Searching for Pro-Napster Experts and Speakers? 120
JLF asks: "I chair a local leadership seminar (Hugh O'Brian Youth Leadership) for high school Sophomores from Eastern Indiana where we try to introduce the students to a variety of viewpoints on several current events or issues. One issue we want to cover at this year's seminar is copyright law, and more specifically, Napster. I've done some research thru Google and found several leads for experts/speakers who are, for lack of a better term, anti-Napster, but I'm having trouble finding sources of pro-Napster sentiment who can make a strong point in favor of the file-trading that goes in through Napster. So I'm wondering if the Slashdot community might be able to suggest some places I could look for good arguments in favor of Napster ('good' as in it goes beyond the basic 'free music rulez!' argument), or even better, someone in the area (the seminar is being held at Ball State U. in Muncie, IN) who might be good to contact about speaking at the seminar. The format we use is very relaxed, each speaker gives a short (2-4 minute) intro about his-or-herself and then we open the floor up to questions from the students for about 45 minutes. Thanks!"
This is going to be hard to come by. (Score:1)
#2 no one is going to get up and say it is not.
#3 The only point you have it the record companies are big evil bastards, and we deserve the music for free because they bent us over for years.
#4 They need to find a better, cheap way to distribute music. Until they do I am going to pilage every thing I see.
Just because you don't like the way something works does not give you the right to steal it. If I lived by these ideas with everything outside of Napster I would run all the toll booths in New York because I think they have been binking me out of 6 bucks a day for years, and that is too much. Or I would copy DiabloII on my burner from a friend because I feel the price is too high. Better yet maybe I would steal out of the cash register at work because I think I am underpayed.
Grab a clue, and realize that Napster is just an easy way to steal music. Yea sure it has some good honest uses, and helps some people outside of just stealing music. Just call a spade a spade and say you rogued it, at least then your an honest thief.
Anonymous by Nature.
Here's one: (Score:1)
Just my take. I still pay for live music.
Steve Albini? (Score:1)
Re:What does pro-Napster really mean? (Score:1)
His views on Slashdot are very accurate IMHO (read: slightly condescending, sorry guys and gals) and he is not a "Information want to be free" loony. He knows the law and has a clear picture of how technologies like Napster, and the laws that regulate code, like the DMCA, fit in our society.
I'm sure he's not cheap, but the show is worth it. (Well for an IP lawyer anyways!
Re:What does pro-Napster really mean? (Score:1)
I don't have a serious problem with that - I find it impossible to believe that the current system of copyright laws is actually fulfilling its Constitutionally mandated function.
And remember, copyrights are only sensibly applicable to works that have been published - that is, deliberately made available to the public.
OTOH, I have an expectation of privacy regarding my personal information. Amazon may know what books I've bought from them, but I have never desired them to tell anyone else, for any reason. Only the government, armed with a warrant from a court with relevant jurisdiction ought to be able to violate that privacy.
Although I find them inelegant and would prefer to avoid them, double standards are perfectly reasonable, provided that they function to aid society, and do not impose harm on it. I don't know about you, but the society that I would like best relies chiefly on people, and imposes restrictions on the government, which in turn imposes restrictions on businesses.
It's important not to be wedded to any one system, but to instead favor a goal, though you still want to be careful about how you get there. Certainly if a decidedly better political system than our present one were devised, I'd want to implement it; if a better economic system than a carefully muzzled capitalism were thought up, I'd be all for it. I admit that we're doing okay, but we clearly have a lot of room for improvement, and my sympathies lie with living, breathing people more than anything else.
Re:What does pro-Napster really mean? (Score:1)
You may wish to check out the list of things that cannot be copyrighted: http://www.loc.gov/copyright/circs/circ1.html Remember of course, that Congress could eliminate copyrights on anything at all tomorrow if they wanted to. (through the normal process of lawmaking)
Besides which, if you hadn't noticed my
Re:"good" p2p? (Score:1)
I would be happy to give the artist the same amount without purchasing the CD, because it would save me money without shorting the artist. However, there will have to be a paradigm shift in distribution before this can happen.
Re:Anti-Trust morality reason (Score:1)
You talk about "the RIAA" as though they are one company. They are not. They are an industry lobby. They do actually compete with each other, and if one company can get rich at anothers expense, they will.
Of course, you could argue that they are some sort of collusive oligopoly, but the onus is upon you to show that (and indeed one doubts that an oligopoly containing so many companies would be viable).
Try fairtunes.org (Score:1)
At this link [fairtunes.com] there's a discussion of a pro-napster song that played on NPR. The author of "The Napster Rap" is Eric Schwartz [ericschwartz.com].
They also have a list of links [fairtunes.com] including "Recording Industry Math & Info" links and "Writings on voluntary payments/tipping".
--
Q: What do you get when a Postmodernist joins the Mafia?
Napster Defence Militia (Score:1)
Today I want to talk about piracy and music. What is piracy? Piracy is the act of stealing an artist's work without any intention of paying for it. I'm not talking about Napster-type software.
I'm talking about major label recording contracts.
A classic treatise from the e-pen of noted intellectual Courtney Love [salon.com].
If we make Napster-like free file sharing illegal, we'll have to rid ourselves of either computers or democracy.
You can't have both.
This one's from the heart of rock'n'roll [advanced.org]'s Mr Wild, Jared Lanier [discover.com].
