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Compressed Beyond Recognition: An MP3 Compendium 440

The reaction to the turning off of Napster's servers has been fast and furious. Whether you feel that unauthorized copying of music is a basic human right, the moral equivalent of "sharing" for yourself merchandise from Tower Records' loading dock, or somewhere in the fuzzy gray area between, you should at least know how the decision to turn off Napster for the moment has focused the various public reactions. Read on to see just a sampling of the numerous stories throughout the media related to this story.

Point Of Order, Point of Clarification Justin Maurer writes:

"it's come to my attention that a lot of news organisations, and napster themselves, have been twisting words around in this whole napster case. if you'll bear with me for a second, i can try and clear up a little bit of it.

everyone (including napster) keeps saying that the judge ordered napster to be shut down. this is not the case. the judge ordered them to make sure no one is trading copyrighted material, and the result is that napster is telling everyone they've been ordered to shut down. if you'd like, i can provide sources for this information, though i'm going to bed now :)"

[Note from timothy: Here is a link to the Preliminary Injunction Brief (pdf file) from the RIAA site; given the way Napster works, though, it does seem like its grant would have effect of shutting all but the chatroom, doesn't it?]

Are Bassists Smarter Than Drummers? JHancock17 reminds anyone who hasn't to read Courtney Love's speech as reprinted by Salon a while back, and res0 points to this ABC News interview with Chuck D. in which the P.E. frontman continues his eloquent tirade against the music industry as a whole. But Mr. D and Ms. Love have been famous outspoken in favor of Napster and electronic music exchange for a while: Now those stalwarts are joined by another big name. srcosmo writes "Radiohead have become the first British band to condemn the injunction against Napster. Their bassist, Colin Greenwood, showed enthusiasm for the availability of Napsterized live recordings, saying "We have just finished a tour, we played in Barcelona, the next day the entire performance was up on Napster and three weeks later when we got to play in Israel the audience knew the words to all the new songs and it was wonderful." An interesting change from the Metallica look at things- hopefully more artists will follow their lead."

Follow Your Conscience: What You Can Do cLn writes "Napster has been shut down and irc mp3 channels are being flooded by desperate mp3 junkies. What they don't know is that there are ways around this small problem. Napigator is a windows program that'll help the napster client connect to other servers other than the few it trys. Tripnosis works alot like napster, but you can download other files (zip, arj, rar, mov, avi, mpeg, jpg, gif, ect...), you can also search through online users files using the sites search engine."

And DrEldarion points to "http://www.kripto.org/blocks/, "an anonymous distributed file transfer system designed for people with permanent 'always on' Internet connections;" good explanation on the site itself of how it differs from other such systems.

Mad Ross (Ross McKillop) writes "Everyone now knows of the recent decision about napster's future. This is unfortunate and many still agree unreasonable but I am attempting to gather all the open source clients and alternative servers in one place and create an organised network of replacement napster servers... If anyone is interested in helping by...

  • contributing a client
  • helping as a server operator
  • running a napster server
  • etc...
or just want's to be kept informed about what is happening then please please eMail napsterlives@madross.co.uk or visit madross.co.uk -- there should be napster related pages there by the time you read this.

What Else You Can Do: Alert The Media (Mavens) battery841 writes "In light of Napster getting an injunction against it by the courts, someone decided to register riaaboycott.org and setup a petition. You sign the petition, and once it's gotten enough signatures, it's going to be sent to numerous sources, including Napster and the RIAA." And as CmdrTaco posted the other day, there are boycotts in the air.

Another Angle On The Big Picture: Danse writes "Salon is running an article with reactions from all sorts of people connected to the music industry, Napster, Napster alternatives, etc. It's pretty interesting reading. Everything from the arrogance of Jack Valenti to the apparent cluelessness of Erwin Drake to the insightfulness of Glenn Reynolds to the amazingly short (obviously not written by Lars) comment by Metallica. To sum things up, the industry thinks this is a big win and that they now have a chance to offer consumers music downloads on their own terms. This displays their current lack of understanding of the real problems that users are seeking to remedy with Napster and the other music/file trading options. Napster supporters and alternatives feel that it's a loss for free speech, but that in the long run it will only hurt the record industry as people move to litigation-proof solutions."

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Compressed Beyond Recognition: An MP3 Compendium

Comments Filter:
  • Well, if you don't want to support major labels that presents a bit of a problem, since Nothing is a subsidiary of (or is it just distributed by?) Interscope Records.
  • Right on! You nailed the point precisely. What the RIAA is fighting for is not just for money, but for control. Because, ultimately, control will churn out more money, and easy money at that. And the way they're going to achieve that is to tell you what is good and tell you that they are the ones who sell the good stuff.

    Why do they carry certain artists and not others? Because the ones they chose have potential of making money. They don't care nuts about whether the artist is good or not; all they care about is that they can be used to generate $$$. Unfortunately, money-making potential often does not equal talent. Quite honestly, the most-promoted music often is just crappy.

    And I agree with you totally about writing music -- I write music too, and I don't do it 'cos I want to make money. I have a degree in something totally unrelated to music, and I can make a much better living than a musician. But I still write music, because I like it. But because I'm not interested in the money, and I'm not motivated because of the money, I probably will never get published by the major music publishers. And this is precisely the problem. There may be hundreds of talented artists out there whose music is much better than the "mainstream" stuff (and frankly, the so-called "mainstream" stuff is garbage in terms of musical content), but they will be despised by the music industry because they write music for the sake of music, and not for the money. And their works may never see daylight, and never appreciated.

    All because the music industry claims that it's separating the chaff from the wheat, but in fact what they're doing is separating the money from the talent.


    ---
  • Intellectual property rights are not as black and white as the record companies would like you to believe. Copyright is a relatively new concept in the history of Civilization. I won't belabor the point, I'll let RMS do it. Seriously, if you haven't read this article, read it. It's the clearest and most concise analysis of the situation I've seen. Just like you would never use the word "hacker" to describe scr1pt k1d33Z, you shouldn't use the word "pirate" to describe Napster users.

    http://www.gnu.org/philos ophy/reevaluating-copyright.html [gnu.org]

  • by Booker ( 6173 ) on Friday July 28, 2000 @06:07AM (#897176) Homepage
    I agree that supporting Napster is a little hazy. On the one hand, it's just a distribution system. On the other hand, it's designed specifically to distribute files that are currently about 99% copyright infringing.

    As some people have said, boycotting the RIAA may just be a very small drop in the bucket.

    A more positive thing might be to go to MP3, and shell out $10 for a non-RIAA artist. If 10,000 people don't buy CDs at Tower, it'd be a pretty small blip.

    If 10,000 people went to MP3.com and bought a CD there, it'd get noticed.

    That'd be a way to say "Online music distribution is important" without saying "I want to steal my music."
  • by Gurlia ( 110988 ) on Friday July 28, 2000 @06:10AM (#897183)

    This may be totally off the wall, but an idea just occurred to me...

    The central reason why you can't hide your IP after establishing a connection is because the connection is directly from your machine to the other person's machine. The idea is this: why not drop the requirement of a direct connection? You can route your connection through another machine...

    And who says this has to resemble anything like Napster's centralized topology? Any arbitrary client machine can act as a "router". In fact, you can even be simultaneously a "router" and serving files through another "router" to mask your identity. And this doesn't have to be just one level deep; you can have several "router" machines between you and the client. And you don't have to worry whether one of the "routers" in the chain will break; since the whole protocol is distributed anyway, I'm sure it's possible to come up with a self-correcting protocol that will allow alternative routes easily.

    One way to implement this is for the protocol not to publish IP's of where files are, but just say, "123.123.123.123 is a machine that knows where file XXXX resides", so if you're looking for file XXXX, you connect to 123.123.123.123, which doesn't have the file but knows where it can get the file from (which, itself, may be another router).

    I know network people will scream "INEFFICIENT!" but it's just the turn-around time that's slowed down. Once the file transfer begins, it's basically a pipeline between the source host and the destination client, so the throughput will still be reasonably fast. And since any participating machine can act as a "router", there won't be a problem of router congestion.

    What do you network experts out there think of this idea? :-)
    ---

  • by K8Fan ( 37875 ) on Friday July 28, 2000 @06:12AM (#897189) Journal
    But as it's been noted countless times before there are at least half a dozen alternatives to Napster, including Gnutella, CuteMX, Freenet, OpenNAP, IRC #mp3z and #mp3s, etc. The RIAA won't touch many of those. They're just getting bad press, that's all.

    Sadly, CuteMX (great software, stupid name) lockedd their users out yesterday. They have central servers and are could be sued. Besides, they had a lot of people trading movies. Well, corrrection: they had a lot of people talking about trading movies; the vast majority had connections too slow to succeed in actually getting any movies.

    In spite of my respect for Justin Frankel, Gnutella is more interesting politically than as an actual program. None of the clients seemed to be easy to use, or very effective at searching. Also, Gnutella lacks chat and the ability to browse other users lists. The whole idea is to see what people with tastes similar to your taste like.

