Marc Policani's Digital Media Blog: P2P File Sharing

WinMX Shuts Down After RIAA Threat

Fri, 23 Sep 2005 16:02:58 GMT

The RIAA's latest attempt at curbing illegal peer-to-peer downloads appears to be working. On September 15, the group sent out cease and desist letters to seven undisclosed P2P networks. As of Thursday, it had appeared that at least two of them have now closed their doors.

According to reports, WinMX has ceased operations, and its Web site, winmx.com, has gone offline. The offices of another file sharing service, eDonkey, were reported closed by Reuters, although its Web site remained online Thursday and sources say the company known as MetaMachine simply moved locations.

The same letters were also sent to other P2P operators such as BearShare and Limewire, however both networks appeared to be operational Thursday morning.

The RIAA said at the time of the cease and desist letters that after the Grokster ruling companies had "ample opportunity to do the right thing," and continued to operate "at their own risk."

Since modern P2P networks often have no central location, it is near impossible to completely them shut down. But in some P2P structures, by removing a node that assists in indexing what is on the network, usually called a "supernode," download capabilities can be severely crippled. | more...

RIAA sues 754 more file swappers

Thu, 01 Sep 2005 16:52:57 GMT

The recording industry on Wednesday filed its latest round of copyright infringement lawsuits, targeting 754 people it claims used online file-sharing networks to illegally trade in songs. The lawsuits were filed in federal district courts across the country, including California, Colorado, Georgia, Missouri, New York, Pennsylvania, Virginia and Washington, D.C.

The world's major record labels, represented by the Recording Industry Association of America, have filed more than 14,000 such lawsuits since September 2003.

RIAA to Expand Attack on File Swappers

Fri, 29 Jul 2005 19:51:15 GMT

The RIAA on Thursday announced another round of lawsuits on Thursday against 765 "Internet thieves" across the United States, emboldened by last month's decision by the Supreme Court that said file sharing networks can be held responsible for their users' actions.

The "John Doe" lawsuits -- where the filing litigant is given a set amount of time to positively identify the defendant -- were filed across several federal district courts in eight states.

In addition to Thursday's actions, 176 named defendant lawsuits were filed last week in 25 states, which all came out of previous John Doe suits. The names of the individuals were obtained through Internet Service Provider logs.

RIAA President Cary Sherman also issued an ominous warning to any file sharers who continue running software such as Morpheus and Kazaa, saying the record industry plans to up the ante in its war on illicit song swapping.

"In the coming weeks and months, we will significantly expand our anti-piracy efforts for those who have ignored the Court's message," Sherman said. " We know that our education and enforcement efforts have made a real impact." | Source: BetaNews

Digital music-sharing stirs social tensions

Tue, 17 May 2005 16:58:02 GMT

"Sharing a digital music collection with co-workers can be fraught with social perils, a study of US office workers has revealed.

Amy Voida and colleagues from the Georgia Institute of Technology and Palo Alto Research Center in California, US, interviewed 13 US office workers who routinely listened to each others’ music via their company's computer network, using Apple's iTunes music software.

Participants confessed to forming judgements about co-workers based on the taste - or lack of taste - revealed by their music collection. Many also admitted to tailoring their own music library to project a particular persona, and some said they deliberately hid particularly embarrassing tracks from others.

iTunes provides a simple way to manage music files and can be used to upload songs to an iPod music player or buy tracks from the iTunes Music Store. But another feature lets users share songs across a computer network. Activating the sharing function lets others view and listen to playlists stored in a computer's library." [ more... ]

MPAA Targets TV Download Sites

Fri, 13 May 2005 02:45:57 GMT

KenDaMan writes, "ZDNet.com is reporting that the MPAA is targeting websites that serve as traffic directors for BitTorrent swaps. From the article: 'Continuing its war on Internet file-swapping sites, the Motion Picture Association of America said Thursday that it has filed lawsuits against a half-dozen hubs for TV show trading.' Apparently it is OK to record TV as long as your aren't sharing it."

Netscape pioneers launch free content network

Tue, 26 Apr 2005 16:55:18 GMT

"Netscape pioneers Mike Homer and Marc Andreessen are back on the start-up scene, launching a TiVo-like online network for distributing and viewing public TV, radio and grassroots media.