I doubt Love would get out of bed for less than a Hollywood ransom and a noseful of gak. Might luck out with Lanier, though, if you can contact him in Virtuality before the imminent Eighties revival kicks in [bbc.co.uk].
Damn, (Score:1)
Good pro-napster rants (Score:1)
and
http://www.osopinion.com/Opinions/Wes/Wes1.html
Record Labels (Score:1)
Re:Fred (Score:1)
I suspect that he's a screaming idiot who was lucky enough to get a ton of money for screaming his guts out into a slobber-soaked microphone. He probably spends most of his money on drugs and booze, now that's business!
I know someone ... (Score:1)
Oh damn.
When I was a sophomore........ (Score:1)
I'm not an expert but... (Score:1)
http://www.mode-x.com/articles.misc.php?target=
Also Courtney Love had a pretty interesting Salon.com piece a while ago:
http://www.salon.com/tech/feature/2000/06/14/lo
It's pretty good, and if she's not an "expert", at least she's someone in the industry
Daniel
Orinn Hatch (Score:1)
(he was running for president, and has spoken, if not favorably of napster, at least in defense of the principles are are being broken in prosecuting it)
Should be easy (Score:1)
The bigger problem, is more to find someone who isnt too farfetched. It has always been a problem for interlectuals that a majority of them are extremely leftwing.
Look for someone who understands economics!
A law librarian (Score:1)
Liza
Prof. Peter Jaszi, Washington College of Law (Score:1)
http://www.wcl.american.edu/pub/faculty/jaszi/b
If not anyone from the digital freedom coalition.
Usually defined as "maximalist" or "minimalist" (Score:1)
The minimalist camp takes a more restrictive (some would argue traditional) view of scope of rights protected under copyright. The minimalist camp is more sensitive to the public interest in discussions of copyright jurisprudence. You might say they are the "pro-napster" club.
The maximalist camp promotes expansions of scope of rights for copyright holders. The maximalists are who you will identify as the "anti-napster" club.
Some people who have written alot in this area are Pam Samuelson
Some reading on copyright positions max/minamalist (Score:1)
Pam Samuelson who heads the Berkeley Center for Law & Technology and Peter Jaszi, head of American University's IP Program and Clinic are both well published on this subject.
This article will discuss how traditional copyright jurisprudence is butting heads against new maximalist doctrines. See Peter A. Jaszi, Goodbye to All That--A Reluctant (and Perhaps Premature) Adieu to a Constitutionally-Grounded Discourse of Public Interest in Copyright Law, 29 Vand. J. Transnat'l L. 595 (1996).
This article discusses the different positions playing out in the TRIPS and WIPO Copyright treaty negotiations. See Pamela Samuelson, The U.S. Digital Agenda at WIPO, 37 Va. J. Int'l L. 369, 374 & 375 n.39 (1997).
Re:This is going to be hard to come by. (Score:1)
No, it's not. You should read about zero-sum games.
"#2 no one is going to get up and say it is not."
*stands up*
It's not theft. It's copyright violation. I'll tell that to anyone.
*sits down*
"#3 The only point you have it the record companies are big evil bastards, and we deserve the music for free because they bent us over for years."
No, we deserve the music for free (beer) because it is the nature of the price of anything that can be copied infinitely to approach zero.
We deserve the music for free (speech) because it is the nature of music to be free and it is only recently, with the rise of the corporate police state, that it has been any different.
"#4 They need to find a better, cheap way to distribute music. Until they do I am going to pilage every thing I see."
Not pillage, not pirate, not steal. Violation of copyright. There's a world of difference there. If you want to convince anyone, get your definitions straight. You use words like theft and pillage because you want to make people get emotional and angry at Napster users. That's a Big Lie, and I'm calling you on it.
You call copyright violation pillaging, piracy, and theft. You, Sir Coward, are a liar.
Re:Honestly... (Score:1)
=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=
Re:Look at... Napster! (Score:1)
As others have pointed out, you have to decide whether you want to promote Napster for the community-building (copyright be damned) or point to the "substantial non-infringing uses."
And as for Napster defending itself--I don't know whether the students will care about the detailed legal arguments, but I have to admit I haven't been wildly impressed by the defense arguments in the couple briefs I've seen. Napster can't win while fighting on enemy territory. Fair use does not mean the right to distribute material indiscriminately to strangers all around the globe, as socially valuable as that may be.
Re:Look at... Napster! (Score:1)
Napster is a centralized search index that indexes a distributed database of mp3s. Gnutella is a distributed search index that indexes a distributed database of files. They are both peer to peer because they allow anyone with a client to both download and upload material.
Peer to peer and broadcast are methods of distribution. Centralized and distributed are types of network topologies.
Re:"good" p2p? (Score:1)
what http://mp3.com can't do is tell a user which kind music they might like, you simply have to pick a category then "throw darts" until you get a hit
on the other side of the coin, if you find someone with similar tastes in music (ala napster or some-other-sharing method) there's a pretty good chance they've already found some tunes that you can get into.
_f
My thoughts. (Score:1)
Privacy vs. Piracy, Napster and More [neotope.com]
If you are to actually read what I have to say, start with the bottom (the older comments; each is labeled by a header/separator/title thingy. I don't think that what I said would be of any particular use, but if it is, I'd love it if someone told me. :-)
Also, the rest of my writings on a variety of other matters can be found here [neotope.com], so feel free to peruse. Don't feel obligated.