    BTW, a nice looking Napster client will be released today: Naphoria's audioGnome [homestead.com]. It has resumeing, the ability to view multiple servers at once, the ability to search across multiple servers. Joe Bob says check it out. No, no Linux client yet.
  • by K8Fan ( 37875 )
    It looks like the biggest pseudo-legal movement since the moonshiners of Prohibition... Sure does say a lot about how fast things move in this day and age.

    Very apt. The head of Universal, Edgar Bronfman's grandfather made the family fortune by being the biggest bootlegger. Yeah, the son and grandson of a bootlegger is a just who I want to call me a pirate.

  • I was reading the Globe and Mail from yesterday, July 28, 2000. Apparently napster would not be able to be sued in Canada because Canadians already pay a fee to record companies and artists through a charge on blank tapes and cds. Some one should look into this more but I think the only problem is that the CRTC (Canada's big brother - no american programming for you) would require licensing.
  • If you want to send them a message, go over to Give back the mp3's! [penguinpowered.com] and join in...
  • My friend Joey has not set up where you can buy his music yet...but for the artists that do have pay for play, or cd's available, I definately DO buy the music I like.

    The equation is very simple for me: if I like an artist, I want him/her to continue making more music. The incentive/reward is to pay them for what I have already listened to, and enjoy.

    And, as a quick plug of MY fav mp3.com artist, Magic Firesheep [mp3s.com].
  • by tealover ( 187148 ) on Friday July 28, 2000 @05:10AM (#897202)
    Is it true that you have to publish your IP address before using the service? That's just what I need. The RIAA trying to make an example of me. Are there any services where you can remain anonymous, or at least give the appearance that you're anonymous?
  • First, let me state my position. I think, like most everyone else here, that the RIAA is a (typical) corporation, interested in pursuing the dollar. That is what corporations do. Less short-sighted corporations realize the benefits of good PR, good customer relations, and not biting the hand that feeds you, so to speak. But that is an issue for another time.

    My problem comes from hearing everyone complain that the RIAA shouldn't be able to restrict my right to trade music with others.

    First, let me be plain...No such right exists! The artists are due compensation (and contractually, the RIAA and it's members are the representatives of many of the music artists out there) for each person's being able to listen to the artist's music. If I want to make a copy for my own convenience (to listen in the car, or in the office, etc.) so be it. The law provides for this. What the law does NOT provide for is my providing a copy of the music to someone else and my still keeping my copy. Lend to a friend...sure. Give it away? Fine, as long as I don't retain a copy. But if I copy the material and give it to someone else, there are now two people receiving benefit from another's labor without the artist's consent.

    And that is what this is about (yes, money, too, but I'm speaking about the intellectual issue at stake)...consent.

    As the injunction points out, Napster may continue business provided they are not involved in the transmission of copyrighted material for which the owner has not provided express consent to transmit. (Actually, I'm not sure if the injunction deals with consent of the owner or not, but I can't imagine the court holding Napster liable for breaking the injunction if they had permission from the copyright owner) Had they started off with that premise in mind, there would be no legal issue (and probably no business case, as I imagine the vast majority of Napster users are swapping copyrighted songs).

    But as it is, everyone complains about how they have the right to swap music, even copyrighted music, without the permission of the artist. Let me ask you this. In regard to your precious GPL, what if I made some modifications to a piece of GPL'd software and then distributed only the binary. The GPL, in spite of being called a 'copyleft', will basically be legally challenged (if ever) on the basis of copyright law. In effect, it is a form of copyright. Now, if I'm breaking the GPL, I'm breaking copyright law. And I guarantee that if I made profligate use of such software, in the manner I indicated above, the wrath of the Open Source community would come down on me like the Fire of God. Yet it is this same community that seems blinded to the fact that they are hypocritically defending a company that is putting into place just such a practice, only in the music industry rather than the software industry.

    I like the idea of free (speech) software. But I won't go out and steal someone's work to try to 'liberate' it, if they don't want it to be freed. Likewise for music.

    That's it. Over and out.
    _lpp
  • Let's be real folks. This is not a ruling!
    This is a prelimenary injunction. And it makes good sense. In the eyes of the judge, the RIAA has more to lose than Napster. And napster *IS* making a business off of facilitating piracy.

    This is a judge trying to limit potential damages before the trial.

    As for napster.. if simply being offline for a little while makes tons of other good software spring up, and people realize that napster was actually kind of crappy, and that much better could be done.. that's not a BAD thing.
    If they had a real, valuable service/product, then they will still have one after they win their court case.
  • You know, Napster's real problem is that there is no way they can claim that they didn't know what was going on. In order to maintain the catalogue their servers had to know what songs were available. Even if you don't log what's going on, that means that you can easily be held accountable.

    Now, I haven't been following the details of what's been going on on mp3.com, but I hear that they were actually hosting pirated music. Even if all they did was link to it, they have (from one point of view) even less excuse for not knowing what's going on. Then again, since napster developed napster (what a fun sentence) they should have had/did have some really slick reporting tools for finding out what was going on.

    There are other sites which do what mp3.com was supposed to do, like IUMA [iuma.com] which have been around, well, basically forever. Hell, when IUMA started it was all MPEG 1 Layer 2 files on their site. The only thing IUMA carries is unsigned or indie bands which need more publicity. It would be hard to bring any kind of lawsuit against them because they aren't actually doing anything wrong.

    Mind you, I'll miss Napster. I got a lot of good mp3s from there. I even got some mp3s and then went out and bought albums. Whether I'm in the minority or not is another argument. I definitely didn't buy albums containing all the songs I want (Some of them I just can't locate, some I don't feel like buying an album for a song or two. I also wouldn't pay more than a buck for an individual song in online digital format under any circumstances.) But Napster pretty much got what it deserved, even if it only deserved it due to a lack of forethought. Can mp3.com be far behind?

  • What gets me is the "internet thugs" that insist on downloading albums at a time. I work at Rutgers and Napster has been killing our bandwidth. What once was 2K/sec is now easily 50K/sec, usually more now that Napster is gone. Napster made music piration so easy that any "internet thug" could sit down at their computer, type in their favorite song or artist or ALBUM and walk away knowing that those songs were available and that they wouldn't have to fight dead links. FTP has been around for years and there's been no problems with it. This is because the RIAA is not fighting MP3s, but they're fighting the easiness of acquiring them via Napster. FTP was complicated, or at least complicated enough to scare away those who use their computer solely to play solitare and listen to their new fangled CD. Complication is good, because it limits acess to music to those who know what they're doing. There's also better options with FTP, like setting up a ratio so that you couldn't download a whole album without uploading one first, or at least the required amount of files depending on the ratio. The common "internet thug" has no intrest in sharing, it just so happens that they share the files they download because by default Napster will share the files in the user's download folder, and a very large percentage of Napster users are not intelligent/patient enough to change that (stop growling at me. I said a large percentage. Many slashdot users excluded. If you're smart enough to know how to install Linux then you probably don't fit in the category of "internet thug" ^_^)

    I believe that if the RIAA wins this battle, the next subject will be other sharing communities such as Gnutella and scour exchange. The Scour Exchange community is already incredibly huge(last time I logged on there were 10.94 TB of data available) and even easier to use than Napster. The large amounts of porn and pirated movies on it doesn't help it's reputation either.

    In closing, as far as music downloading is concerned, in the end it will/should be that only the smart shall prevail.

    ---------------------------------

  • Offtopic but I do not think they should call the client "GNU"tella unless they release the sources under GPL. Originally they said that they were going to but now it looks like they may not. If you're going to call yourself gnu software then you should release the source you have. Promising to do so at some future date is not enough. I know they probably had good intentions, but it still bugs me.

    (from the gnutella faq)

    Will The Source Code Be Released, and if so, when?

    If all goes well and development of Gnutella continues you should see the source code during the 1.0 release. The source code has not been released yet and we are unsure at this time if it will ever be released, due to AOL locking it in a closet underneath a large pile of Time Warner's dirty laundry.

  • If Napster in indeed shut down today, there's going to be a huge wave of kiddies looking for a replacement - RIGHT NOW! And it's probably safe to say that a large number of them will be trying out Gnutella.

    I've heard that Gnutella has setup/configuration/usibility issues - not suprising, in that most Free Software starts out with "it works!", moves to "it works well!", and finally arrives at "it's easy to use!" much later on.

    If that truly is the case, then the Gnutella folks are about to be deluged with support requests from kiddies to lazy, too clueless, or too impatient to read and undertsand the app. After the, ohh, ten thousandth "plz h3lp m3 instal ur k001 program nootella" message, I think there will be a rash of code hacking to make the app easier to set up and use.

    Which, incidently, removes what the RIAA calls the biggest deterrent to using Gnutella (ease of use).

    The irony here is hillarious - by shutting down the for-profit Napster - which might have been extorted into paying royalties of some sort - the RIAA is going to provide the sudden surge in user base for Gnutella, which they won't be able to touch!

    It's amazing that Jack Valenti and friends can still walk, with the way they keep shooting their own feet all the time.

  • Because within a week everyone would have Stripster, the automatic ad stripping software.

  • Maybe this will be good for us over all. Without the attention of the clueless newbies we can hold onto (at least for a moment) that feeling that we had when the internet was OURS. Before the great boom of 1995-1997.

