then try to look like good guys by claiming that they will gladly remove the link if the copyright owner ever finds out about it and goes to the trouble of informing them.
This is sort of like those warez sites that have a disclaimer about how they don't host any of the files and the links to cracked programs are provided only for educational purposes. Does anybody actually believe that? Probably the same people who think Napster is all about trying music before buying it.
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Content holders continue to shoot selves in feet. (Score:4)
my.mp3.com... At least they try to limit content access to at least those who have had a real physical duplicate of the album at some point.
But, yet, they get sued by record companies. The solid basis of the record companies case: The copies that the users are accessing are not copies of the cds they purchased, but of copies from another source. In other words, their case is based on a technicalty. But, likely a solid one.
Why, though? If record companies kill my.mp3.com and verifier-controlled services like it, then all the users will move over to unchecked storage sites like myplay.com and distributed file sharing systems like napster, gnutella, freenet, etc., all (or at least most if indexing is contributory infringement) of which are protected by the betamax ruling, because they have one or more significant legitimate uses. Are they really that short-sighted?
FTP now illegal - film at 11 (Score:2)
"It doesn't matter that the techonology pre-dates the file format by more than 20 years! Unless we control the transmissions and can make more money off of it, it shouldn't be allowed!"
Meanwhile rumours of merger between Microsoft and Time-Warner-AOL-PacBell-Sony-Perdue-Disney-Ford-Sa ab continue. The MPAA expressed support for the merger since it will "keep the control of information in the hands of responsible corporations who will know how to use it wisely."
(Yes, this is fictitious. Yes, it's sarcasm. No, I have not stolen from the breakfast tables of millions of Europeans.)
The issue is de-centralization (Score:2)
Anyway, this decentralization of distribution is a scary thing for the big-ticket content providers - it not only makes piracy more feasible, it also makes competition more feasible. Independent media creators now have a greater opportunity to distribute outside the mainstream channels, and this is problematic for MPAA/RIAA etc... These groups consistently try to control distribution in ways that assume/ensure that they are "the only game in town." Remember MPAA's proposed surcharge on blank video tapes a few years back, to reimburse them for revenues lost to piracy? Was any of that surcharge to be distributed to independent videomakers?
The point to bear in mind when discussing the squelching of technologies/services that appear to foster piracy, is that these same services/technologies also foster distribution of alternative/independent content. To "shoot the messenger" as its been referred to here, is to censor independent distribution, not just distribution of pirated mainstream content.
$150,000 damage per movie download??? (Score:2)
Re:Sadly, I must agree with the MPAA (Score:2)
The problem here (as I see it) is that we have two arguments, and whilst each one on it's own is very valid and not *that* threatening in itself to these four-letter institutions, when you put the two together, they have every reason to be righteously pissed.
1) We have a right to privacy, I don't want a unique ID on my Pentium III, Doubleclick extrapolating my browsing habits to figure out my preferred colour of underwear or anybody anywhere figuring out character traits of mine by following what I do on the internet. - Fine.
2) We have a right to "fair use" and to exchange whatever files we choose to exchange, and nobody has the right to gag the medium we use to do that, be it called Napster, Scour, Gnutella or an envelope and a stamp. - Fine.
Put those two together and you have a situation in which people are going to copy stuff that they're allowed to copy, and make it available to other people, who will then download it in an environment that we are protecting so jealously that there is no way to police it, and that leads to potentially huge losses in revenue to the companies represented by these institutions.
Why? Because when people think they can't get caught, many of them quite happily do whatever they want, be it legal, moral, or not.
We sit here complaining about the MPAA and RIAA or whatever they're called, and protecting our medium's existence and privacy, but never offer them any viable solutions. Until someone bridges that gap and thinks of a solution, this problem isn't going to go away and the media companies will continue to try to gag what they perceive as a medium that facilitates the unlawful exchange of their product. Maybe we should try to come up with a solution to *their* problem instead of always just trying to slow them down. If we want them to go in another direction, lets open one up for them rather than just trying to close off the options that they have. What else can they do to protect the revenue flows they are entitled to arising from the goods they sell.
Now I'm no better than anyone else, because I don't want them treading all over my privacy or the tools for information exchange that exist on the internet, but I haven't got a solution for them either - I just think that that direction is more likely to succeed than the protection of a medium that is obviously being used to exchange pirated music and in vast volumes.