Official pro/anti-napster band list (Score:1)
So any famous artist on the pro-napster side would be a good choice in your case. Notice the pro-napster list is about twice as long as the anti-napster list, though i suspect some bias there :-)
You left out. (Score:1)
The issue is not Napster being bad, but of having a requirement of the tool checking for permission before any data is shared. Does the telephone check to see if you have permission to call a particular person before you are allowed to dial the number?
Where to go to find Pro Napster Opinion (Score:1)
The other group of people who you might want to check in with are those who hate the RIAA. I know, it's an "enemy of my enemy" thing, but maybe try a site like http://www.boycott-riaa.com.
Finally there's the obvious place to check. Call Napster and ask their legal team for pointers.
Re:No Pro-Napster Intelligentia? (Score:1)
articulate speaker on the subject of p2 (Score:1)
Prince (Score:1)
The Offspring had that napster tour, and Radiohead has announced their support of what Napster has done for their fans and their popularity.
Re:Lars Ulrich (Score:1)
Re:"good" p2p? (Score:1)
I think you're taking an overly narrow view of Napster. While it's true that you've got the search engine, you can still browse through everything that a person is sharing. While arbitrarily viewing random shares might not be a very effective way to find stuff, looking for other files shared by someone who already had music that you like is a good way to find something similar but different.
The Gray Area (Score:1)
Re:I'd also like to hire someone to agree with me (Score:1)
I've thought about this subject quite a bit lately, and the one thought that just can't slip past my mind is this:
How do we define, exactly, fair use for IP?
The real question is where do we draw the line. I will cover music, as music is most revelent to the Napster discussion. Truth be told at this point, I don't have an view on Napster yet, although I think I might by the time this is done.
Everyone here can agree on the two extremes: 1. Copying music onto new CD's and selling them on the street corners is wrong. 2. Listening to music by yourself in your own home using a player the recording company approved is ok. If we stretch downward from point one, most of us can agree that selling the CD's online, or even passing out free physical CD's is not ok either. I would go to say that 99% of us here would agree that actively distrubuting someone else's IP in any form (phsical media or digital), for pay or free, wholy intact is wrong. I guess the big question here is do whole songs constute enough to be a violation? I will pause there and give you a moment to think about it while I make a few more comments on the other end of the spectrum.
Notice that I mentioned 1. alone 2. in your own house, and 3. on an approved player under the 'ok' catagory. Why? if you remove any one of the three, some people will disagree with the 'ok-ness' of the action. An approved player is a large portion of this argument. Theroretically, I could use DeCSS to rip movies to my hard drive or MP3 to rip audio and simply listen to the tracks or watch the movies by myself at home. (Before anyone scoffs, I have an impressive MP3 collection of all the CD's I own that isn't shared with anyone.) The problem with this is the RIAA will bitch about 'potential infringement' that I could incur. I think it's a bunch of bullcrap, but it is the way society is allowing itself to be lead. On to the next point, not listening to a CD at home is, technically, illegal. If an artist wanted to get nit-picky, Lars could bust somone crusing down the freeway with the windows down and "Sandman" blasting for unlicensed public performance. Yes, IANAL, but think about that and any movie-and-food parties you had at school. Again, the teachers could of technically been busted, but charges are almost never pressed. Lastly, you must listen by yourself. The reason behind this is YOU have purcased the CD, not your wife, not your brother, and not your friend. While I'm sure fair use entitles you to loan the CD to them (not for long, however, I'm sure the RIAA will go after that next), we can't say for ceritian that it allows anyone other than one person to use it at once. If it does, where is the line drawn? Can you and your family listen? Can your 10 person get together listen? Can your 100 person wild party listen? Can your 1000 person rave listen? That line is a whole other long covluted post from yours truely.
Summing that up, we have a WORLD of Grey area inbetween the two endpoints. Napster falls solidly within those bounds. So if you choose (as your post would seem to imply) that anything within the grey area is bad, remember this post next time you're at a party and they play a CD you don't own you wicked nasty person you.
Ugh... I was about to start talking about resale of used CD's, and then expand that into the question of "can I resale one track off of this CD?" but I realized whole books can and probally have been writen about this subject. And when you find that book, remember not to Xerox it, ok?
Anyways guys, the reason I went so extreme on the 'ok' end is because I want you all to do one thing: learn what your rights are. That way you're more pissed when they are taken away.
--Demonspawn
Kant speel, don't care.
Re:What does pro-Napster really mean? (Score:1)
How is Napster supposed to determine who the copyright holder really is on the files that are submitted to them?
Thousands of songs are written everyday by musicians who don't have the time or resources to formally register copyright on their works. Should Napster refuse to allow trading of any of this music?
What if I burn a copy of a Metallica CD, give my own titles to all the songs, and claim that I own the copyright? How will Napster check?
Opt-in is impossible.
Use their own words against them (Score:1)
Re:I'll speak. (Score:1)
Napster is being accused of Contributory Infringement, not direct infringement and neither Napster nor the Napster user are actively distributing the copyrighted material.
Simply having the songs on your harddrive is NOT illegal since you may own the CD and ripped them so that you could listen to the music while using the CD-ROM drive for something else. Nor are you required to place those mp3s in any specific directory so, if you want you can put them into your 'Napster Download' directory and still not be breaking any law.
Re:You're speaking hypothetically. (Score:1)
The Napster program was designed to take advantage of this (that people would want to keep their music in one place) and lists those files it finds as available.
Now, if you want to police potential infringers, just abort any transfers and you are, in effect, preventing any infringement.