    *snort*

    Listen, whippersnapper, those of us that were here before gopher, never mind the web, when commercial use was illegal, the entire Usenet feed was less than single groups are today, and we could know personally a measurable percentage of people with permanent mail addresses, might be able to say that with a straight face.

    You, on the other hand, are a dilettante and poseur, and your ignorant twaddle borders between the amusing and annoying. It would definitely be amusing if it wasn't apparently in earnest...

    [Moderators: This is damn well too on topic. It's people like him with no historical perspective who cause the problems with the Internet like the one we are discussing in this thread.]
  • I conceed that Napster is making money off of others. I also conceed, that most people on there are for copyrighted material. The point however is, that napster can and has been used to distribute non-RIAA (however unsuccesfully) material, mine included. Now with nothing more than corporate power and money, they have shut off an avenue of MY right to free speech. I am a napster user and an artist. Did I ever use napster to download copyrighted material? It matters not, as I also used it for non-copyrighted material.

    I an analogy to FedEx in this thread or Katz's about if 90% of FedEx's business was transporting bootleg movies, FedEx would be in the clear because they are the courier.

    Well, Napster is the courier here, people use it how they choose. Without Napster (or FedEx) people will still find ways of getting the good's because the roads (the internet) are still there.


    www.mp3.com/Undocumented [mp3.com]
  • I've been using the internet since the early 90's. When I first got my account on the Un*x box at the University. I had to call into the RS6000 with my 2400 baud modem to gopher, ftp and telnet.

    You sound like one of those annoying cigar smokers who bitches because he got dirty looks from people 15 years ago before cigars were chic and now everyone is smoking cigars.

    No, I wasn't here in the early days. The fact that I was born in the 70s made that impossible. Just because I haven't gone grey and and still have all of the hair on top of my head makes no difference.

    I don't care whether or not you happen to like the fact that I'm saying it, but when everyone and their mother starting listing their web addresses at the bottom of TV commercials and when AOL adoped the flat rate fee for access is when the signal to noise ratio went in the crapper.
  • by Sleepy ( 4551 ) on Friday July 28, 2000 @07:56AM (#897249) Homepage
    Why the hell was a REDUNDANT post (above) moderated to FOUR? This IS on topic. No offense to the poster, but I call blatant cut-and-paste of someone's post "FISHING".

    Why is it lately that all /. stories have a handful of 4, 5 scoring posts and that's it?

    I propose that when a moderator adds +1 to a 4-score post, they actually SPEND FIVE MODERATOR POINTS.

    Why charge so many points? Because some moderators are lazy, or just want to enforce their ideology and bump up already high like-minded posts. Since these people do seem to value their moderator points, weighting the price of +1 would encourage deeper digging. Moderation is supposed to be a bell curve, and you can't get a feel for the community when you have a dozen posts ALL at 4 or 5 points when the curve looks like a "M".

    I thought about posting this Anonymously, but I know only a minority of moderators would ever read a 0-score post.

  • The shutting down of napster effectively illustrates why your proposed scheme won't work effectively. Netnews like store and forward networks are very difficult to attack in this fashion.
  • As a major Radiohead fan I think that Colin (and indeed the whole band) seem to be right on the money when it comes to recent events, not just Napster. [radiohead.co.uk] In support of Drop The Debt [dropthedebt.org], click the link. It really is a far more important issue than whether or not Napster survives. If you want to try music before you buy, there are many alternatives.

    Seriously, when it comes to minor things such as file-sharing shenanigans, we will regroup and fight back. If the music industry thinks that killing Napster will kill online file sharing, they have no idea how wrong they are and this is a Good Thing. The guy on the TV interview next to Colin (some VP of Virgin Records) clearly had no clue exactly what Napster was, over and above the Hetfield viewpoint [campchaos.com], and although Colin wasn't overflowing with technical knowledge, he at least recognised the positive side of what it is capable of.

    I really think that record companies are fighting a losing battle here, though they do not know it. One day they will be financially exhausted from trying to fight too many battles against the future, and although we are a long way from a Utopian situation here, I think we should realise this and focus on some more important issues for a while.

    Sorry for rambling, just a drunk Englishman. I'll be on my way.

  • Comment removed based on user account deletion
  • by sh00z ( 206503 ) <sh00z@[ ]oo.com ['yah' in gap]> on Friday July 28, 2000 @06:25AM (#897254) Journal
    Another HUGE plus for mp3.com: the Artists get a full 50% of the payment. Go read Roger McGuinn's statements at the Senate hearing [senate.gov] about how he never got royalty checks from Columbia/RIAA, but is now seeing substantial income from mp3.com.

    To me, this is the crux of Napster's case: they should demonstrate that the RIAA, by refusing to embrace on-line distribution, is denying the Artists the legitimate opportunity to earn income from their work.

    (Yes,I have purchased from both mp3.com and Emusic.com, as well as managed to "back-up" ~75% of my vinyl collection from Napster)

  • The RIAA just gave a major competitive edge to bands that aren't signed with major labels. This may backfire. RIAA-controlled music may become identified as uncool.

    On a more technical note, when Gnutella first came out, I took a look at the protocol spec and was of the opinion that its flooding protocol generated way too much traffic for what it did. O(N^2) traffic is possible. One of the developers writes:

    • All Gnutella client software is guilty of ping flooding. Every minute or so every client on the network broadcasts a PING message to discover all other servers on the network. With 2000 servers, that means 4 million wasted messages per minute.

    This is a fixable problem, but if a significant fraction of Napster users switch to Gnutella next week, we're going to see major network congestion. That O(N^2) has to come down to O(log N). It can, but some people need to get busy.

  • by WNight ( 23683 ) on Friday July 28, 2000 @07:57AM (#897258) Homepage
    So there was only a market for 90% of the CDs that his label had produced. Someone would get sick of his music and sell it faster than new fans would want to buy it...

    Doesn't sound like used CD stores were putting him out of business, sounds like pathetic music was putting him out of business.
  • I agree with you 100%.

    My take on the whole Napster thing is that they should be shut down. Pirating music is, plain and simple, a form of stealing. No whining about the "future of music" and how "the RIAA can't shut us down" is going to change this fact.

    Shutting down Napster is not about stopping piracy. Shutting down Napster is making a statement that piracy is wrong, and any company that bases their profit model on the stealing of other people's works will be shut down.

    I don't mind piracy when people do it under the covers of IRC and underground programs like Gnutella. The underground nature of these programs gives the end user a reminder that they are doing something naughty. I do mind piracy when a comapny like Napster tries to tell us that piracy is OK, and a God-given right.

    Just my two cents.

    - Sam

  • by jms ( 11418 ) on Friday July 28, 2000 @07:58AM (#897261)
    How long will it be before we start hearing "You don't buy the music, you buy a license to use the music the way we say."

    This was the exact argument made by the MPAA in the 2600 DeCSS case. Their argument at trial was that when you buy a DVD, you are only purchasing a license to play that DVD on an MPAA-authorized and licensed DVD player.

  • I was looking at yesterday's top downloads at Sourceforge [sourceforge.com] and Freenet [sourceforge.net] is now first. I seen never seen it above 5th. Open Source Napster Server [sourceforge.net] is now 2nd, I have never seen it in the top 10.
  • by K8Fan ( 37875 ) on Friday July 28, 2000 @06:27AM (#897267) Journal
    If napster stays shut down for long enough it would be interesting to see the impact on CD sales - or CD sales around universities, or whatever exactly it was all of those damning studies proved.

    Napster's current message:

    We're getting a lot of questions about what people can do to help.

    Here are three things you can do right away.

    1. Write the heads of the major record companies and tell them you are their best customers - loyal and active music fans -- and that you don't want them to kill Napster. Here's a link to their emails: http://www.napster.com/labels.html [napster.com].
    2. Show the companies your power. We're calling for a two-day "buy-cott" this weekend. Support the artists (found here: http://www.napster.com/buycott.html [napster.com]) who support Napster by going out and buying their CDs. Be sure to let the record store know you came from Napster.
    3. Keep coming back. We'll keep you informed as time goes on.
    Of course given how subjective the studies were before it would be hard for an apparent further decrease in sales to "prove" that Napster was good for the recording industry.

    It's going to be impossible to prove anything either way. Up, down or sideways. This is about bullying and potential cooption. One of the major record labels will likely own Napster within the year.

  • I'm a big Radiohead fan too, and I'll purchase whatever CDs I don't currently have of theirs once RIAA removes its head from its ass.
  • by Capt Dan ( 70955 ) on Friday July 28, 2000 @06:31AM (#897278) Homepage
    "We have just finished a tour, we played in
    Barcelona, the next day the entire performance was up on Napster and
    three weeks later when we got to play in Israel the audience knew the
    words to all the new songs and it was wonderful." An interesting change
    from the Metallica look at things- hopefully more artists will follow their
    lead."


    Ok, so I'm a little tired of all this Metallica bashing.

    I took the time to read the major press releases and watch the wonderful piece of pulitzer prize winning journalism that was the MTv news special.

