NYT Promotes File Sharing 247
aisaac writes "An article in today's NYT comments intelligently on filesharing. Key points: downloading music is not illegal, peer-to-peer enables this useful and legal activity, and a list of good places to find good music online (including the American Memory Collection at the Library of Congress. The Induce Act is briefly mentioned without analysis, but the article does not mention that some of the Act's sponsors and cosponsors have expressed a willingness to consider ammendments to restrict the application of the Act. (This according to a letter I received from Senator Sarbanes.) Let's keep the pressure on!" A Congress call-in day is being organized.
They promote free music, not just filesharing! (Score:5, Insightful)
Whenever I see the word "intelligent" included in the summary of an article linked from Slashdot I cringe. This time I was absolutely shocked to see that the article was not only intelligent but insightful and informative. I hadn't been directed to Epitonic before but I am sure I will poke around there some more. I have become a big fan of "alternative" bands that have been making it to the radio scene as of late (Secret Machines, Velvet Revolver, and Modest Mouse to name a few). Modest Mouse allows the taping and distribution of their live performances and it's apparent that the Secret Machines don't have much of a problem with getting their sound out there. Nothing gets me more interested in purchasing tickets to see a show than when the bands distribute their music for free.
The article mentions my all time favorite, FurthurNET, as a viable alternative to other P2P networks which harbor many files that probably shouldn't be there. FurthurNET is great when you are looking for something more "headsy" like DSO, Phish, or the Dead. You might have better luck looking for other stuff on torrent sites out there (like the now seemingly defunct sharingthegroove.org).
Support the bands that support the free distribution of their music. It's already working!
Re:They promote free music, not just filesharing! (Score:5, Interesting)
Better make sure the bands you cite share your ideals. What about Velvet Revolver's copy-protected CD [slashdot.org]?
Re:They promote free music, not just filesharing! (Score:5, Interesting)
Here's a hint: Velvet Revolver is not some band playing at your local bar in front of 5 people, who are going to be googling their own name and following a link to a geek website and then changing their mind about whther they'd rather give their music away for free or take the millions of dollars they're making. They don't care if you go to their concerts; when you sell all of the available tickets, it doesn't bother you when some guy didn't want a ticket because he's too cheap to pay for your album. Really.
Actually, it does not at all promote filesharing. (Score:5, Insightful)
If authorized downloads were all that was file-shared, file-sharing would be a non-issue.
The issue revolves around unauthorized sharing, and this article isn't about that.
Re:Actually, it does not at all promote filesharin (Score:2)
Re:Actually, it does not at all promote filesharin (Score:2)
Re:Actually, it does not at all promote filesharin (Score:2)
Uh, if a rightsholder says that it's ok share her work, then it's ok to share her work. What's so complicated about that?
Re:Actually, it does not at all promote filesharin (Score:2)
Re:Actually, it does not at all promote filesharin (Score:2)
Well, from the FurtherNET site:
Re:Actually, it does not at all promote filesharin (Score:2, Insightful)
We wish it were that simple.
For one thing, problems can occur where a compulsory license is required. For example, suppose you create and perform a song that I want to play on my radio station. Even if you give me full rights to play that song, I am still required to pay the compulsory license fee for using your work in that manner. Copyright law does not give you (as the copyright hol
Re:Actually, it does not at all promote filesharin (Score:2)
That was an interesting scenario, but it lacks "real world" muster.
If you were to start a non-commercial radio station that played only Creative Commons work, who exactly is going to sue you, and on what grounds? Certainly not any of the PROs.
Through a strained reading of webcasting rules you may conclude that a Creative-Commons-only station would still have to pay
Re:Actually, it does not at all promote filesharin (Score:2)
PROs refers to the performance rights organizations [wikipedia.org] (the guys that collect and redistribute compulsory money).
Nobody is going to sue anybody for sharing authorized work, it's just a silly notion.
Re:Actually, it does not at all promote filesharin (Score:5, Insightful)
So, those aren't...um...files? And people aren't, well, sharing them? Could you possibly explain what is different between sharing files and filesharing?