Again, simply having those songs, in that directory, doesn't make you liable for even Contributory Infringement. They would have to prove that you facilitated people to download from your computer, which they might be able to do for Napster, but I certainly hope they couldn't prove such a thing for an individual Napster user.
One name that comes to mind... (Score:1)
Search in Slashdot (Score:1)
I think the best place to search for pro-Napster (and anti-Napster) [slashdot.org] info is Slashdot.
From Slashdot stories I could remember two articles :
I'd also like to hire someone to agree with me (Score:1)
Also, when I said "hire" I didn't mean "pay." If we had money, we wouldn't need Napster.
Some may say this is intellectually bankrupt. But like most Americans, Of the six hundred posts on /., I'm only going to remember the one person who agreed with me. So, why not streamline the process?
If you find some hot-shot pro-Napster speaker, Let me know. [ridiculopathy.com]
Bring the noise... (Score:1)
Check out article at OnAmerica.com (Score:1)
Re:No Pro-Napster Intelligentia? (Score:1)
there's no Pro-Napster speakers that will talk about Napster because they all either: A) believe that INFORMATION WANTS TO BE FREE AND ALL IP SHOULD BE FREE, or B) are teenagers getting the latest SNOOP DOGG or whoever the hell is flavor or the week.
I'd advise you to look for Freenet speakers -- it's a much less "HIP" movement, perhaps, but a noble cause.
fisfhcuwerk.
Re:In Defense of Napster (Score:1)
or maybe they're just too fucking cheap to buy a cd.
fisfhceurkl.
MUSICIANS ARE ALL ROCK STARS. (Score:1)
I'm glad you still pay for live music, but I'm guessing if you could figure out how NOT TO, you wouldn't.
fishfucekr.
just be frank, cop to theft -- don't hide it behind the same fucking MR.INTEGRITY scheme that 95% of slashdot users promote.
blrag.. (Score:1)
fisfhcuerk.
at least, i hope not.
Re:Should be easy (Score:1)
- Ordinarius
Napster is still alive? (Score:1)
Re:I'd also like to hire someone to agree with me (Score:1)
And in the first case, I'm not arguing whether the product was freely available at Walmart down the street. The simple fact is that theft is theft. Justify it all you want, but that's how it boils down in the end. Metallica owns the rights to their music (or at least their recording company does). They, and only they, have the right to determine methods of distribution. If Walmart gives the albums away, it's Walmart's loss. If you steal it, you're a criminal. Where's the gray area here?
Re:I'd also like to hire someone to agree with me (Score:1)
"If we had money, we wouldn't need Napster"? So you do admit it's theft... And yes, it is stealing even if it can be copied. In fact, if you read just about ANY copyright issue posted on this site, you should know a little something about the DMCA...
Allow me to submit the following questions to you:
1. If you walk into a convenience store, and there's no clerk and no electronic surveillance, is it wrong to steal product off the shelves?
2. Say you buy a CD (assume you have $16) and find out your friends want copies. Is it illegal to burn copies for them?
I'll give you a hint. The answer is the same for both. The whole debate stems around whether you (or society as a whole) say yes or no. I personally think it is wrong, both morally and legally. Morally for your cherished reasons, and legally for Mr. Ulrich's rights to a paycheck. But for the love of [your deity here], at least have intelligent reasons for supporting the software.
I'm not looking for a flame-war. It would just please me to no end to hear exactly what the original author was looking for: viewpoints supporting Napster beyond "Free music rulez!!".
And I think major acts are the better source. So far I've heard hundreds of people say that local bands benefit from Napster, but I've never heard that from any of the musicians I know. I would contact Radiohead's label. I seem to recall them releasing all of Kid A digitally.
Re:I'd also like to hire someone to agree with me (Score:1)
I don't think (bearing in mind I'm not a lawyer) playing a CD in your car is really a violation, as the intended audience is still within the private spectrum. Obviously people could stand outside the windows of your home and listen to your music if they wanted--incidentals cannot be averted or necessarily challenged. A car is not really a public broadcast unless you go to a block party, open the doors and hatch-back, and use the car for your "system".
I remember at college we had a list posted on the side of the TV in the lounge. That list contained the names of all movies the college had bought the rights to have publicly displayed on campus. Any other movies, even if rented or owned by the residents, could only be watched within the resident's dorm room, or the college would (could) be sued.
Now turn back to the early 1990's. The days when sampling was just becoming the "big thing" in music. Remember Vanilla Ice. Remember the Beastie Boys. They, and countless others, got sued by their samplees for copyright infringement for not getting the rights to portions of songs. Barely even fragments. And if you'll recall, most of the plaintiffs won. Any recording, be it a second, a minute, or an hour, if copyrighted, is fully covered by copyright laws.
To return to my original topic, I stated that incidentals are just that, and cannot be necessarily challenged. This winds up being the chief argument for unbridled P2P file sharing (at least among the more intelligent). "You can't try to filter the bad out of a situation without negatively impacting the good." Well, that's true. Therefore I would agree that other systems, those designed for the public sharing of other media formats (ie, term papers, research, art-work that is not copyrighted, etc) are perfectly fine, and that abridging their services does adversely affect our ability to share freely with each other.