    Granted that Lars is not one of the great orators of the 21st/22nd century, so it takes a little digging to find out what he was saying.

    Metallica does not object to bootlegging. In fact they greatly support it. So the comment above about Radiohead's view being different from Metallica's is not correct.

    Metallica objects to having their studio recorded digital masters released on the internet without their permission. The straw that broke the camels back was being able to download their MI2 single from Napster before they had even finished recording it. (technically for this to happen someone first had to actually steal a copy of the song from the studio. This is not the "grey" area of mp3's but the black area of actual larceny)

    Metallica went to Napster and asked them to restrict the trading of Metallica's studio mastered songs (*not* the bootlegged live concerts). Since Napster was designed to share live music, they should not have object to this.

    Napster refused, essentially saying "ha ha prove it you morons". (Note: do not dare a rock star to do anything, especially when they survived a decade of chugging Jagermeister)

    This lead to the media circus we all know and love. After the circus, Napster banned 300,000 users.

    This ban is not what Metallica asked for, nor was it what they wanted. Lars has stated this publicly again and again. Metallica basically asked for a filter to be applied to Napster searches.
    If they had done this comparatively simple task, Metallica and the people that Napster alienated would be on the side of Napster instead of against them.

    Given Napsters actions to date, I am not surprised by their story of being shut down:

    everyone (including napster) keeps saying that the judge ordered napster to be shut down. this is not the case. the judge ordered them to make sure no one is trading copyrighted material, and the result is that napster is telling everyone they've been ordered to shut down
  • True, but at least it's a lesser moral issue than the outright "theft" of property that has the industry all litigaseous.

    It works both ways though. What's to stop an artist from applying DoS and/or viral techniques to line their pockets with hundreds of thousands of "requests" for their adver-bytten MP3s? ;-)
  • Blocks Looks very promising

    Blocks differs from other anonymous file transfer utilities in that the following ways...

    All 'uploaded' files are split into small 64Kb blocks. 'File advertisements' are broadcast through out the network. Your Blocks application needs to be running to see them. When you do a 'search' you are actually searching the local list maintained by your Blocks application, searches are never broadcast.

    The data blocks are routed from server to server rather than from point to point, with content being replicated through out the 'network'. IP addresses are not associated with uploads or downloads in any way.

    Each Blocks application acts as a potential client, server, and caching proxy for data blocks.

    Blocks uses a large disk bound cache (1-64Gb) that is protected by a 128bit block cipher using a random key based on a strong Pseudo Random Number Generator (entropy provided by user), and the cache is deleted and recreated each time the Blocks server is stopped or started. Therefore, even after a crash or abnormal termination, the disk cache cannot be used to ascertain what data has been downloaded or was being served.

    All network connections are protected by a 128bit stream cipher using a session key created from a 512bit Diffie-Hellman key exchange. So, network logs cannot be used to identify what network passed through the system.

  • There is no need to get out panties in a bunch. Nobody gives a rip about Napster per se--all we care about is sharing MP3's. That has not ended. Furthermore there is nothing on the horizon that could possibly end it. There is MP3-sharing software other than Napster that doesn't share it's legal flaws (such as having a well-known operator). And even if there wasn't such software, FTP still works.

    It's all over but the crying.
    --
    Give us our karma back! Punish Karma Whores through meta-mod!
  • by darthaya ( 66687 ) on Friday July 28, 2000 @05:14AM (#897293)
    Napster has loomed over my school's network for months. At some bad time, I access my hotmail account on a speed of 1.4k/sec through a multi-T1 outlink. It is really a relieve for all the people who use their bandwidth for legitimate and educational purposes. Besides, let's face it, most of the Napster users are shameless leeches who want to get the music for "free".
  • When has that ever happened? I've played in many a band, played in many a cover band, and played many a bar. In none of these situations did we ever have to pay composers royalties.
    You don't. The bar does. They pay flat fees to BMI and ASCAP, who send people around to sample what music is being played and figure out how the money should be divided up.
    With regards to OLGA, it is still there and in my opinion better than ever. It has more tabs then they used to, and more mirrors...don't tell people that OLGA is gone because it isn't.
    The OLGA site itself now has only public domain stuff, but mirrors and rogue site endure and can be searched via the same engine. As they say:
  • by linuxonceleron ( 87032 ) on Friday July 28, 2000 @05:15AM (#897299) Homepage
    I've decided to stop buying CDs from bands on the RIAA (as have many), however I'm still looking for a way to purchase music. One way would be used cd shops since the RIAA already got their share. The other is to buy from artists who are not on major labels. So, I'm looking for good non-major-label artists to spend my money on. Anyone have any to recommend? I'm open to almost any kind of music (or even 'noise') so if anyone has anything they like which isn't RIAA please drop a reply here.

  • by quickquack ( 152245 ) on Friday July 28, 2000 @05:15AM (#897303) Homepage
    The RIAA will NEVER succeed in stopping online music trading. Never. They're getting themselves bad press while doing NOTHING to get rid of the trade.

    Now I don't really think that what Napster doing was completely legit, nor do I believe the "It's for trading uncopyrighted music" because we all know what it's for. Pirating music, plain and simple.

    But as it's been noted countless times before there are at least half a dozen alternatives to Napster, including Gnutella, CuteMX, Freenet, OpenNAP, IRC #mp3z and #mp3s, etc. The RIAA won't touch many of those. They're just getting bad press, that's all.

    Why not make the people happy? They'd be accomplishing the exact same thing!! And they'd also gain the general public's trust and liking, too.

    Just a few thoughts.

    -----
  • If you plan to establish any sort of TCP connection (in order to download or upload files, that's pretty hard to get around), you will at least be visible to the computer you've connected with. Gnutella provides a means to advertise a different IP, but once the connection is established, it's pretty tough to hide.
  • Aside from the anonymous filesharing for always-on internet connections, and perhps freenet, I haven't seen any truly "Litigation-proof" solutions. How many here will continue to use napster-type software? Now, how many here will continue to use it once a few high profile cases come about where houses are raided, computers seized and private citizens being turned into common criminals over copyright infringement?

    I say everyone burn all the mp3's you have to CD now, and we can all swp buddy to buddy in meatspace, it's going to be safer that way real soon now.
  • A quick search of my local news server turns up about 40 MP3 newsgroups covering most of the interesting genres. Why don't the napster users just move over there? There are lots of news grabbers that strip binaries out of a new stream, it's not centralized so there's no one to shut down, you can post anonymously fairly easily, and the only down side is the occasional live goat porn or make money fast file.
  • by JohnLi ( 85427 ) on Friday July 28, 2000 @07:25AM (#897314) Homepage
    Ok, now this is my first ever post here(after about a year of reading), and i know that this is gonna be marked as flame bait..but here goes anyway. I am a musician, and i personaly would love to have my songs indexed on napster, its free publishing, and would benifit me greatly. However, and i know all of you realize, most ppl that use napster arent interested in finding indy artists, or their favorite local bands newest song done on thier home 4 track. they use it to get the newest pop single. and that, is stealing. you can justify it any way you want, but when it comes down to it you all know that it is. an artist ususualy sees about 12 cents off of every record sold, more after they pay back the lable. and you all have to know someone, if not yourself, who has not bought an album because they download the singls/whole album off of napster, or irc or wherever. i guess my point is, that i see the general attitude in here to be something allong the lines of a witch hunt...and i just wonder how many of you have thought about what you are actualy fighting for?? is it the the right of free speach, or is it the right to not have to take your self down to tower records and buy a cd?
  • by K8Fan ( 37875 ) on Friday July 28, 2000 @06:35AM (#897315) Journal
    you have to keep in mind that napster users were split across several servers, and the servers didn't communicate between each other (unless they changed it in the past 3-4 months since I've used it).

    Virtually all of the servers were split, except for a test group that my wife discovered last week. They had been planning to link all the servers before all this nonsense happened.

    For those who are curious, the linked servers were:

    • gospel.napster.com
    • noise.napster.com
    • revival.napster.com
    • gothicrock.napster.com
    • latin.napster.com
    • bebop.napster.com
    • blues.napster.com
    • punkrock.napster.com
  • Oh my gosh, this song has been playing on my radio for weeks and I just realized that Nina Gordon is part of artist direct network [artistdirect.com]! It is a really good song. In cast the rest of you have not heard about it I encourage everybody to check out the mjuice downloable music at Nina Gordon's website [ninagordon.com]

    Hasdi
  • Mark the above post way up. I'll try to do a poor summary of the article...


    The value (to the public) of all published works is [number of published works] x [average value of a published work].

    The number of published works can be increased by giving the authors incentives-- potential for earnings because of copyrights. The value of each published work can be increased by allowing anyone to copy it-- If everyone gets to use it, then that particular work realizes its full value to society.

    When copyright law was created, it was hard to copy things... the value of a published work was virtually fixed, so the total value to society was higher if more works were created. It was a decision that didn't really need to be made. A common misconception resulted... that authors have complete control over their published works.

    However, now that copying takes much less effort, society can choose to increase the amount of copying allowed. The question is whether the increased number of people that could use each work would be worth the fewer number of works that would be published. If the public decided that it's more valuable to freely copy, then copyright law would have to be changed.