Re:Actually, it does not at all promote filesharin (Score:2)
Simple. For the past years since Napster, filesharing has been used in a sense that refers to sharing copyrighted files without having the copyright holder's permission. When people talked about filesharing, they talked about Napster, Kazaa et al., simply because nobody gives (or gave) a damn about legal filesharing, the RIAA doesn't because it doesn't really concern them yet and the consumers don't because the music doesn'
Re:Actually, it does not at all promote filesharin (Score:4, Insightful)
> For the past years since Napster, filesharing has been used in a sense that refers to sharing copyrighted files without having the copyright holder's permission.
It has been used BY YOU to mean that. Just because you push a word into narrow terms, not everyone does. When I say filesharing, it has nothing to do with copyright, legal, or illegal. It means SHARING FILES, regardless of content. I use KaZaA to download legal, free software when the distribution site is down, slow, etc.
> When people talked about filesharing, they talked about Napster, Kazaa et al.,
Because those are the programs that do the sharing. What the hell else do you expect them to be called?
> nobody gives (or gave) a damn about legal filesharing,
Again, just because YOU view the world so narrowly, don't assume everyone else does as well.
> No doubt this is just one meaning of the word
Which goes contrary to your previous statement that "filesharing" means only "distributing copyrighted material illegally."
Re:Actually, it does not at all promote filesharin (Score:3, Insightful)
Yeah but they missed lots of joints. (Score:3, Informative)
It's very cool you can pay what you think the album is worth, from $5 to more and as an added bonus get full quality wavs of the music when you buy the album (as opposed to just the mp3s you can download and try for free).
NYT with Sensible Article (Score:3, Funny)
Re:NYT with Sensible Article (Score:4, Insightful)
The sites they hightlight are places where you can get music unhindered by RIAA and it's policies. They advocate things like trying the artists site, they point out sources of un-RIAA-tainted music.
The one thing the article is not justifying (and clearly seperates itself from) is unlawfully distributing property for which RIAA has exclusive distribution rights. In point of fact, the article points out that RIAA does actually have the legal rights, technology may have complicated the enforcement of them, but that does not change the fact that they have those rights...
What the NYT *is* pointing out is that there are many places to get music without violating RIAA rights, and validating their position that file-sharing is destructive to their industry.
As I've preached repeatedly over the last year or so, there are options, and you should be exercising them. Which action sends a clearer message to RIAA, forswearing music for which member organizations have the exclusive distribution rights, or participating in the unlawful distribution of said materials... Considering that the second does nothing but convince RIAA that they have a valuable product (which many deny, but continue to validate RIAA with their actions...) and that their rights as regard that product are being violated. The first gives them no legal leg to stand on, and sends a clear message, you won't support RIAA, it's member agencies or the artists they retain. That is a clear and succinct message.
Kudos to the NYT for mainstreaming the *only* reasonable way to send a functional message to RIAA.
Downloading music itself is not illegal... (Score:5, Insightful)
Re:Downloading music itself is not illegal... (Score:3, Insightful)
Re:Downloading music itself is not illegal... (Score:5, Interesting)
Then why have none of the lawsuits gone after people for it? Read what the people being sued are being sued for. So far, it appears to be legal to upload copyrighted material you have the rights to. That is, if I own the CD and share it out so that anyone can download it, I have not broken any law or copyright. It has never been tested whether you have the right to download a copyrighted piece and listen to it.
The only thing that they have filed lawsuits for is sharing/uploading material that you do not have any rights to. Why? Because that is the *only* thing that is explicitly illegal.
Re:Downloading music itself is not illegal... (Score:5, Insightful)
Catching uploaders is as easy as seeing what they are sharing and ensure its copyrighted material that the RIAA owns. Bingo, a nice lot of evidence that didnt take a lot of work.
Downloading is illegal. Uploading is illegal. The ease of proof is the difference in lawsuits brought for these actions.
Re:Downloading music itself is not illegal... (Score:2)
You guys are on crack.
The Napster decision is what determined that uploading is illegal, but downloading is not. The RIAA are going after people who are sharing files. If you don't want to get caught, don't share. You can still download as much as you want (except for users that will kill you for leeching). Downloading is legal, always has been, and hopefully always will be. That's not considered distribution. Uploading is, however, considered distribution.
Re:Downloading music itself is not illegal... (Score:2)
Uh, no. The Napster case didn't touch either of those.
It found that intentionally promoting uploading was illegal. Just because one trial didn't call something illegal doesn't make it legal! Kodak v Polaroid didn't find murder illegal, so I'm going to kill you...
Downloading is legal, always has been, and hopefully always will be.