Napster is not one of these services. Napster was designed with one and only one intention: to FREELY distribute music files. Well, here's a secret: most music is copyrighted. Ergo: Napster was designed to allow ordinary people to easily break the law. Sort of like designing attractive, plush hand-grenades for babies
Hotline (though now over-run with porn, mp3's, and all sorts of other copyrighted stuff) was originally designed for the very good purpose of allowing exactly the type of P2P (sort of) file sharing that I support. It housed discussions on popular subjects, was a huge source of information on all sorts of special interests, and a good distribution method for all of those great humorous things we remember (the Troops video, the guy smashing his monitor with his keyboard, and my favorite: the 4 guys in bandanas beating the shit out of a Wintel box with baseball bats) from the internet of yore. To abridge such a system, even with its illegal content, would be to restrict the free flow of ideas, inspirations, and liberties of those who use the system legally.
So for now, I say: Napster bad! Hotline, eh... was pretty cool. Artists who freely distribute their own music digitally to their fans (Curve, Radiohead, Primus) rule. They've embraced the technology responsibly, and encourage fans to do so, too. So there. That's all I have to say about that. Jenny.
Re:I could do it.... (Score:2)
I'm looking for someone to teach my young students that thievery is OK, but I'm having a hard time finding anyone. Can you help?
Thx,
Miss Ing ThePoint
Re:What does pro-Napster really mean? (Score:2)
Problem is, there are effective ways to prevent misuse of Napster. The most obvious is to make it an opt-in system, rather than an opt-out: prevent Napster from being able to redistribute any mp3's which have not been submitted by their copyright holders. The search engine can verify this by checksumming the mp3 files, and the Napster company can be responsible for obtaining redistributable copies of mp3's from the people who are allowed to give them out.
I just find it interesting that people yell and scream that copyrighted information should be freely redistributable, but then they also yell and scream that personal information must not be freely distributed, for 'privacy' reasons. They're saying that they should have the right to enjoy (without cost) the music/software/book I created, but I shouldn't be able to collect information about their email addresses, their spending habits, their family income, or how many children they have in the house.
Re:What does pro-Napster really mean? (Score:2)
How is napster supposed to know who is the copyright holder of any given work to submit it in the first place? They can't possibly have a person deal with every file that's proposed, so this has to be done in an automated way. If I want to allow my work to be distributed over Napster, and I send them a checksum and say "Let MP3 files matching this checksum pass" how are they going to know that I actually hold the copyright for that work?
Further, checksumming doesn't really work anyway because any change to the file, such as a bit-rate conversion, will break the checksum. If I want to allow people to covert my file to a 64kbit stream, or Vorbis, do I have to provide a checksum for every legal variant? Moreover, Napster, Inc's servers can't possibly checksum the files, because the actual files never pass through the central servers. The servers's get information from the client software. So the client would have to checksum the files. How long do you think it would take before people altered the clients to provide fake checksums?
I really think that this problem is a lot harder than you might initially imagine.
For a more thorough discussion of the issue, here's a comment I wrote a while back on this basic problem, on the afore-metnioned GigaLaw mailing list.:
http://gigalaw.com/archives/0103/gigalaw-discus
**
The short answer is that there is no reliable way to identify an MP3 other than
having someone listen to it. This goes double for services like Napster which
never handle the MP3s themselves and have to rely on user-supplied data.
As I've mentioned in previous posts, filtering by name won't work. Other
solutions fare no better. Here's the long answer:
There are mechanisms which make is possible to identify CDs and MP3 files, but
they're all voluntary. CDs contain a serial number and a table of contents,
which lets you look up CD information in a database called CDDB (for CD
DataBase). This is how a lot of modern computer CD players get the song titles
and such. MP3 files allow what are commonly called "ID3 tags". They are just
a chunk of the file which is set aside for text, so that information about the
file can be stored there. This ID3 information is generally filled in by the
person who created the MP3, but it can be changed later by anyone who wants to.
These features are very useful for legitimate users: For example, I encode my
CDs into MP3 format so that I can listen to them on my computer and with a
portable MP3 player. The software I use reads the serial number off the CD,
gets information from the CDDB database, and then sets the ID3 tags
accordingly. That way, each MP3 is tagged with the title, artist, and album.
Unfortunately, these features are useless from a copyright enforcement
standpoint because they are controlled by the user. There's no way to make
someone set the ID3 tags correctly, so you cannot rely on their accuracy.
The concept of a hash code is very much like a fingerprint. Hash codes let you
take a file and produce a number that uniquely identifies the file. This
number can then be used to verify whether that the file hasn't been modified,
or to check other files and see if they're the same. Much like a fingerprint,
there's not an 100% guarantee that two files with the same has code are the
same file, but the odds are billions to one against any given two different
files having the same hash code. Theoretically the RIAA could give Napster a
list of hash values for every illegal MP3, and then Napster could detect it any
time one of those files was sent. Unfortunately, this doesn't work in
practice. The strength of hash codes is also a weakness in this instance: If
you change a file in any way, you totally change its hash code. This is good
for detecting tampering, but bad for identifying MP3s. There are inummerable
changes an infringer could make to an MP3 file which would not alter it in any
meaningful way, but still change the hash code.
There is a company called eTantrum, Inc (www.etantrum.com) which has developed
a technique for identifying music based on its audio characteristics, which
should be independent of the file format or other easily-altered features. If
it works as intended, it could be used to identify songs, which is what the
RIAA would like. It is, however, open to question how well it actually works.
Even if it does work, it could still be easily defeated: Currently, Napster
acts as a search engine and broker, matching people who want a given song with
people who have it. The file is then transferred between the users themselves.