PS. On a related note - to say that "they make so much money that they had it coming to them" is economically rubbish. How much money they make is irrelevant. If you think the music costs too much, don't listen to it, in the same way that if you think a car costs too much, you don't buy it. You don't steal that car and then justify yourself by saying that it was overpriced in the first place.
Re:Google? (Score:2)
Napster/Scour only find stuff too. (Score:2)
Secondly, if anything by the standards being applied in these court cases Google is more infringing than Napster/Scour, as Google caches local copies of potentially copyrighted material.
tangent - art and creation are a higher purpose
A day in the life of Meglocorp... (Score:2)
Meglocorp VP Gasp! How are they doing it?
Meglocorp Peon They are using advanced search engines that link files on personal computers!
Meglocorp VP Gasp! We are loosing millions! People will go broke! Homeless and Starve to death!
Meglocorp Peon We should SUE them!
Meglocorp VP Ok, Who do we sue?
Meglocorp Peon Ok, how about Excite?
Meglocorp VP Nonono, We own that company..
Meglocorp Peon How about Lycos?
Meglocorp VP Oh nonono, our sister company owns them...
Meglocorp Peon Humm, Yahoo?
Meglocorp VP Nope, too big...
Meglocorp Peon Hey, what about Scour.net...
After long lawsuit, and Scour.net looses...
Meglocorp VP I have this idea of allowing people to share files on the internet, and we charge each customer per transaction!
Meglocorp Peon Wow, Brilliant boss...
Re:This is unfair to Scour (Score:3)
Not everyone.... Those legal fees go from one person's hand to another's.
When I started college in 1982, the counselors bluntly discouraged "computer science" degree programs, and recommended Biz Adm and Finance.
If you insisted that you knew better than they,
you would be steered toward "Business Computer Information Systems" which was a lot of (guess what?) Bus. adm and finance, with some programming and mainframe administration (Pascal on Apple II's, which was actually the most fun I ever had in a programming class I must admit), then two semesters of Cobol (in those days, we still punched our jobs on cards, and took them to be neglected by grad student high-holies!), a VAX clone running "MUSIC" (McGill University System for Interactive Computing)... But I do ramble with my nostalgia, sorry.
My point is, a LOT of people went into business law in those days. These people are lawyers at the peak of what they thought was a lucrative career, until they saw (or perceive!) 18 year olds making billions because they were at the right time in the right place with the knowhow and drive to make the technology sector really happen. So now, they're getting a piece of the pie. Get it?
Sadly, I must agree with the MPAA (Score:4)
One of my friends was the head of a theater and movie rental store that specialized in adult entertainment and movies (don't make jokes, just read on). Unfortunately he recently had to pull out of the market after his sales had dropped significantly from since last year(the year broadband connections dramatically increased along the country).
Using common screen capture devices along with VCR's, (then later DVD's as the tech progressed), pirates began trading clips, then eventually full adult movies over usenet and irc and ftp, not to mention the new arrival of gnutella, freenet, and scour's client. Now, I'm not drawing size comparisions with Napster, but you must remember that it's not just size that matters, but how it's actually used. Many Napster users actually buy the CD's they pirate. But with the stigma attached to adult entertainment, such films get pirated big time anonymously as people would rather not be seen buying erotic films. My friend's theater dropped over the months in clients, and now about only 2-3 people per day come, as opposed to about 50 or so from last year. He asked a few of his few remaining regulars why sales were dropping so much, and the usual reply he got was, "It's easy to get porn for free anonymously on the net" When he was about to close down, he showed me his business log, reporting that his yearly sales had fallen by 31% from the year before. Because of that, he decided to withdraw from his store and went to look for another job.
I know Slashdot people object to the term piracy, but it definitely hurts others, be it artists, store-owners, or corporate suits. I know the movie industry could never collapse like that, but perhaps the events I have seen with my friend in the adult entertainment industry are harbingers of what may happen to your local video store owner as movie piracy becomes large-scale. I dislike the MPAA, but I think they have a duty to protect everyone in the movie business from potential damage. I hate to say this, but good luck in your suit, MPAA.
"The most fortunate of persons is he who has the most means to satisfy his vagaries."