Wrong. Neither "uploading" or "downloading" is mentioned by name in the US law [cornell.edu].
Re:Downloading music itself is not illegal... (Score:2)
Hmmm, I remember reading somewhere that downloading was considered by the courts to be copyright infringement. I admit I was using a possibly flawed memory by invoking Napster. Maybe I should dig around for it. ;)
An argument can be made that a download isn't copying, that the file has to be copied by the server and the client is just storing the copy it receives. An argument can also be made that the copy is made by the client, because the server is just reading the file like it would any other file. T
Re:Downloading music itself is not illegal... (Score:2)
Err, what I meant was "I remember reading somewhere that downloading was not considered by the courts..."
Sorry for the typo that totally changed the meaning of what I said. ;)
Re:Downloading music itself is not illegal... (Score:2, Informative)
Re:Downloading music itself is not illegal... (Score:2)
How is placing a file in a shared folder "copying"? What about if someone browses to it and sees it, but doesn't download it? How about if someone finds it, then, without my permission, DLs it?
Now, how about if the shared folder is a book shelf in a library, and the "copy" is them walking over to the copier and making a copy? It is illegal for libraries to haev copiers because someone may make an illegal copy? No. A
Re:Downloading music itself is not illegal... (Score:3)
Sources:
But guess what? Lets see EXACTLY what the US Copyright Office has to say about
Re:Downloading music itself is not illegal... (Score:3, Insightful)
Re:Downloading music itself is not illegal... (Score:2)
Ignoring your hostile tone, it's important to note that legality very much depends on where you live. In Canada, for example, it is quite legal to download music (if you don't share it) for personal use. Of course, the CIRA is trying to change that, but for now the court ruling stands.
Re:Downloading music itself is not illegal... (Score:2)
You can't download stuff you don't already "own". Whether you share it or not has nothing to do with the legality, though distributing copyrighted materials tends to get you in more trouble.
I'd like to follow up on this, please cite the relevant sections of copyright law.
Re:Downloading music itself is not illegal... (Score:2)
Sure, if you're in the USA. Look at the Copyright Act of 1976, section 106.
That means that without permission, making a copy of a protected work is illegal. When you download a file from someplace, you are making a copy of it on your own hard drive.
(If you upload a file somewhere,
Re:Downloading music itself is not illegal... (Score:2)
Don't blame me, I voted for Kodos.
Kodos the Executioner? That Kodos?
Re:Downloading music itself is not illegal... (Score:2)
If you have a collection of songs worth over $1000 that you didn't pay for, you've broken the law.
Look, I download songs, I have no moral problem with it. But it's illegal. Not likely to get you in trouble (like SHARRING said songs), but illegal nonetheless.
Re:Downloading music itself is not illegal... (Score:2)
Freedom is slavery.
Etc...
Re:Downloading music itself is not illegal... (Score:2, Informative)
Re:Downloading music itself is not illegal... (Score:5, Interesting)
Of course, both parts of that statement are, at best, half-true. Downloading copyrighted material may or may not be legal, depending on the will of the copyright holder. Same with making such material available on the internet. And generally, if sharing it is illegal, so is downloading it, which makes their statement wrong no matter how you look at it. Perhaps everyone should have to be educated on what you can and can't do within copyright law before they're allowed to touch a computer.
Re:Downloading music itself is not illegal... (Score:2)
Of course, both parts of that statement are, at best, half-true.
The second is completely true with a standard copyright (presuming they are referring to resharing downloaded material that you didn't have any rights to). The first is almost completely true as well. No one has *ever* been charged with downloading. Not one. Why? Because it is a gray area that the RIAA/MPAA doesn't want defined. It may or may not be illegal
Re:Downloading music itself is not illegal... (Score:2)
That is, if I rip my CD collection and share out the directory on Kazaa, then I've broken no current law or copyrig
Re:Downloading music itself is not illegal... (Score:2)
I do not have the cases handy. Before the MPAA/RIAA started spending millions to influence people, the questions were asked and answered for libraries. Making available a book and a copier is not making a copy. This is well established; witness that every library I've ever seen has a copier in it. I have seen more than one decision that refers back to libraries and the availability of tools to violate c
Re:Downloading music itself is not illegal... (Score:2)
AFAIK, IMNADL, the person who shares is guilty of illegal distribution, but the downloader isn't.