Thus, Napster never sees the MP3s themselves and has to trust the users to
supply accurate information. Needless to say, users wishing to transfer
infringing information would provide incorrect data.
Useful references:
Audio CD format-
http://www.disctronics.co.uk/cdref/cdbasics/cdb
MP3 files and ID3 tagging-
http://webhome.idirect.com/~nuzhathl/mp3-faq.ht
Hash codes-
http://www.thawte.com/support/crypto/hash.html
The (in)feasibility of copy protection and water-marking-
http://www.counterpane.com/crypto-gram-0011.htm
http://www.counterpane.com/crypto-gram-9811.htm
http://www.counterpane.com/crypto-gram-0102.htm
eTantrum's MusicID -
http://www.etantrum.com/index.php?section=techn
**
This was in response to :
**
Thus spake Doug Isenberg (disenberg@GigaLaw.com):
OK, now that the district court issued its injunction against Napster, we
know that the service will be required to block the transmission of MP3
files where the file names match those provided by the music industry
plaintiffs. I still think this is a far-from-foolproof solution and will
allow many songs to slip through.
I've been told that songs on CDs are encoded with a unique "hash" code and
that the code could be used to identify files. I'm trying to understand
this technology better and admit the preceding sentence may not be
technically accurate! Can anyone comment on this and/or provide resources
for background on the technology?
Doug Isenberg, Esq.
Editor & Publisher, GigaLaw.com (http://www.GigaLaw.com)
What does pro-Napster really mean? (Score:2)
Or, you can believe that there are some legitimate uses of file-sharing as well as illegitimate ones, and that there's no effective way to prevent the bad uses without unacceptably interfering with the good ones. Under this logic, Napster, Inc. should not be restricted, but law enforcement and copyright-holders have every right to go after people who are misusing Napster. You can probably find a lot of people to support the latter position. Search the web for recent comments from Lawrence Lessig, for example. Lessig is associated with Harvard Law School, and is the former chair of the Berkman Center for Internet and Society there.
Also look at the archives of the GigaLaw mailing list at gigalaw.com for a lot of discussion of this issue by people more qualified than myself.
Re:A recent example (Score:2)
"Piracy is the act of stealing an artist's work without any intention of paying for it.
I'm not talking about Napster-type software.
I'm talking about major label recording contracts. "
Re:A pro-Napster artist? (Score:2)
He spent a bit of time trying to illustrate how it's not the artists who are being hurt by Naspter - the artists already got burned by the Record Companies. If you want to get this kind of message across, Prince or one of his entourage may be willing to speak.
Re:A pro-Napster artist? (Score:2)
Who knows? What is undeniably true, however, is that she cribbed most of that speech from Steve Albini's "The Problem With Music," originally published in Maximum Rock and Roll in 1994, IIRC.
You're right on the money about Metallica, too. If people actually read what Ulrich said, he makes a lot of intelligent, reasoned points that the pro-Napster crowd just ignores.
Peace,
(jfb)
"The Problem With Music" (Score:2)
http://www.negativland.com/albini.html
And it was published in The Baffler, rather than MRR.
HTH,
(jfb)
Re:A pro-Napster artist? (Score:2)
a good analyst (Score:2)
Re:You're speaking hypothetically. (Score:2)
1) You are using napster to acquire software by unlawful means.
2) By your own admission, you KNOW anyone can come and copy the music you have already downloaded. This is distribution, my friend. You are making the material available to people for download.
The Napster program was designed *To help people trade mp3*, and the Napster company was formed because doing so was thought (Rightly so) to be wildly popular.
I doubt they would ever sue an individual napster user, you are right. But the piont here is that, regardless of how you want to micro-analyze what individual users do, Napster is in business to help people illegally distribute music. Trying to deny that is SILLY.
Tell me this. Are you trying to say that, in the use of napster, no crimes have been comitted, no copyrights have been violated, and nobody has done anything the least bit illegal? If not, who HAS done something illegal?
You're speaking hypothetically. (Score:2)
But you KNOW you are sharing them with people, you are specifically using napster to MAKE them available to other napster users. It's silly to argue that you 'aren't doing anything wrong'.
You having the mp3's is not illegal. You spreading them around without the permission of the copyright holder IS.
Napster is being accused of contributory infringement because their business, as I explained, is based on HELPING PEOPLE SHARE mp3, knowing that it will be wildly popular because people will use it to illegally pirate music.
Napster users *are* directly distributing the material. it's just like if they had a store selling pirated CD's of popular tunes, and it was free. People who took the time could come in , browse, and just grab what they want.
I'll speak. (Score:2)
Should Napster be allowed? no. Why? Because.
Napster is a company. Napster is in business (initially) to attract a large userbase, to make money off those users using napster, probably by advertising.
Napster, the company, KNEW they would be popular because tom, dick, and harry would use their service to pirate music (something illegal).
Therefore, Napster, the company, has a business based primarily on helping people do something illegal.
Now.. can people do it anyway? Yes. Should all file-sharing software be illegal? But napster is more than software, it's a company and a service, that exists to help people break the law. This cannot be argued; yes people CAN use it for other things, but that's not why Napster, the company, exists.
Let's all remember; if you are making copyrighted music available to others online, you *ARE* breaking the law, regardles of how rediculous we all think it is. I'm not saying don't do it; I'd be a hypocrite if I did... but let's not get carried away.
Should people be able to share data with each other? Sure. Should you be able to make money of helping them to do it? Sure. Should your business be permitted to succeed by helping people do something illegal? No.