    Some groups believe that if authors had no monetary incentive to create published works, then no one would publish anything. The OSS movement shows that people have additional reasons to produce and publish works.


    On an individual basis, if copying is freely allowed, the net result could be that each individual gets to use MORE works, even if fewer works are being published.
    --

  • by Chris Johnson ( 580 ) on Friday July 28, 2000 @08:09AM (#897321) Homepage Journal
    I can answer this for myself, anyway (btw, I just revamped my mp3.com page above a _lot_ to help people figure out what's there :) )

    I create different sorts of music because there are sounds I want to hear that I'm not hearing from anybody else. This can be as direct as having a little analog synthesizer with a resonant filter that I hacked so it can feed back and overload, and wanting to hear an album based on that sound ('Cirrus'), or wanting to hear synthesisers playing in rhythms you normally don't get to hear ('Dragons') or what a dog would sound like as music ('anima').

    I could try to find somebody to sell me music like this, and in fact often I have (for instance, I have a big King Crimson record collection bought largely because of my fascination with the unusual time signatures Krimso often uses). But now I do have the capacity, often, to produce the sort of music I'd want to hear- myself. I've found that when I do that, some people simply don't like the result, but then some other people like it a whole lot- or fixate on some small element of what I do, and like that a whole lot.

    I feel I'm better off sharing my music for free, and allowing people to show enthusiasm in a direct fashion by downloading more, or by picking up a $5.99 CD, because I am entirely unwilling to 'summarise' my musical interests into one clearly labelled category so people can know what they're buying. You _don't_ know what I'm going to release next. I might do a new age piano album (got new tech- Kurzweil Micropiano and Lexicon Reverb) or a deep reverby 'ambient' album or an album of very well-tuned drum 'n bass. If I need to be able to do that, people need to be able to audition what I'm doing for free so they can _be_ warned how different all the CDs are, and go listen to _everything_ in case they might really connect with some of it.

    And of course they can, mp3.com/chrisj [mp3.com] is for just that purpose. I just redesigned it to explain better what each of the albums are like, it's no longer necessary to sit there lo-fiing or downloading track after track just to get a sense of what the music is like- or to try just 4 tracks and mistakenly think the whole catalog is like that ;) And all of it is still free- my expectation is that _some_ people will want CDs too, and those that don't are at least giving it a listen. I swear, there is a 'business model' in that- it just doesn't include _guilt_ of giving out 'shareware' music. Imagine it like this- my mp3.com page is the ultimate radio, one I'm very proud of. By using it I can convey broadcast music anywhere in the world at any time of the day or night- anytime someone listens to one of the mp3s, that magic super radio is going 'bzzzzt' and broadcasting it out to be listened to, at no cost to me- in fact, I get a little bit of money for the initial download! It's not much- the total over all the months I've been doing it is about $300, but that's nearly enough to get a Yamaha DX7, and some music that I do would be much better if I got to program a whole Yamaha DX7- it's a six operator FM synth and the one I've got is only a two output 4 operator FM synth. So it does help me make better music, pretty directly...

  • Tell you the truth, I completely agree with you. I think MP3.com is far superior, and far more worthy of being supported. I have no problem with attacking the Napster corporation, which is probably making money without giving it back to artists. But Napster users are not the same as the Napster corporation.
  • What's the problem? If you're speaking out against big guns, there's a good reason to be anonymous even if you're not doing anything wrong. But this isn't samizdat, it's just music. I usually hate the "privacy is for people with something to hide" idea, but I think it applies pretty well in this case. You don't need to be anonymous for this unless you're doing something wrong.


    ---
  • If napster stays shut down for long enough it would be interesting to see the impact on CD sales - or CD sales around universities, or whatever exactly it was all of those damning studies proved.

    Of course given how subjective the studies were before it would be hard for an apparent further decrease in sales to "prove" that Napster was good for the recording industry.
  • by jyuter ( 48936 ) <jyuter&gmail,com> on Friday July 28, 2000 @05:17AM (#897329) Homepage Journal
    With all these Napster alternatives, isn't the collection pool being diluted? One of the reasons Napster was so successful was its large community and hence its large selection. The above links as well as Gnutella and the slew of other file sharing programs means that it will be just as hard to find what you are looking for as it was in the good 'ol days of web pages.

    Wouldn't it be better to move to a single (or at least as few as possible) communites - possibly something which would have a harder time being shut down? Of course, there would probably be a whole bunch of flaming with respect to chosing those few communities...



    Being with you, it's just one epiphany after another
  • The entertainment industry as a whole wakes up fom their weird unrealistic dream world they live in to see the real picture. Their method of tackling the problem (lawsuits, cease and disist, etc.) will not work on the internet generation. The internet genration is not happy. If they were happy with the way things are now, you wouldn't have this big problem.
    If they keep this up, they might realise they'll run out of money when people start to realise how igorant they really are and start to seek other free methods of entertainment.
  • by SparkyB ( 30171 ) on Friday July 28, 2000 @05:18AM (#897337) Homepage
    To sum things up, the industry thinks this is a big win and that they now have a chance to offer consumers music downloads on their own terms. This displays their current lack of understanding of the real problems that users are seeking to remedy with Napster and the other music/file trading options.

    I have said and always will maintain that my problem with the RIAA is by inability to purchase single songs at a reasonable price. If they want to offer me downloadable music on a song-by-song basis for about $1 a song I'd be happy to pay. Until then piracy is the only option if you cant afford the whole CD for 1 song. You don't need to shut Napster down to convince me to switch and sharing still has its legitmate uses for unsigned bands and concert bootlegs.
  • 1) Napster is a service. Napster has a web site. The Internet is not the World Wide Web.

    2) Mr. Valenti, Scour is not the most obvious example of copyright violation _anyone_ has seen in their life, let alone you.
  • everyone (including napster) keeps saying that the judge ordered napster to be shut down. this is not the case. the judge ordered them to make sure no one is trading copyrighted material, and the result is that napster is telling everyone they've been ordered to shut down.
    Reason being, Napster can't (won't) implement a sharing filter to remove copyrighted material.
    if(song.matches("[Mm]etallica")==true){song.remove ()} won't cut it...
    ---
  • by Greyfox ( 87712 ) on Friday July 28, 2000 @05:19AM (#897344) Homepage Journal
    You can usually find some reasonably good bands on MP3.com. If you're in to Gothic, Gossamer's a good band to check out. Just poke around and see what turns up.

    The CDs usually run you about half of what they'd cost from an RIAA affiliated band, too.

  • There are exceptions. The ones that I know of are small, niche publishers. But then again being small, being in a niche, they have to do what they can to compete with "the big boys".

    For instance in the Celtic category, Green Linnet [greenlinnet.com] makes it a policy to make available (unfortunately not in MP3 format though - their clues are limited) all of their songs.

    Strangely enough, I buy the CDs anyways... :-)

    Cheers,
    Ben
  • Garth Brooks is wasting away to nothingness because of used CDs stores? Damn! Where's the nearest one!? I need to buy me a whole lotta music to support this cause!

  • Note: Alternative Tentacles is the music label owned by Jello Biafra of Dead Kennedy's fame. Jello, Alternative Tentacles, and the ex-members of the Dead Kennedy's have been embroiled in a vicious battle of late over the rights to and royalty payments from old releases. I personally don't know enough to pass any kind of judgement on this situation, but do feel that it is ridiculous to have these individuals violate the "punk rock" ethic" and use the sytem to bring down people who were once friends and who made muci with each other not out of the need for reprisal but out of the need for release.
  • Put a piece of music in front of him.
  • by linuxonceleron ( 87032 ) on Friday July 28, 2000 @05:20AM (#897358) Homepage
    The problem is that none of those other methods of filesharing you mentioned have either the users or ease of use which napster did. Out of what I've tried IRC is good if you're on the downloading side, but the beauty of napster was that it made the sharing part easy, running an IRC server isn't something that Joe User is going to be doing. Gnutella shows a lot of promise as well, though the last time I used it my connection speed sucked, but its distributed nature makes it much harder to get shut down.

  • by wrenling ( 99679 ) on Friday July 28, 2000 @05:20AM (#897360)
    I dont know if Napster is the battle we want to put all of our energy into fighting. As much as some of us use it, we DO know that it is being used for a lot of piracy that is beyond the terms of fair use.

    BUT Napster also highlights the problems with the concepts of IP, fair use, and copyright, especially the model that is currently being forced down our throats by the RIAA.

    Some of my very best friends are independent producers. Their music is up on MP3.com. MP3.com has ways for the artists to promote themselves, to link to other artists they like, runs contests and promotions to encourage the artists. I have found some great people whose music I would have never heard otherwise... because people whose music I already respected suggested them. This is a model that can, and does work. And a quick comparision of mp3.com to Napster leaves Napster very much lacking in these sorts of features, which ARE the features that link the artists directly to their listeners.