You can also legally copy library CD"s in the Netherlands, but copy protection is also legal.
"/Dread"
Re:Downloading music itself is not illegal... (Score:2)
No one was claiming otherwise. The point of the article was that the RIAA would like you to believe that downloading music, at all, is illegal.
Let's not forget that a lot of the anti-copyright sentiment around here magically disappears whenever we have a GPL violation article.
Slashdot is not a single entity. It is a community of people who each have their own opinions.
It is also entirely possible to s
Re:Downloading music itself is not illegal... (Score:2)
Or did RIAA just start telling people not to buy music from iTunes, et al, because they suddenly decided that they don't want the profits they're getting from downloaded music?
Re:Downloading music itself is not illegal... (Score:2)
I misspoke. I meant to use the term "file-sharing" rather than "downloading" although the article, and many other people, use the two interchangeably.
Or did RIAA just start telling people not to buy music from iTunes, et al, because they suddenly decided that they don't want the profits they're getting from dow
Re:Downloading music itself is not illegal... (Score:2)
both of you are suffering from a severe lack of reading comprehension. I will now exercise my fair use rights to quote from the article:
The first paragraph says:
The article goes on to say:
Re:Downloading music itself is not illegal... (Score:5, Insightful)
If you look closely, you'll see that most of the 'anti-copyright' sentiment around here is closer to '28 years only' copyright sentiment, dislike for RIAA tactics and their debatable legality, and dislike for the way that the United States tries to strongarm every nation in the world into abiding by the laws pushed through by American corporations.
Funny how none of those issues even relates to GPL violations.
Re:Downloading music itself is not illegal... (Score:2)
Re:Downloading music itself is not illegal... (Score:2)
Sure, why not? Code that old doesn't matter. When Caldera released the ancient Unix code, nobody started building new OSes based on it. Sure, you could create a closed-source version of GNU emacs starting from a version that doesn't support X or Windows or any sort of internationalization or most of the other
Re:Downloading music itself is not illegal... (Score:3, Informative)
Wait, so the sentiment around here, as you see it, is that sharing copyrighted materials is only ok if they're older than 28 years old, and I can develop a closed-source version of GNU emacs in 2012?
I took what he said to mean "Yes", in answer to your question. I would support what he said, as well.
You see, copyright is evil, in its most basic form. Its evil because it grants a Creator huge rights over the public, by giving the Creator a monopoly. This act of evilness is considered acceptable because
Re:Downloading music itself is not illegal... (Score:3, Interesting)
Re:Downloading music itself is not illegal... (Score:2, Insightful)
For example, p2p music/movie sharing is non-comercial copyright infringment, whereas GPL infringement is almost always for profit (I know of once case that wasn't, a version of the original Quake built on the GPLed source, the guy didn't release the code till it was out of beta). Commercial and non-commercial infringment are different i
Re:Downloading music itself is not illegal... (Score:3, Informative)
Ok, it's redundant, but to summarize other replies, it is absolutely legal in CA, NO, NL, BE, FR, CH, LU and probably many other european countries.
Re:Downloading music itself is not illegal... (Score:2)
I don't know that it's exactly the same sort of copyright discussion, though. Yes, I will grant you that there are some zealots on either side either screaming "copyrights aRe teh suck! everything got to be free!" or "obey the RIAA or die", but the more reasonable arguments I've heard against the current state of copyrights are made by people who don't like the fact that t
Re: (Score:3, Insightful)
Re:Downloading music itself is not illegal... (Score:2)
Re:Downloading music itself is not illegal... (Score:2)
I know, math is hard. But spreading out everyone else's bandwidth usage doesn't help me in any way.
Re:Downloading music itself is not illegal... (Score:2)
Excellent (Score:5, Insightful)
Its just a ploy ... (Score:5, Funny)
Re:Its just a ploy ... (Score:2)
Re:Its just a ploy ... (Score:3, Insightful)
In reality, they're just encouraging more folks to use BugMeNot... now available as a FireFox plugin as well.