The free service, called the Open Media Network, is aimed initially at letting traditional public broadcasters and independent filmmakers distribute their work on the Net. But it will also allow ordinary computer users to publish their files.

Part TiVo, part BitTorrent file swapping, the network puts publishers' content into a peer-to-peer distribution network that could help lower bandwidth costs substantially. The service then creates a TV-like program directory that potential viewers can use to find and subscribe to automatic downloads of individual shows.

In the process, it's also serving as an advertisement for Homer's main company, content distribution service Kontiki, which provides the network's technology.

"We're trying to create a free consumer service that would allow the viewing of public service content on the Internet," said Homer, who is chairman of the Open Media Foundation, which is backing the project, as well as Kontiki's chairman. "Right now there is no easy way for consumers to (publish and view) these things. It has not been a consumer phenomenon, it's been an early adopter phenomenon."

The Open Media Network is one of several tools that have recently emerged aimed at letting people publish or find large files online, while organizing content into a familiar TV-like format." [ more... ]

Canadian ISP to Name Music Swappers

Mon, 25 Apr 2005 14:32:25 GMT

Daemon writes "The Globe and Mail reports that Videotron, a Canadian ISP, will not be fighting the request to turn over the names of music swappers to the Canadian Recording Industry Association (CRIA). According to a lawyer for Videotron, producing the identities of Internet users alleged of wrongdoing happens so regularly that they believe that it is justifiable to hand over the names of people who share large volumes of songs on-line. The five Internet service providers named in the case -- Shaw Communications, Rogers Cable Communications, Bell Canada, Telus Communications and Videotron -- can't divulge the information without a court order because privacy legislation requires them to keep customer information sealed."

MP3 zapping malware worms onto P2P network

Fri, 22 Apr 2005 22:27:27 GMT

John Leyden of The Register writes, "The Nopir-B worm, which appears to have originated in France, poses on P2P networks as a program to make copies of commercial DVDs. In reality the application offers no such function. Instead it attempts to delete MP3 music files on infected PCs. Nopir-B also attempts to disable various system utilities and wipe .COM programs whilst displaying an anti-piracy graphic. Nopir-B only infects Windows machines.

"The Nopir-B worm targets people it believes may be involved in piracy, but fails to discriminate between the true criminals and those who may have legally obtained MP3 files. Whichever side of the fence you come down on in regards to internet piracy, there's no debate about the criminal nature of this worm," said Graham Cluley, senior technology consultant for Sophos.

Malware capable of zapping MP3 files is rare but not unprecedented. The Klez-F worm, for example, which was widespread in 2002, overwrote MP3 files (and other file types) on certain days of the month. The Scrambler worm was programmed to scramble MP3 files to sound like a scratched record while the Mylife-G worm overwrote MP3 files with the words "my lIfE".

Nopir-B is slightly unusual in this category because it spreads on P2P network, albeit modestly. Few copies of the worm have been spotted and it poses only a low risk."

MPAA NYPD Payoffs?

Fri, 22 Apr 2005 14:57:35 GMT

The New York Post this morning is claiming that New York City police officers received MPAA payoffs as an incentive to bust pirated DVD street vendors. The Post claims the MPAA would tip off the NYPD to vendor locations (legal), then offer them gratuities after arrests (not so legal).

Comcast Giving the RIAA User Info?

Fri, 15 Apr 2005 16:11:08 GMT

"Several ISPs (Verizon,Charter) have fought the RIAA in court to protect their users' personal information (a fight the RIAA continues to lose in court). Meanwhile Reuters is reporting that one Comcast subscriber is suing the cable company for giving her personal information freely to the RIAA, who then hired a collection agency to gather $4,500 - or face the RIAA in court."