Re: Copyright is not an opt-out system. (Score:3)
Re:Content holders continue to shoot selves in fee (Score:2)
Re:This is a rant. I know. (Score:2)
So what? This isn't a general news site, it's a community. It covers news that matters to the community. If we don't care about something in significant numbers, it would be inappropriate to cover it here.
Your bitch is with CNN and the networks.
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When it's not about piracy (Score:2)
Jungle music is one area where I think mp3 is really helping. Kinda the pirate radio of today. Really, the cost per track of stuff on vinyl is much higher than CD, so being able to check out a preview before you buy can really help. It's not really going to kill record sales either, because the ones who were going to buy records are still going to buy records; not too many people DJ mp3's seriously.
I just had to point out, anyway, that not all "real" ripping groups are doing it solely for the piracy.
Re:more of slashdot's BS articles (Score:2)
more of slashdot's BS articles (Score:4)
in short, the assertion that they will be going after google is goddamned stupid.
a search for mettalica mp3z on scour looks like this [scour.com], whereas one on google gives you this [google.com].
you can download the mp3z directly from within the scour 'interface.' that is NOT neutral.
have a nice day.
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blue
Re:Sadly, I must agree with the MPAA (Score:2)
I personally know a few strippers who have been made completely broke from this, because people fear to visit strip clubs if there is the chance they will be arrested. Of course, it is no fun for strippers to have the choice of quitting, being fired or being arrested either. (They are moving away, mostly, to less repressive parts of the country, since most don't have the option to find another job that pays as well as stripping.)
I'm sure they will go after the porno stores next, as soon as it is considered possible to do so.
What's my point? What the government giveth, it can also taketh away. If you let individual freedoms be eroded to protect copyright, then you erode the same freedoms that would allow a porno store to remain in business.
Re:MPAA not necessarily bad guy here.. (Score:2)
I see no reason to add such laws, if I want to build a search engine, I dont want to have to go ask a lawyer all the laws that I must abide by. Is that really the kind of internet you want to be browsing in the future? What next, ban hyperlinking?
Oh wait forgot, the MPAA is already trying to do that as well...
I think that would be fair, since most multimedia is pirated.
How about we just make mp3s illegal.. i mean, since most of them are pirated. Or maybe get Carnivore to do some blocking of websites and services that are known to give access or show where pirated material is at. Or just maybe, just maybe, the digital media world will figure out a way to use the internet in a good way, pretty much cutting distribution costs way down, just making a profit off of copying a file from them to you. In any case I dont like any of it, I have a feeling after all this Napster/DeCSS stuff gets over with we are going to have some interesting changes in how things are working..
There are a lot of places that search on things that aren't html pages, ftpsearch is a good one. What about lycos and mp3.lycos.com. Heck on Ebay you can buy burnt copies of software and im sure movies, not sure on that one. (my friend from work just bought an old game off of ebay, it was a burnt cd along with a list of other software that I could get from him on CD-R's. Heck, I think just about any search engine I can find mp3's, movies, etc etc its just the nature on how search engines work. Face it, no law is going to stop people from copying something that someone else bought. Some people will get whatever they can for free, before buying it for themselves. Cd and DVD recorders certainly dont help the situation, and neither does high quality digital video cameras that you can go down to Sears and buy, they are quite small, and sneak it into a movie theater and just record the movie as it plays. (from what ive seen, it seems like some of the movies are shot from the room that is playing the reel of film, maybe even patched into the machine that plays it, or video cameras are a lot better then I thought)
Linux independent? What a joke! (Score:2)
Between the huge number of Linux web sites owned by VA Linux, Internet.com, IDG, and others, it's laughable that anyone could consider these sites to be less biased than say, CNet or ZDNet. They still have advertisers, and they are still responsible to their stockholders to bring in huge profits. I think it should be well known to Slashdot that they idea of a "socially responsible" corporation is laregly a myth. VA Linux wants to sell you Linux machines, and if that means promoting it in an unethical way,
But is it more than just the media? Think of how many Linux "celebreities" work for Big Companies: Torvalds at Transmeta, the huge number of people at Red Hat (Alan Cox, etc), Larry Wall working at O'Reilly ("the biggest parasite on Open Source", according to Bruce Perens). Are these people truly independant? It's hard to be when you know where that check is coming from.
I really think that this whole "no bribes here" attitude, especially coming as it does from the supposedly "community-based" Linux sites, should be taken with a grain of salt the size of a Buick.