We need more articles like this. (Score:5, Insightful)
The RIAA also has been quite effective in making it sound like the Internet and P2P will end music. The reality is it may put an end to the current music industry where profits are reaped at the artists' expense but those who are musically talented will continue to create new music. The most likely end result is an entirely new music distribution mechanism, one that pays the artists fairly. More and more bands are starting to offer Mp3s online, both for free and for small payments. The more people who know about this and start taking advantage of it, the quicker the current crooked practices of the music industry will fail. It might even lead to more good music being out there. :)
Re:We need more articles like this. (Score:4, Insightful)
Really the only p2p network that can truely tout a large legal userbase is Bittorrent, as its caught on with Linux Distributers and other such companies, but in the most part the vast experience you get is usage for illegal goods. Legal usage of P2P networks is much like a straight guy in a gay bar. Hes there for the drink and the music, but damn if he isnt in the minority.
Re:We need more articles like this. (Score:5, Insightful)
That is the crux of the matter. Ever since Napster the RIAA has doused the public with hundreds of stories, press releases, and all out rants that internet piracy is so out of control it will ultimately destroy their right to collect profit on the IP they hold.
The reality is that the threat to them is much broader than piracy, but they don't want to focus on that. There have been several university studies (I can't remember them specifically right now) that have indicated that P2P sharing has not had a huge impact on music sales. It seems that while some people do download things and never pay for them, others actually buy more music because of it. The reason for this is the broad distribution mechanism the internet offers artists outside of RIAA sanctioned radio.
Behind the scenes, I'm quite sure the RIAA isn't doing it all because they feel that Kazaa will ultimately cause them to go bankrupt. What they are really afraid of is permitting artists to see the potential of online music distribution. If that happens and the artists realize they can do just as well by going online and connecting directly to their fans and listening audience, then they will see a better alternative to the perennial shafting they inevitable receive from the RIAA. Once that occurs, the RIAA will become irrelevant and that's what they are deathly afraid of.
They're trying to turn back the clock by painting everything related to online music with the same brush. Let's hope it doesn't work.
Re:We need more articles like this. (Score:3, Interesting)
Induce (Score:3, Funny)
must
Wheres my Induce Act so I can sue these bastards for printing such an inducing article?
look out (Score:3, Funny)
Following the logic. (Score:5, Interesting)
DOWNLOADING music from the Internet is not illegal.
But that at least seems to be based on what is involved in the lawsuits and not purely on the law or so this next quote seems to say:
But the fine print of those lawsuits makes clear that fans are being sued not for downloading but for unauthorized distribution: leaving music in a shared folder for other peer-to-peer users to take.
I understand that the lawsuits have focused on people who have uploaded music and the conventional wisdom is that if you only download you won't get sued.
So, I am still confused and the article only confused me further
Cheers,
Erick
Re:Following the logic. (Score:2)
Re:Following the logic. (Score:4, Informative)
So, no it's not illegal to download copyrighted material from an unauthorized distributer. However, the distributer is infringing on someone else's copyrights, and there is definitely a moral dilemna in that you are helping to create a demand for the infringer's actions.
I don't think it will happen any time soon; however, there is always the possibility that Congress will change the law to include "contributing to infringement" as an offense as well, which could be construed as to include receiving nonauthorized distributions of materials.
Re:Following the logic. (Score:2)
This is the way I understand it (and I won't proclaim to be 100% correct, but if you follow my reasoning I think you'll agree with me here):
1: It is illegal to download copyrighted material (in the US) if you don't have a license to that material. In other words, if you already own that Weird Al CD, it's not illegal to download the songs off of that CD, but if you don't own the CD, it is illegal. The R
is it legal? (Score:2)
Yeah, it's legal, but is ain't a
hundred percent legal. I mean you
can't walk into a restaurant, roll
a joint, and start puffin' away.
You're only supposed to smoke in
your home or certain designated
places.
JULES
Those are hash bars?
VINCENT
Yeah, it breaks down like this:
it's legal to buy it, it's legal to
own it and, if you're the
proprietor of a hash bar, it's
legal to sell it. It's legal to
carry it, which doesn't really
matter 'cause -- get a load of this
-- if the cops stop you, it's
illegal for this to se
Re:Following the logic. (Score:2)
If you download and do not share, they will not sue you. They will most likely lose, so they don't want to try.
If you upload music you do have rights to, they will not sue. That is, if you rip your DVD collection and CD collection and put them in a shared folder, you are not breaking any copyright laws. You've made no illegal copies. If just making something available for copying was illegal, all libraries wou
It's not the computer that steals music... (Score:5, Insightful)
I bring this up only to point out how Congress reacts to these types of questions. That is, the means can be held accountable (i.e., gun registration, bans on some firearms). We could see uncontrolled filesharing networks banned based only on how the RIAA is framing the debate.