    MP3.com has my full support. Napster... I have a hard time justifying it. Its VERY grey...and I think we all need to pick our battles carefully on this one.

    just my thoughts.... *dons flameproof suit*

  • And I agree with you totally about writing music -- I write music too, and I don't do it 'cos I want to make money. I have a degree in something totally unrelated to music, and I can make a much better living than a musician. But I still write music, because I like it. But because I'm not interested in the money, and I'm not motivated because of the money, I probably will never get published by the major music publishers. And this is precisely the problem. There may be hundreds of talented artists out there whose music is much better than the "mainstream" stuff (and frankly, the so-called "mainstream" stuff is garbage in terms of musical content), but they will be despised by the music industry because they write music for the sake of music, and not for the money. And their works may never see daylight, and never appreciated.


    This is exactly why smaller artists don't get a chance. You complain about how all the "mainstream" music is "garbage", and how they don't promote "real artists". I hate to break the news to you, but musical talent is not somethiung that can be measured. It's a tase. You don't like what's out now, so it's garbage and you are a "real artist" who will never get anywhere because people don't like what you are putting out. I don't like Christiana Agulara, but does that means that everything she puts out is crap? No, because some people think it's really good, and get a lot of meaning and enjoyment out of it, and THAT is what music is about. People think Napster is great because it opens up the world to smaller artists, and that is a benefit of Napster. But it also helps to close the door on emerging major label artist, but that's okay, because they aren't "real artists" anyway. Just because someone sells a million records doesn't make them great, but just because you don't like them doesn't make them "hacks" or "sellouts" or "crap". Popular music is called that because it is "popular". If you want to be a part of popular music, you have to be popular, and it's a shame most people think that as soon as you join the ranks of the "popular" bands, you automatically suck.

  • Regardless of where you stand on the ethics of Napster, you have to admit some of the people quoted in the Salon article Just Don't Get It. My favorite (from Erwin Drake):

    Napster is supplying burglar tools to a public that is not aware of the circumstances. That same public, if it can not afford a car or a home, knows it can not have them. They can not download that car or home. That would be theft if it were technically feasible.

    That just makes my head hurt.


  • I was thinking about this whole napster thing. What if Napster went off and hosted in Havenco [havenco.com] on the territory of Sealand? What forces would be able to bar them if they were based off Sealand? I feel this seems to be the only logical step Napster or a future derivative of that company could take to minimize all this legal fights with RIAA.

    Havenco is also letting people who are proseucuted by their gov's host their sites free of charge. Very nice deal.

    --
  • I expect when that happens we won't be far from a time where the riaa can report a single violation, the police will drive to your house, barge in, and shoot you in your chair.
  • What styles do these artists play?
  • by Kwelstr ( 114389 ) on Friday July 28, 2000 @05:22AM (#897374)
    Freenet, a new type of internet connection is anonymous for sharing and storing files. http://freenet.sourceforge.net/ From their website: "What is Freenet? Freenet is a peer-to-peer network designed to allow the distribution of information over the Internet in an efficient manner, without fear of censorship. Freenet is completely decentralized, meaning that there is no person, computer, or organisation in control of Freenet or essential to its operation. This means that Freenet cannot be attacked like centralized peer-to-peer systems such as Napster. Freenet also employs intelligent routing and caching meaning that it learns to route requests more efficiently, automatically mirrors popular data, makes network flooding almost impossible, and moves data to where it is in greatest demand. All of this makes it much more efficient and scalable than systems such as Gnutella. "
  • As I understand it, the orignal Gnutella project at Nullsoft is dead; AOL presumably didn't approve, particularly considering their impending merger with Time/Warner. There are now a number of independent Gnutella clones, most of them fully compatible with the Nullsoft Gnutella protocol, and I think they're all open-source. Consult the Gnutella [wego.com] site (not hosted by Nullsoft/AOL, nor operated by Nullsoft employees AFAIK) for details.
  • I've purchased a few titles from MP3.com too (Specifically all the Gossamer I could get my hands on.) I wish a few other indie bands (*Cough*Perfume Tree*cough*) would hook up with them. I'd be buying a lot more through them...

    Finding bands I like there takes a bit of sifting currently. They need some sort of best picks program -- several record stores I've been in had employee picks albums, and some of the best music I've heard has been suggested by music store employees I knew (That's how I got turned on to Tom Waits, Perfume Tree and the entire genre of acid dub.) Perhaps polls in various categories might work.

  • How do they know people are using it as a substitute for buying the CD? Record industry profits hit record highs again last year? If there's 20 million Napster users out there downloading their music instead of buying the CDs, then why are record industry profits still going through the roof?

  • by jms ( 11418 )
    And we can only hope that the judge reaches your same, enlightened conclusion in his deliberations.

    :-)

  • They don't support us at all- we have to support ourselves, just as if we were RIAA acts. mp3.com would rather advertise that they have a track by the Rolling Stones or a press conference (I am not making this up) by the Eagles, than us, so we need all the help we can get (that's why I posted a lot of fellow mp3.com acts to another thread).

    They do tip us tho- we get a fixed amount divvied up among us for downloads, and we get 50% of CD sales. That alone is way better than anything any RIAA label has ever offered... so I have to encourage mp3.com, just don't think they will support their own bands as in promote or fund, because they totally won't :) they aren't loan sharks like the majors- break-even point is 'the moment you sign up' and you have to bring people there yourself. Once you do, you and mp3.com peacefully divvy up the returns if any :) in a way, this is a much humbler and more sensible way of working in the music business.

  • They'd be happy to sell you songs individually, but those songs will be encrypted, digitially signed, and permanently linked to a particular player, (a closed source, obfuscated player program or hardware.) And you gotta give them you player's serial number.

    Oh, and they'll also be licensed and not sold, and, because they're now selling songs, they'll claim that there's no reason for any player to play unencrypted music, so all THOSE players will be made illegal. Of course, like software, they won't accept returns.

    And if the player they've licensed for goes sour, you'll be stuck with megabytes of useless crap. They'll never let you convert your music to a second player, as you might be lying about your origional one breaking and you might be a pirate. So you'll have to buy it all over again.

    Need I continue?

    Oh, and once they've made everything else illegal, they'll put on limits. You can only play the music so many times before it disables, or so many times a month, or a limited timeframe to play it in.

    And of course, once people forget about free music and think 'public domain' is a dirty word, the price will go up. $5? $20? a track. The monopolies will screw you for as much as they [safetly] can. And then they'll work to make copyrights perpetual.

    This is what the record companies want out of the digital future. This is what any 'copyright control' company wants. Music, lyrics, video, photography, software. This is what they all want.

    Napster and any other way of letting the MASSES trade media that's unencrypted and not digitally linked (Masses != computer nerds who know FTP or IRC.) risks that bright future for record companies. It gives the heretical idea that people should question copyright. Something which they haven't seriously done in decades. Like the witches at the stake, Napster must be destroyed for that reason.

    Computers don't necessarily make information free. They're good at processing information, duplicating it, checking it, debiting accounts... Thus, they allow control at a fine level that would have been impossible in the past.

    The internet gives everyone a press. As a famous quote goes ``Freedom of the press is only for those who have one.'' The internet must be controlled to protect those who already have presses.

  • They know their distribution mechanism is severly flawed, but it is flawed entirely in their favor.

    No -- it's not completely flawed because unlike napster, it does not completely bypass the artist's compensation. Sure, the RIAA are greedy f*cks, but so are the napster mob. Both sides want to take as much as possible and to hell with anyone who gets in their way.

    They control (for the most part) the media that influnces what you buy (think radio

    Don't know about you, but I suibscribe to member supported radio -- I support alternatives. These stations are not controlled by anyone. ueah, I know, someone has to pay to support them, and the napsterites don't want to pay for anything.

    Now yes, I put my music up on places like mp3.com and napster for public exposure. Why? Because no matter how bad I suck, I want to hear other peoples opinions and critiques (sp?).

    The fact that you aren't a professional musician doesn't mean that noone else should be.

    The RIAA has spent millions, silencing ME an artist, by shutting down one of my distribution channels.

    napster was primarily a glorified warez site. The fact that tere was the odd bnit of legit material here and there doesn't justify it.

  • Perhaps that wasn't the best choice of words on my part. In my defense, I was trying to be brief enough that the story would have some chance of being posted :)

    I agree with what you're saying though. I've been saying the same thing. Regardless of whether they understand why people use Napster or not (and I'm not really sure whether they understand and are in denial, or if they just plain don't get it) they will do whatever they feel is necessary to retain control of the industry.

  • by TheKodiak ( 79167 ) on Friday July 28, 2000 @05:23AM (#897400) Homepage
    Actually, this is pretty on topic, as far as used cd shops are concerned. I can't find a good link, but there was a big stink a few years ago about how Garth Brooks was wasting away to nothingness because the used cd trade was preventing him from selling so much as a concert ticket, let alone an album.
  • I'm amazed at how much the line has blurred for me with respect to copyrights. MP3 changed that. Slightly before my audio addiction, I thought MODs were going to be huge, but then about the same time, Layer3 audio came about, and I wondered why I would go with anything else.

    The whole net took notice, and now with growing popularity, we have to fess up to our actions. I love music, can't get enough, and get a lot of MP3s, but well, it's illegal. I don't have to tell you guys that.