Re:This is a rant. I know. (Score:2)
I cared. Was that 1995? I *still* haven't purchased an EMI product since then, and I dramatically curtailed my CD buying after that, in general. I have stood my ground on the boycott. To me, it seemed unprecedented. An attorney representing a group of people in Great Britain made an order to an American university to shut down one of its libraries, and the university COMPLIED! That incident seems to have marked the beginning of a chain of events which has brought us exactly here.
I continue my boycott of EMI, and strive to avoid buying any label represented by the RIAA, at least "new", but this is obviously quite difficult.
Since 1995, I've also cut broadcast and cable Television out of my life completely, and I think I've seen maybe 5 films in theatrical release during that time.
Call me a luddite, but please realize, all this was a MAJOR change, and I was driven to do it by the garish commercialism of all the media (bundled with low quality), plus all the civil liberties being eroded by these legal actions of the multinational corporate meanies.
Re:This is a rant. I know. (Score:2)
Get this, harmony central [harmony-central.com] has quite a large database of tabs from the OLGA. They've managed to stay open for business throughout this mess. What's that mean? This kind of information can't be shut down - and those that try only make themselves look foolish. Unfortunate as it is, there will always be victories for those who feel that everything should be bought and sold at the prices they themselves have set. But those victories are becoming fewer and farther between....I have to say that I look at the good side of the OLGA. Even though it's a shadow of its former self at harmony-central. It's still there. And IMNSHO, we've only seen the tip of the iceberg (metaphor, titanic, etc.)
FluX
After 16 years, MTV has finally completed its deevolution into the shiny things network
Re:This is a rant. I know. (Score:2)
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Whats the problem? (Score:2)
Ah yes... (Score:3)
You have to love quotes like this:
"This lawsuit is about stealing," MPAA president Jack Valenti said in a press conference this morning. "Technology may make stealing easier, but it doesn't make it right."
I find it funny just how vocal he can be... In the press that is.
Get him into a courtroom and you hear things like this [2600.com] and (real audio version) like this. [2600.com]
Nevermind the megacorporation influence. Anyone this evasive is IMO extremely untrustworthy...
Wait... He heads the MPAA you say??? WELL I NEVER!!!
Re:Sadly, I must agree with the MPAA (Score:2)
Re:The issue is de-centralization (Score:2)
That is nothing compared to what we have here in Finland (yes, the land of Nokia, Mr. Torvalds and other cool high-tech stuff). We have a law-enforced added cost on recording media (Blank VC:s, CD:s & CD-RWs, MC:s, MD:s, I don't know what else) due to the supposed copying occurring at homes.
Quote from www.teosto.fi [teosto.fi], first paragraph, translation by me:
The copying occurring at private homes causes economical losses to the copyright holders. Therefore, in the copyright law, there are rules about a cassette payment (should now be media payment..) from which the makers, performers and producers get a payment from home recording.
Now, essentially this means that everytime I buy a CD-R to record DATA in, buy a blank MD to record a performance of the choir in which I sing (I do that a lot) OR I buy a VC to record a program from free-to-air TV, I am supporting the recording industry of Finland.
And you thought RIAA was evil...
Re:Sadly, I must agree with the MPAA (Score:2)
Things change.. get over it. When the TV came along, a whole bunch of people in radio lost their jobs. But whole new careers opened up, TV producers, soundtrack directors, foleys, costume designers, etc, etc.
The money is now in the broadband, the cable companies, the media providers. A job in the network infrastructure business would be a good place to be in the near future. This is just change happening and the world dealing with it.
The second argument I despise is the "potential sales" argument.
The money never "leaves" the economy because it was never there in the first place. You can't say "we lost 15 million dollars" in potential sales from piracy. Potential sales of what? If you whipped up 10,000 copies of MS Office, but didn't sell them because they burned in a fire, what would your losses be? A CD costs less then a dollar to physically make, so that's $10,000 dollars that you've lost. You can't count "potential" revenue until you've actually made it. Period. Until you sell it, there are no "potential sales."
Of course, there are many arguments that the pro-(freemusic/abortion/legalization) side makes that aren't sound. See if you can find them.
The most the record companies are going to do is draft a whole bunch of laws... Soon there will be people being arrested for "copyright violations" and thrown in jail.