In other words... (Score:2)
Which is probably closer to the truth.
They'll take my computer from my cold dead... uh... lap
Re:It's not the computer that steals music... (Score:3, Funny)
Controlled/Monitored Networks (Score:3, Interesting)
But if they can monitor and control all media content on the wire ( or at least they believe they will ) then it will just push the 'criminals' top other means..
We all know banning something that has a criminal use does not reduce crime.. it only shifts crimes to other areas and methods. and restricts law abiding citizens from the 'something'...
Don't mind filesharing? (Score:4, Informative)
By JON PARELES
OWNLOADING music from the Internet is not illegal. Plenty of music available online is not just free but also easily available, legal and ? most important ? worth hearing.
That fact may come as a surprise after highly publicized lawsuits by the Recording Industry Association of America, representing major labels, against fans using peer-to-peer programs like Grokster and EDonkey to collect music on the Web. But the fine print of those lawsuits makes clear that fans are being sued not for downloading but for unauthorized distribution: leaving music in a shared folder for other peer-to-peer users to take. As copyright holders, the labels have the exclusive legal right to distribute the music recorded for them, even if technology now makes that right nearly impossible to enforce.
Recording companies have tried and failed to shut down decentralized file-sharing networks the way they closed the original Napster. (That name is now being used for a paid-download service.)
Courts have ruled that the services can continue because they are also used to exchange material that does not infringe on recording-company copyrights. At the same time, a bill before Congress, the Inducing Infringement of Copyrights Act of 2004, seeks to restrict the way file-sharing programs are constructed.
While the recording business litigates and lobbies over music being given away online, countless musicians are taking advantage of the Internet to get their music heard. They are betting that if they give away a song or two, they will build audiences, promote live shows and sell more recordings.
As with the rest of the free content on the Internet, there's no guaranteed quality control. Lucas Gonze, whose webjay.org lets music fans post playlists that connect to free music and video, describes free Internet music as "a flea market the size of Valhalla."
The first place to look for free music online is at musicians' own sites. Many performers, from Bob Dylan (www.bobdylan.com) to the Yeah Yeah Yeahs (www.yeahyeahyeahs.com), post hard-to-find songs for listening: some as free downloads, some as streaming audio (which can be recorded with a free program like StepVoice at www.stepvoice.com). A next place to look is the labels, particularly independent rock and electronic labels like Matador (www.matadorrecords
Many public radio stations also maintain music archives for streaming or downloading. Among them are the classical-music station WNYC (www
Following is a selection of sites offering free music online. Most of them are best used with a either a broadband connection or nearly infinite patience. While major-label recordings are largely (but not entirely) off limits, there's more than enough available music to satisfy every listener.
Epitonic
The first and best place to look for any band with an independent recording is www.epitonic.com, a superbly organized site that is likely to have music from nearly everyone heard on college radio. It includes not only downloadable songs but also biographical information and links for hundreds of acts, grouped under genres and subgenres. And it has an invaluable "Similar Artists" feature that can direct fans of one band to dozens of potential new favorites. Within Epitonic's huge roster is at least a song or two from some major-label acts, among them the New York band Secret Machines, the Texas band Sparta and the English bands Radiohead and Spiritualized. But independent bands
ipods and sneaker net (Score:2, Informative)
That alwasy seems to be the best method, and even thought the latency is bad, the bandwidth is unlimited
Try before you buy (Score:3, Informative)
Congress Call In Day (Score:5, Insightful)
NYT promotes the *opposite* of filesharing (Score:4, Informative)
Filesharing networks are full of hit songs which are unauthorized. Out on the public/stable web there's a huge amount of unknown stuff which is authorized. The trick with Webjay and other sources mentioned in the article is finding the few great songs in the whole sea of crud. If you can do that, you can have good music which the rights holder doesn't mind you having, though you usually have to give up on name brand musicians.
There's also some kind of Gnu-ish angle that I've never been able to articulate well... It's something like -- if you *choose* to listen to music that isn't from insane powermad label types, you get (more) liberty, and if you choose to listen to non-free music, you give up liberty. That's not quite right because almost none of this music is under a free or open license, though.