    When, however, did the line get so blurred? I don't want to see Napster go, as I learned piracy from my father, but instead I want an underground I'm not going to hear about on Headline News.

    Lets keep surfing this wave, and lets hear more from the OSI community. Gnutella is good, but we need to keep going.

    ----

  • Used CD sales have already been targeted and already won their cases in court. From what I understand, this is due to what's known as the "first sale doctrine." It basically says that once you buy something, like a cd, it's yours and you can sell it to someone else if you want, as long as you're not keeping a copy for yourself.

  • by moller ( 82888 ) on Friday July 28, 2000 @05:24AM (#897411) Homepage
    attack the MP3 format itself? I mean honestly now, why don't they just go ahead and sue the person who came up with the MP3 file format, and then sue Winamp, Real, Microsoft, and everyone else who publishes a player that is capable of using mp3's.

    The RIAA has a problem with MP3's. It's not just they don't want people trading copyrighted material, they don't want them doing anything with a format they don't have any control over. I want to see the RIAA sue Microsoft to attempt to force Microsoft to remove support for MP3's from Windows Mediplayer. Obviously all MP3's contain illegally acquired copyrighted material (never mind all the songs I download because it's easire for me to download songs I have the CD for than for me to rip them myself), so of course an MP3 player should be illegal as well! Please. This is ludicrous to say it's the deathknell of whatever it is the RIAA thinks they're fighting.

    Moller
  • Get a clue and read the Home Recording Act. It is legal to give your friend a copy of the music you bought. It isn't legal to sell him one. Music sharing is awesome, and specifically made legal by congress. Profiting off copied music is not legal. This is why I don't support Napster, because they are trying to profit off of music sharing. It Napster gets shut down, it will be a good thing.

    I predict that the judge will rule that sharing music over the internet (even copyrighted music) is legal, but profiting from it is not. So if you put up a page advertising MP3s, you can't have any banner ads or commercial advertising. If you're Napster or some other corporation, you're SOL. This will not stop the music revolution.

  • by Lowther ( 136426 ) on Friday July 28, 2000 @05:25AM (#897416)
    Two comments on this one:

    Q. What is the difference between a drummer and a drum machine ?
    A. You only need to punch the information into a drum machine the once ......

    Q. Why does every band have a bassist ?
    A. Cos some f***er has to drive the van ....

  • by Anonymous Coward
    Napster recommends sending your opinion to the Big Music executives at this page [napster.com], and I did just that. Here is the message I sent:

    I use Napster. I buy CD's. I only buy the CD if I like the music on it, and I won't buy a CD if I don't know what it sounds like. Legal or not, Napster has made it very easy to preview music by artists. If I don't like the music, I don't buy the CD, but if I do like the music, I do buy the CD.

    Here's the point: By shutting down Napster, you have taken away my ability to preview music, and I will buy less CD's. That's the bottom line.

    Please find an agreeable way to work WITH Napster instead of against it. Use this network to your advantage, don't pit the network against you. The internet will find other ways of previewing music. I have already found a few other channels. They aren't as convenient as Napster, but I'm sure that public use and pressure will push these channels to mature.

    A message to Big Music: Stop fighting. Face the music. Try listening to what the public wants, instead of this futile attempt to keep your pockets filled. The internet is democracy in its most pure form -- work against it and you will ultimately lose. And please, stop hiding behind the claim that your only "trying to protect the artists." Many artists have seen the great advantage that the internet can provide, and are profiting from it without your help.

    - PH070N
  • No, they have made money, just not enough to offset their debt, which is why they are in the red.

  • The real issue is:

    We will always be able to share MP3's. Maybe not on the same scale that Napster permitted, or maybe so. but there will ALWAYS be a risk of getting caught, and going to jail, that's why the concern about Gnutella, and need for Freenet.

    The way I see it, it all depends on the interpretation of "fair use". Like Orrin Hatch said. If fair use includes the non-commercial sharing of an MP3 with a friend (or x friends), then what users on Napster are doing is NOT illegal. Why has the argument focused on abusive contracts, price gouging, etc.? This is the real battle. Fair use. If we don't win the fair use argument, then the RIAA comes in and has congress right some nasty provisions - and the end result will be, you can download music from record company servers, at the price they want, probably won't be able to copy it or share it (SMDI), and possibly, they'll be able to limit your listening of the file so you pay a fee every listen. Plus, what will be available will be a subset of music that exists, probably current top 40's only. That is not a regime I would like to be a consumer in. I would probably just not listen to music anymore. The day the music died.

    Screw all the other bogus arguments, about "how will the poor artists eat" and crap like that. Our rights are at stake here. Fair use is important, and that's what we need to be aware of. Artists will still make music, and still become fabulously wealthy, and there will still be record companies, and they'll still be able to charge for people to download music - even if you can get the same file free from your buddy over the internet, that does not destroy the market for sale of legitimate first-time intellectual property, or a physical CD with liner notes and cover art and other value-added features. But that is fighting a bullshit argument anyway - focus on fair use. It's our right, let's not lose sight of that.

    if it ain't broke, then fix it 'till it is!
  • by dpilot ( 134227 ) on Friday July 28, 2000 @05:26AM (#897437) Homepage Journal
    Long ago, Roblimo , put the quote at the bottom on Slashdot. IMHO, the record companies have been ripping us o^H^H^H^H^H^H^H^H^H^H enjoying high profits and FEAR the end of the gravy train, and having to subsist on the profit margins more common in other industries.

    ************************************************ **
    Re:Another victory for the forces of mediocrity. (Score:3, Insightful)
    by roblimo (roblimo.nojunk@slashdot.org) on Monday March 27, @09:54AM
    EDT (#77) (User Info)

    More aptly, what if 95% of all popular music was controlled by only four or five record companies and those companies formed a trade association whose main purpose was to keep its members' products selling for high prices instead of allowing "the market" to determine what a given song was worth?

    The end result would probably be wholesale music piracy using technology the record companies couldn't control.

    Not that anything like this could ever happen in real life, mind you; this is just Monday morning speculation on Slashdot...

    - Robin

  • The end of Napster is sort of sad, but then again my immediate reaction when I first heard of the company was "Is this a joke? They're going to get sued to death!" The whole idea of starting a company to sponsor MP3 piracy was just inane. (I've heard all the arguments about how Napster has "legitimate uses" -- I'm just no more impressed by them than the judge was. It is simply obvious, even without Fanning's leaked emails, that Napster's real purpose was to facilitate piracy.)

    Now, if you really want to do this sort of thing right, you don't start a company and advertise what you're doing. That's dumb. You also don't have a centralized server whose operators can be sued. Instead, you set up a decentralized system where everyone is a client and a server. Gnutella [wego.com] is one possibility, but it still allows you to identify where the pirated files are located (on various servers, identifiable by their IP addresses, which may be dynamic but do have a specific meaning at any given moment). Freenet [sourceforge.net] is better still; the files are distributed in such a way that you can't tell where they are, and in fact a given file may not be in any one place in its entirety. Now that's tricky to sue.

    So I think it's pretty stupid for people to be talking about setting up new Napster servers. You want to get sued? Fine, go ahead. Your pockets are probably a lot less deep than Napster's, but the RIAA will be happy to take whatever you've got. In the meantime, those of us with clues will be working with Gnutella and Freenet, doing essentially the same thing you are, but not getting sued. Take your pick.

  • by gilroy ( 155262 ) on Friday July 28, 2000 @05:29AM (#897461) Homepage Journal
    Blockquoth the poster:
    Wouldn't it be better to move to a single (or at least as few as possible) communites - possibly something which would have a harder time being shut down?
    It seems that those two options are mutually exclusive. The real solution is to encourage interoperability and data-sharing between the different alternatives... My in-a-jiffy model is the Internet itself. We didn't shut down all the competing networks; we just made sure they could talk to one another.

    To draw a riff from Pink Floyd, "The only thing we need to do, is keep talking." :)

  • by Spazmoid ( 75087 ) on Friday July 28, 2000 @05:29AM (#897464)
    From the salon article,

    "...now have a chance to offer consumers music downloads on their own terms. This displays their current lack of understanding of the real problems that users are seeking to remedy with Napster and the other music/file trading options."

    I dont think the music industry has any lack of understanding when it comes to the problems we "pirates" are trying to remedy. They know their distribution mechanism is severly flawed, but it is flawed entirely in their favor. They control (for the most part) the media that influnces what you buy (think radio and MTV). They countrol the distribution method so that they, make the most out of it (and of course the few artists that have mass appeal due to their help). Everyone else get the short end of the shaft.

    Why would they want that to change? Even if things like napster caused people to go out and buy MORE music, it may not be the music they are promoting. Having that kind of power over the masses is something I dont think many individuals would give up, much less a corporation. I am not naive enough to think that this is for monetary reasons only. The music industry has power over poeple, power that is clearly illustrated by the fact that as sharaing technologies became more prevalent, the majority of what you see is MAINSTREAM music, Nsync, Brittany Spears, Eminem, ect. Most of the music is fun yes, but talented and emotional, probably not. However it is what is getting crammed down peoples nural pathways by radio and MTV at the cost of millions of dollars. That in and of itself show the gullibility of the masses, and that is what the RIAA and the MPAA exploit.