Video P2P Prompts "Bandwidth Binge"

Fri, 15 Apr 2005 16:09:32 GMT

"International demand for bandwidth grew 42 percent in 2004, reports Wired News, who add that growth is largely thanks to a migration toward video-file trading. Studying North American traffic, several firms note there has been no p2p traffic difference since the RIAA launched their legal assault. In some cases, the efforts drew more users toward the services." [ more... ]

HRRC Urges Passage of Betamax Codification, Endorses Digital Media Consumers' Rights Act

Fri, 15 Apr 2005 15:04:52 GMT

"Today the Home Recording Rights Coalition announced its endorsement of The Digital Media Consumers' Rights Act of 2005 (H.R. 1201). This legislation would codify into U.S. law the vital standard announced in the Supreme Court's landmark 1984 Betamax decision. It would also assure "fair use" protection under the Digital Millennium Copyright Act (DMCA) for consumers, libraries, universities, archivists, and other lawful users of copyrighted works.

H.R. 1201 was introduced on March 9 by Rep. Rick Boucher (D-VA), with original cosponsors John Doolittle (R-CA) and Joe Barton (R-TX), Chairman of the Energy & Commerce Committee. Today, HRRC Chairman Gary Shapiro underscored the need for H.R. 1201's Betamax codification provision:

"For innovation and for consumer freedom, the doctrine originally announced in the Betamax case is the magna carta and the Declaration of Independence rolled into one. Without the protection of this doctrine - that it is not a copyright violation to manufacture or distribute a product capable of substantial noninfringing uses - large corporate content providers would exercise a veto over every new function of every new product." [ more... ]

Lawsuits target online music pirates

Wed, 13 Apr 2005 22:38:23 GMT

Financial Times reports that, the global music industry has, "launched its largest legal action against alleged online pirates with almost 1,000 lawsuits in 11 countries.

Leading music groups including Universal, Sony BMG, EMI and Warner have endorsed the drive to curb internet file-sharing, estimated to cost the industry $2.4bn (€1.8bn, £1.3bn) a year in lost sales.

The International Federation of the Phonographic Industry (IFPI), representing 1,400 record companies, said the latest action would target Asia for the first time, with lawsuits in Japan."

Music group to sue students over downloads

Tue, 12 Apr 2005 23:47:53 GMT

Ted Bridis of BusinessWeek online reports that, "The recording industry intends to sue hundreds of college students accused of illegaly distributing music and movies accross Internet2, the super-fast computer network connecting leading universities for researching the next generation of the Internet, industry officials said Tuesday.

The Washington-based Recording Industry Association of America, the trade group for the largest labels, said it will file federal copyright lawsuits Wednesday against 405 students at 18 colleges with access to the Internet2 network, which boasts speeeds hundreds of times faster than the Internet." [ more... ]

ISPs in Argentina Must Log Everything

Tue, 12 Apr 2005 16:46:12 GMT

hjf writes "According to a new presidential decree, and effective July 31, 2005, telecom carriers in Argentina will have to log every activity, including Internet chats, website visits, e-mails, phone calls, etc, made in Argentina. The data must be stored for 10 years, and must be available to the police and intelligence agencies within one hour, 24 hours a day. The telecom companies must pay for 'everything': software, hardware, and human resources, and will be required to use state-of-the-art technology as soon as it is available. This news was known already in specialized circles, but only yesterday it was published in major media. This is causing outrage among legislators and businessmen. Lawyers claim that it violates privacy laws and Constitutional rights (article 14), and the 'presumptive innocence principle' (innocent until proven guilty)."

IFPI drafts 'code of conduct' for ISPs

Tue, 12 Apr 2005 16:44:37 GMT

The Register has an interesting article on a proposed 'code of conduct' for ISPs, "

Not content with creating a continent-spanning lawsuit-sharing network using special P2P (person to perpetrator) technology, the record companies' consortium, the International Federation of Phonographic Industries (IFPI) now wants your ISP to sign up to a new "code of conduct" that it has helpfully drafted with the help of the Motion Picture Association (MPA). A warning, though: you probably won't like it.

Here's a sampler. Under the new code, ISPs would put in place filtering technology to block services and/or sites that "are substantially dedicated to illegal file sharing or download services". They would retain data beyond what law enforcement agencies require, with the aim of helping track down copyright infringement. They'd hand that data, plus your identity, over to the IFPI or MPA if there was even a complaint - not a court order - against you for, you guessed it, copyright infringement. (And you'd have signed or clicked something agreeing to allow that.)"