FWIW I'm the author of Webjay.org and was quoted in the story.
Re:NYT promotes the *opposite* of filesharing (Score:3, Informative)
That's not quite right because almost none of this music is under a free or open license, though.
Hmm... what does "almost none" mean in this context? When I still had the OMR [openmusicregistry.org] up and running, each of the hundreds of songs listed in it was under a very open license (the artist's choice from the Open Audio License or one of three similar licenses).
Excellent free music: (Score:2, Insightful)
Two Canadian websites you need to look at:
- http://www.newmusiccanada.com/
- http://www.cbcradio3.com/
Look at broken social scene, or the Unicorns, neat stuff like that. Have fun.
-chase
Save Betamax folks (Score:2)
#1 only one of these folks is my representive. #2 None of these folks are senators. #3 (and this is a nit) the formatting sucks.
Debbie Stabinaw (spelling) is one of the senate cosponsors of the Induce act and is one of my senators,
What Webjay's about (Score:2)
It's also become a bit of a bootleggers' haven [webjay.org]. There's plenty of weird stuff [webjay.org] for all to hear.
Downloading is not legal. (Score:3, Interesting)
While the lawsuits have to date focused on uploaders (unauthorized distributors), every U.S. court that's looked at P2P systems has held downloading to also be an infringement of an exclusive right (reproduction). See, for example:
"We agree that plaintiffs have shown that Napster users infringe at least two of the copyright holders' exclusive rights: the rights of reproduction, 106(1); and distribution, 106(3). Napster users who upload file names to the search index for others to copy violate plaintiffs' distribution rights. Napster users who download files containing copyrighted music violate plaintiffs' reproduction rights." A&M Records v. Napster, Inc., 239 F.3d 1004, 1014 (9th Cir., 2001).
"Just as in Napster, many of those who use Defendants' software do so to download copyrighted media files, including those owned by Plaintiffs, and thereby infringe Plaintiffs' rights of reproduction and distribution." MGM Studios, Inc. v. Grokster, Ltd., 259 F. Supp. 2d 1029, 1035 (C.D. Cal. 2003).
Did anyone ever stop to think about the different evidence problems in suing for downloading vs. suing for uploading? If you're uploading, I can come along and download from you, record the TCP/IP packets, and have enough to start the lawsuit process. But to go after you for downloading, I'd have to make the material available for you to download from me, which raises a bunch of hairy issues...
This is novel ground being tread. These are (AFAIK) the first end user P2P suits to hit the courts. I imagine the attorneys are being as pragmatic as possible, going for the cleanest targets and the low-hanging fruit first. Once a few of these have gone to trial (and assuming success), emboldened, I think you'll see downloading cases sooner than later.
Re:Consider the source (Score:4, Funny)
Re:Consider the source (Score:5, Insightful)
Actually you can hear a song for free in many other places (i.e. radio, TV). But how about this scenario:
No one downloads the song via P2P.
Radio plays it once. 10,000 people hear it.
Ten people buy it.
Instead of:
Million people download it via P2P.
Thousand people like it, so the they buy it.
Not to mention that it cost $100,000 to get it played on the radio in the first place.
Re:Consider the source (Score:3, Interesting)
True. But they do pay dearly for the priviledge. And only a small number of songs actually make it to radio play. See this Salon article [salon.com]
Instead they could get one million listeners for free, using P2P channels.
It does not make sense....
Re:Consider the source (Score:3, Informative)
Parent is informative. Under UK law the definition of theft is "Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it" and US law is basically the same. In the case of file sharing the property owner is not permanently deprived of their property therefore it's not theft.
I'm not an apologist for file sharers but
Re:Close. (Score:5, Interesting)
And I'll give them this: they should be terrified. They've milked a monopoly for decades and have forgotten how to compete, and now that they have competition they have no idea how to respond to it in an effective way.
Hint to the RIAA: suing your customers and bribing Congress to pass legislation aimed at peotecting your monopoly status is not an effective response...it tends to piss people off and then they tend not to buy your products.
Re:Close. (Score:2, Insightful)
The fact that people buy their crap doesn't make their gains "ill-gotten". And independent music won't be a "threat" to the RIAA as long as idiots sell their souls to the RIAA for promises of riches and fame.
"suing your customers ...it tends to piss people off and then they tend not to buy your products."