    I myself am a musician. Not a very good one, but you know what my opinion of my music is? I do it for ME. It is a release of my creative energy, my emotion. If other people hear it and like it then great, but if not no loss because I did it for ME. Now yes, I put my music up on places like mp3.com and napster for public exposure. Why? Because no matter how bad I suck, I want to hear other peoples opinions and critiques (sp?).

    I have mad all of about $10 from the mp3.com pay for play program, and also put my music out through napster, normally before releasing it on mp3.com. Now what? The RIAA has spent millions, silencing ME an artist, by shutting down one of my distribution channels. Even if I was good, I would never distribute or promote through corporations that behave like that.

    I think the RIAA is fighting this battle more for the POWER than the MONEY. The fact that they are still breaking profit records I think proves that.
    Ok... rant over.. return to your lives people...


    www.mp3.com/Undocumented [mp3.com]
  • Few people know this, but Will Smith turned down an acceptance to MIT to become a rap star. Now we see Chuck D. with an insightful comment about sharing, and we see an incredibly enlightened comment by the lead of the band "Moebius Dick", who in his spare time is a law professor.

    For some reason, we tend not to associate rock/rap/pop music with sophisticated thinking. But to find out how many of these guys actually hold academic posts -- it is far higher than a lot of people think, and that surprises people.

    --
  • Following the injunction against Napster, 20,000,000 Napster fans worldwide flooded into the Slashdot website en masse, desperate for up-to-date information on alternative sources for thier free misic fixes.
    "[the injunction against Napster] is like trying to smooth out lumps in a waterbed," said /.'s front man Commandante' Taco, "all you're really doing is swishing the water around."
    Slashdot, a news forum for self-styled "geeks", is a leading advocate of free software (including many free Napster alternatives), Star Wars, and Hot Grits.
    "People are realizing that only through free software can men be truly free, t'was always thus, and always thus will be." Said Slashdot's verbose Mr. Antonius Coward, "People understand that Gnutella (a Napster alternative) can never be blocked, sued or injuncted. It has been a great coup for our wicked underground agenda".
  • by joemaller ( 37695 ) on Friday July 28, 2000 @05:36AM (#897501) Homepage
    This is just another step in the record companies long slow suicide. If they really had a clue about the future, they would not have shut down the lyrics databases when they should have just bought them out. They wouldn't be trying to stop Napster, they would be pressing ahead with colateral merchandise and expanded experiences. They would be giving music videos away and using the web to create affinity groups of music types, collect ad revenue and build brands. They would recreate themselves as a modern business capable of dealing with changes in the marketplace.

    What do you do when you have a song stuck in your head? Since there are no lyrics databases left to search openly, I go straight to a text search engine like Altavista or Google and find whatever fragment of a phrase I can scrape together. Most popular lyrics seem to be online somewhere, and I usually find the song in a few searches.

    Since the record companies have done absolutely nothing to help find one song on an album, let alone make it possible to buy just that song, hello Napster. Custom CDs are not the answer. When blank CDRs are for sale at KMart, it's a little late to try and convince us that CDs are hard to make. If I want one song, I want it now, and I don't want to be forced into buying 10-15 other songs for $20 and having to wait a week for delivery.

    Music has been digital for years, and that means that there are no originals. Everything is a copy, the only original is the music being recorded. Without copies, there is no music. There is absolutely no difference between the content on a CD I purchased today and 10,000 of the same album purchased anywhere around the world.

    I'm glad Radiohead came forward, again they prove to be among the most forward thinking musicians out there. I'm also glad I own all their albums. And I'm going to go download their live shows right now...
  • by dagoalieman ( 198402 ) on Friday July 28, 2000 @05:47AM (#897505) Homepage
    Although many of my favourite bands are RIAA sponsored, I've gone against them.

    One label that I like, fortunately, isn't an RIAA member. DivaNation, the producers of the now defunct My Scarlet Life, has several good bands, and actually appreciates their fans.

    Check their stuff out @ http://www.DivaNation.com

    Offtopic story: My Scarlet Life was a pretty good trip-hop type band. Their stuff is slightly similar to Delerium's Karma album. One day I went looking for their web site, trying to get to another concert. Well, I found out they broke up, and the members had other bands. One of which, Scarlet Life, was rumored to be similar in style to Scarlet Life but definately not the same.

    they had a printable discount ticket to the concert on the web site. I clicked the link, it was broken. Seeing no contact info at the time, I called the company, also trying to get more info on the concert. End result of that: I talked to a band member, got 5 tickets mailed to me, and drove 7 hours to see one of the best concerts I ever have. I got to meet all 4 of the bands there (Gaberdine, Breather, Butterfly Child, Scarlet Life- mostly unheard of, but they have a loyal following), got pictures, and couldn't have enjoyed it more. I STRONGLY suggest them because of this, the great treatment I recieved as a fan. Also, while talking with Breather, I found out that they love MP3s, and use them online freely as much as possible. Now that rocks too.

    PS- Most of these bands are Chicago based, and don't travel much, but they do have CDs that are well worth checking out.
  • Thomson Multimedia controls MP3 patent licensing [mp3licensing.com]. If the RIAA wants to stop MPEG Audio Layer 3, it could just work with Thomson to get the patent royalties upped. This will cause League for Programming Freedom [programming-freedom.org] to throw up a site called Burn All MP3s Day [burnallmp3s.org] and everyone will go download Vorbis software from Xiph.org [xiph.org] and re-rip their CDs.
    <O
    ( \
    XGNOME vs. KDE: the game! [8m.com]
  • This sounds like a troll, but what the heck.

    I do agree that many Napster usera are leeches, but there are as many people who buy more music because of it. I have a collection of songs by Neil Diamond and Elton John that I have only come to appreciate because I got the songs for free (though not on Napster). Had I not gotten them for free, I likely never would have had any interest since my primary musical interest is 80's punk. I think it makes good marketing sense -- I am now CONSIDERING a purchase that I otherwise would not have made. Call that leeching if you want, but I disagree.

    Personally, I question why the software company I work for has T1 internet access. We host our own servers and provide Internet services, but those run on their own T1. We as employees have a separate T1 for Internet access at our desktops, and I'd be incredibly surprised to discover that even 1% of the traffic is for "legitimate" purposes. I spend an hour on /. every day for cryin' out loud!
  • by Tekmage ( 17375 ) on Friday July 28, 2000 @05:56AM (#897542) Homepage

    Also check out:

    http://www.farmclub.com/ [farmclub.com]
    http://www.garageband.com/ [garageband.com]
    http://www.live365.com/ [live365.com]
    ...for a large chunk of un-signed and/or small label groups.

    ObRIAA/Napster: As a way to access bootlegged music, it's awesome. I do think it's only fair that the artists (directly) receive some sort of compensation for their studio-recorded material. As much as I dislike advertising, why couldn't compensation be derived from tacking on short audio adver-bytes onto the front of every nth Napster-like download? That way the user doesn't have to micro-pay for downloads, but if they want to guarantee no-advert recordings, they have to buy the CD.

    (ObPlug: Of course you're more than welcome to listen to our [webhop.net] stuff... And cast one vote [101xfm.ca] for Today's High to open for Edwin at Navan Fair [navanfair.com]. Voting ends today. :-)

  • The RIAA would go well to examine the saga of OLGA, the On-line Guitar Archive.

    Years ago, people started posting guitar transcriptions on USENET. Someone started collecting them on an FTP site at, IIRC, the University of Arizona; later, this evoloved into a web site, olga.net.

    The Powers That Be didn't like this very much - in their minds it meant that they were losing money since people weren't buying books of transcriptions anymore. (Never mind that there's a huge difference between not making money and losing money, that these books were overpriced and sucked, that people have been showing each other how to play songs since the beginning of time, and that composers were getting performance royalties when someone like me played stuff they'd learned off the net down at the local bar.) So they brought down their legal might and crushed OLGA.

    Which led to dozens of new guitar tab sites springing up all over the web.

    You can't stop people from sharing information. Gnapster has built-in support for OpenNAP. Need I say more?

  • by mav[LAG] ( 31387 ) on Friday July 28, 2000 @05:59AM (#897571)
    From Metallica's (non-technical) attorney:

    But really, I tried using Gnutella and I couldn't make it work, so I'm not as worried about it as I was about Napster. I spoke to about 20 people who agreed. Of course, anybody who wants to steal music will do it; the diligent pirate will always succeed, but that doesn't mean we should allow it to become mainstream.

    If the history of bleeding edge apps which serve a purpose has taught me anything, it's that rapid improvment comes quickest to those packages which are potentially the most useful. Mr Howard A. King doesn't know it yet, but he should be far more worried about Gnutella than he is now. Napster was easy to sue - public, high-profile, has management in suits etc. Gnutella (and other desperately subversive tools like IRC and ftp) will just take up the slack - untraceable and impervious to lawsuits.

It isn't easy being the parent of a six-year-old. However, it's a pretty small price to pay for having somebody around the house who understands computers.

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