Trial? (Score:2)
Re:No Pro-Napster Intelligentia? (Score:2)
Second, I've used Napster maybe twice. I'm a Gnutella man, because sometimes you just want video to go with your audio
Third, I'm a buyer of CDs, movies, etc. in what I suspect is average perportion and magnitude.
Gnutella, Napster and the rest just extend the ways that we have to share our music with others. Before these services, I was ripping my music and putting it on my web site. Not because I wanted people to "steal" it, but because I wanted to promote what I thought was good music. I wanted to share with others. I would go to friends and as: have you ever heard The Raven by The Alan Parsons Project? No? Here, let me give you a URL.
I've never offered non-original content up over Gnutella or Napster (except insofar as my gnut client will offer up a "cache"), but that's only because I've been too busy, and/or too lazy.
A tip.. (Score:2)
Peer-to-peer is one thing. Peer to corporation to peer is another.
Jessica Litman's _Digital Copyright_ (Score:2)
Someone said Chuck D... (Score:2)
Re:This is going to be hard to come by. (Score:2)
> What kind of h0r$e$h!t is that? I love music of all kinds. I listen to as much as I can. I respect the musicians who work hard to create it. And I believe in compensating them for it, not turning around and telling them that I shouldn't pay them because, hey, it's the nature of music to be free.
Music has always been free up until the last century or so. That's what I'm talking about by the nature of music.
I respect musicians as well as all artists, too. I believe in supporting them, and I believe we should all support them: voluntarily, not by force. I simply don't believe they should be able to use force to extract support out of people.
I don't like Napster, either, btw. I think it's a company run by a bunch of spoiled, selfish people who got together to hurt the record industry. I also happen to think the record industry is controlled by spoiled, selfish people.
But how can I have anything against Napster users? What were they doing that they couldn't have done at the library, or by listening to the radio? Or for that matter, by bootlegging tapes? What makes those things not-so-bad and suddenly Napster is evil?
I've spend months at libraries, reading books for free that I never intended to buy. I suppose you're going to tell me I'm a book pirate. Not that it matters that I buy books very frequently now.
"good" p2p? (Score:2)
Fred (Score:2)
*If* you could get him to come and speak, you'd have an unforgettable event. (And I say that in a good way -- I'm a big fan of LB and suspect Durst [like Mick Jagger] is a super-savvy businessman.)
I think, though, you'll have to recast your wanting a "pro-Napster" speaker into something like "pro-Fair Use" or "pro-File Sharing" or "pro-P2P". In fact, you'd do your students more good (IMHO) if you look for critics of (but not apologists for) current "intellectual property" law. Folks who might shed some light on "Fair use", "Intellectual Property", and "Public Domain".
Even a constitutional expert versed in "copyright" would be a valuable speaker. (Just make sure they're not on the RIAA's tab.)
It'll be very difficult to find someone who will side unconditionally and uncritically with Napster (a corporation, remember!).
Re:"good" p2p? (Score:2)
Not at all. At least most of the bands I found on mp3.com even put up links to their favourites on mp3.com. And the genres-organization also work relatively ok, albeit on a broader scale.
But sure, some extra sort of community sense on mp3.com would be helpful. Amazon.com's customer reviews and recommendation system might be a good idea, it seems to work surprisingly good for finding stuff I like (actually, it's often working so good that there are hardly any surprises, I often already own the stuff it recommends to me).
if you find a tune on napster, the person who dug that up often has some other tracks which may fit your tastes.
Also true, and perhaps part of the reason why I still use napster. The ability to browse other users files and find weird stuff you like is invaluable for finding new gems. But it is just as much guessing and pointing in the dark as it is on mp3.com. So this user liked artist X, cool! Let's see, he shares 2000 files, maybe one of those is something I like as well?
Bottom line: Napster is cool, mp3.com is cool, but there is room for both, and there is room for more. And there are room for others: musiccity's morpheus is much more pleasurable to use than napster (killer feature: download from more than one source to speed up downloads, and make sure you get a complete file even if user logs off). But you can't browse users files anymore, so finding new stuff is more difficult. I simply want them all!
Honestly... (Score:2)
I would estimate that close to 90% of all Open Source advocates are also advocates of private file-sharing (which Napster facilitates).
So, to answer your question, find the biggest name in the GNU world and they will probably gladly present their ideas to you and your fellow members.
But, as I know from being the Chairman of my university's ACM Chapter, you must have everything planned out perfectly for them to visit. They will generally tell you exactly what they expect (transportation, meals, hotel, etc.) however, so that's as good as it gets. <whisper> Eric S. Raymond is very picky, and can be downright rude <whisper>
Re:I could do it.... (Score:2)
I'm looking for someone to teach my young students that independant and radical thought on issues with strong corporate and governmental ramifications is ok in this country, but I'm having a hard time finding anyone willing to speak up because they just get flamed out of existence. Can you help?
I heard the US government was created based on the radical and independant ideas of some dissenters. Am I wrong? Or did you guys throw all that tea away for fun?
I've also been looking for help on teaching ACs the use of a dictionary. dictionary.com says:
thievery: The act or practice of thieving.
thieve: To take (something) by theft or commit theft.
theft: The act or an instance of stealing; larceny.
larceny: The unlawful taking and removing of another's personal property with the intent of permanently depriving the owner; theft.