B
Re:come on... (Score:2)
I suppose the Moderation of "Troll" is accurate, but I'll give you a simple answer anyway: Buying music does not "support the artists" if the purchase is done through a corrupted industry where the artist will see only a tiny fraction (if anything) of the money.
Of course, artists receiving very little or none of the purchase price of a commercially-distributed CD is not an excuse for infringing copyright -- but it is a very good reason to listen to and support truly independent artists (by helping them bu
Re:come on... (Score:2)
It's times like this I wish the OMR had been more of a success (meaning, that I had more time and energy to make it so). Then again, 70,000+ downloads of independent artists' music isn't too shabby either.
What's the real holdup? You could start from scratch with the same code, just add a few things that require the musician to confirm the listing. Also, add some stuff that require the person submitting the listing to claim liability, so if you do get into any trouble you can push it off on the user that
Re:come on... (Score:2)
This is your answer [salon.com].
It's not a black and white issue about feeding the artists, or the artists want to make a living, or anything like that. The simple fact is that with a major label deal, a band still doesn't make any more money than they did before, and in many cases they wind up hugely in debt.
Very very few bands make any real money with the majors. If you actually care about the musicians, then supporting the RIAA members is supporting a system that preys upon the musicians as much as it preys upo
Re:The drug trafficer's road (Score:4, Insightful)
2) Of the illegal drugs sold around the U.S., much are sent through FedEx, UPS and like services. Should we shut down those companies because they facilitate the transport of illegal drugs? Because they are the "road" on which the drugs travel into cities?
The P2P filesharing "speech" (Score:4, Interesting)
As for the "drug trafficker's road", I can't agree with you. A road has only so much benefit for non-traffickers, but significant benefit for traffickers.
You point out that there are a great deal of illegal files on P2P networks. This is true, but consider why.
P2P filesharing does not inherently have any illegal characteristics. It is simply a transfer medium, much the same as the Internet is a transfer medium.
P2P filesharing systems almost always have two interesting characteristics:
(a) They provide resources for distributing a popular piece of data to grow almost without bound.
(b) They distribute costs of distribution of data across all consumers of that data.
Both of these characteristics are very valuable. The first tends to mean that the network does "more of what we want". It gives us the data we want without limitations based on how much bandwidth someone can get to distribute data. It means that I can create a rendered movie (a la Red versus Blue), post it to Slashdot, and *still* obtain the bandwidth necessary to distribute it -- I probably would not otherwise be able to do so. This is a case in which P2P filesharing has significantly allowed greater distribution of desired data.
The second means that there is a significant problem handled. We have no micropayment mechanism in place, so people are unwilling to pay for a file they download that might incur costs of half a cent in bandwidth. However, when millions of people download a file, they incur significant bandwidth costs. P2P filesharing provides an economic solution to this problem -- it has all consumers of the data automatically contribute to the cost of the data distribution. This is not a trivial problem to otherwise solve, and again provides significant benefits. It allows *anyone* to publish any amount of content, no matter how limited their means.
Now, you talk about illegality. Yes, this is true. However, consider why there are so many illegal files being traded. For a long time, it was kind of a pain to massively reproduce and distribute works. This let us create a mechanism for funding content production based on tying resource allocation to the content creator to the publication/distribution mechanism. We had big publishers spring up, take money for content creators, handle the difficult and expensive distribution, and then provide resources for the content creators to continue to create content. This worked very well for the era of books.
The problem is that P2P filesharing, very simply, makes it cheap and affordable for *anyone* to distribute data. There is a tremendous *demand* for copyrighted goods being distributed freely. P2P filesharing's solving of an economic problem and inherent efficiency make it much easier to supply any kind of content. Since supply is up and the demand for illegal content is so high (and not addressed by our existing distribution mechanisms -- on purpose), illegal content is currently the majority of the content on P2P filesharing networks. This isn't because of any inherent property of P2P filesharing -- it's just because that's what people want.
Now, you could ban it. You could say "This mechanism is so efficient and good that it allows people to do things that they couldn't do before. Our current system to fund content creation can't handle this. We're going to ban it." It does solve some social problems, but there are serious problems with banning such systems:
(a) We live in a global Internet. If some guy in Madagascar can create a P2P filesharing system, everyone can obtain it.
(b) Anonymous systems have nowhere near reached their full potential. As pressure against P2P filesharing users goes up, systems simply provide greater securi