Unfortunately, unauthorised duplication does not result in the deprivation of the owner of their personal property. Please use the words "unauthorised copying" or "unauthorised duplication" instead when referring to illicit copying.
Please post answers.
Thx.
Pro-Theft (Score:2)
I think that about covers the pro-Napster arguments.
I could fill a page about the advantages a micro-payment version of Napster where the money goes to the artists (with a cut - just a cut - to the service).
As it stands Napster is a waste of bandwidth and the sooner it's shut down the better.
TWW
In Defense of Napster (Score:2)
The ability to find files on other people's computers and to download those files is nobody else's business but the 2 people involved. If a person were downloading music and then selling it the Recording Industry would have a reason to complain, but there is no money exchanged. (Prior to the NET act of 1998, Commercial Gain was a requirement in Copyright Infringement cases. Copyright Infringement, historically, has been a suit brought against other publishers, not agaist the Public.)
If music is broadcast over the radio, it has already been given to the Public. Downloading something one has heard on the radio is no different than using a tape recorder to capture that music when broadcast.
And, if copyright law had some sensible term limits, anything older than 20 years (more than an adequate length of time to compensate the creators) would be in the Public Domain, which would mean all music released before 1981 would, and should, be available for unrestricted downloading. Also, this would enable a service such as Napster to claim 'substantial non-infringing uses,' an argument the court has already wrongly rejected.
Most pro-Napster (non-'let's get something for free' or 'the RIAA makes too much money already') arguments are going to focus more on the unreasonable side of copyright law. It would be very difficult to argue that Napster isn't illegal - I think, under current copyright law, and as Napster is normally used, it is illegal. I just happen to fervently believe that current copyright law is extremely excessive and a complete mockery of what the authors of the Constitution intended. (Read letters to Congress on my page.)
The Obvious Choice (Score:2)
-- Shamus
Error: Pithy quote not found
No Pro-Napster Intelligentia? (Score:2)
Perhaps the reason why there's no easily found Pro-Napster sentiment other than "Napster Rulez!" is that there's no thoughtful argument for why it's "a good thing" to steal people's work without their permission.
I could do it.... (Score:2)
Deal?
Murphy's Law of Copiers
A recent example (Score:2)
I don't know if he does high school gigs, but you could give it a try.
Try the EFF (Score:2)
It gets no better than Purdue U. (Score:2)
There are plenty of people there involved in this discussion, and I'm sure there are a few professors in the CS department who would be willing to participate.
Perhaps you could get an all-star team together: Gene Spafford for security aspect =) Doug Comer on P2P...
Honestly, the profs up there have PLENTY of time on their hands (trust me here). All you have to do is ask.
why not contact Napster directly? (Score:2)
Re:What does pro-Napster really mean? (Score:2)
Copyrights don't have to be earned.
The text you typed, right up there above this reply I am typing, is copyrighted by you. Automatically, by virtue of you typing it.
Re:Honestly... (Score:3)
=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\
+1, Informative (Score:3)
Here's a history [publicenemy.com] of his Pro-Napster views.
Re:"good" p2p? (Score:3)
MP3.COM really gives a better opportunity for new musicians and bands to present themselves, each band has its own page, with downloadable and streamable content, and if some band gets more and more known, their songs rank higher, and thus, sometimes even give them quite a bit of revenue, which with Napster isn't the case. Just look at the facts, Napster makes it very hard (I think even somewhat expensive) to use their network as a career ladder.
It depends . . . (Score:3)
"Pro-Napster" could mean either
Look at... Napster! (Score:3)
Important copyright info (Score:4)
10 Bit Myths about copyright explained [templetons.com]
ALA copyright Education Program [ala.org] Contains info about fair use,and Copyright on the internet
www.metallicaisgreedy.com [metallicaisgreedy.com] which is packed full of tons of info that is pro-napster, in particular in regards to lawsuits,media,etc
Open Sessame (Score:5)
On Slashdot?
None here. We're all out. Absolutely none. Not at all. We don't have any. Nope. Nosiree. Nada. Zero. Zilch.....
A pro-Napster artist? (Score:5)
If you aren't looking for someone who is a legal expert as such, it would make a lot of sense to find one of the many artists who have come out in favor of Napster.
Chuck D comes to mind.
Re:A pro-Napster artist? (Score:5)
This opinion is one I really haven't formed yet, so as I speak about Napster now, please understand that I'm not totally informed. I will be the first in line to file a class action suit to protect my copyrights if Napster or even the far more advanced Gnutella doesn't work with us to protect us. I'm on [Metallica drummer] Lars Ulrich's side, in other words, and I feel really badly for him that he doesn't know how to condense his case down to a sound-bite that sounds more reasonable than the one I saw today.
I also think Metallica is being given too much grief. It's anti-artist, for one thing. An artist speaks up and the artist gets squashed: Sharecropping. Don't get above your station, kid. It's not piracy when kids swap music over the Internet using Napster or Gnutella or Freenet or iMesh or beaming their CDs into a My.MP3.com or MyPlay.com music locker. It's piracy when those guys that run those companies make side deals with the cartel lawyers and label heads so that they can be "the labels' friend," and not the artists'.
I'd be curious to see how articulate she is speaking off the cuff. I remember here, when this came out, everyone was going on about how much smarter she is than Lars Ulrich - like you can compare the text of a prepared speech written by who knows who with the raw transcript of an interview where Timothy (IIRC) left in every last "ummm" and "fuck."
Unsettling MOTD at my ISP.