Film/Music Industry Makes ISP Demands

Fri, 08 Apr 2005 22:58:35 GMT

According to European Digital Rights, the International music and movie industry is thrusting a number of new "self-regulatory" demands at ISP's. Among them, ISP's should: remove links to sites that "do not respect" copyright holders, implement new filters, store and retain info on customers to be used against them in court, terminate the accounts of repeat offenders, and change their TOS to include customer consent that their personal info will be divulged if they violate copyright.

Supreme Court mulls file-swap 'pushers'

Wed, 06 Apr 2005 20:09:23 GMT

As the Supreme Court mulls the fate of file-swapping networks, justices are studying a rarely used element of copyright law that sparked bitter controversy when raised in Congress last year.

Last week, the nation's top court heard arguments from the entertainment industry and file-swapping software companies in a landmark review of the legal status of peer-to-peer networks. In the course of that hearing, several of the justices appeared interested in finding a middle ground that would focus on companies that actively encouraged, or "induced," copyright infringement.

A similar idea was at the core of last year's debate over the "Induce Act," a U.S. Senate bill sponsored by the record labels and staunchly opposed by much of the technology world. Applying this concept to file-swapping companies would be an unusual twist in copyright law, but the idea has been backed by some influential groups, including the Institute of Electrical and Electronics Engineers, or IEEE. [ more... ]

Proposed Canadian Laws to Nix P2P Music Sharing

Wed, 06 Apr 2005 16:35:03 GMT

limber writes "During this past weekend's Juno awards (a vapid Canadian music industry shindig) Canadian Heritage Minister Liza Frulla brought up proposed new legislation that would make downloading music on the Internet without paying for it illegal. High (or low) lights of the legislation include: forcing 'ISPs to monitor individual customer Internet connections for suspicious activity,' and giving the music industry and songwriters 'the tools to sue' illegal downloaders. Frulla further noted she 'wanted to persuade children that downloading music for free is wrong.'" [ more... ]

Broadband and Music Sales; UK CD Sales Surge Despite P2P Use

Tue, 05 Apr 2005 18:56:22 GMT

Traditionally, when a country faces a broadband growth boom, there's an increase in P2P use and an associated plunge in at least the sale of singles, if not CD's (Seen in Germany, Italy, Spain, and Denmark). Not so for the UK, says IT Facts and Digital Music News, where despite a broadband growth spurt and rampant P2P use, music sales continue to rise year after year. [ more... ]

Impatient TV viewers turn to BitTorrent

Mon, 04 Apr 2005 15:40:08 GMT

Some Australians are turning to file-sharing networks for new episodes of their favorite American television shows.

According to a new report, the popularity in Australia of one peer-to-peer application--BitTorrent--is driven in part by local television networks that have adopted a strategy of being slow to air current episodes of popular TV shows.

Alex Malik, a former general counsel for the Australian Recording Industry Association, generated the report. Malik believes that by delaying the broadcast of these programs, Australian TV programmers have increased the domestic demand for the shows. "As a result, impatient viewers have increasingly turned to BitTorrent to download their favorite shows," he said. | Source: CNET News.com

Swedish file sharing crackdown planned

Mon, 04 Apr 2005 15:25:02 GMT

In an article for the INQUIRER, Nick Farrell writes, "The Sweedish government’s plan to crack down on file-sharers pirating illegal music and movies has hit a slight snag.

Although the country knows that unlicensed use of copyrighted material is rampant, there is much doubt about how such a law could be implemented.

There is also considerable anger at the concept of the idea. Much of this anger follows a high profile case where an ISP, Bahnhof's, was raided and four servers where found with pirated material in them.

It turned out that alot of the pirated material was placed there by an infiltrator from the Antipiracy Agency.

Bahnhof was furious, calling the whole thing a publicity stunt by the Antipiracy Agency."

MGM Concedes Some Fair-Use Rights Exist

Sun, 03 Apr 2005 20:59:25 GMT

jambarama writes "MGM seems to have given a little in the Grokster case. After getting nailed on the possible implications of banning P2P software, they've now admitted it is perfectly legal to rip one's own CD and store it. Is this a return to the stripped down 'fair use' rights or a temporary court concession?"

Interview With Mark Cuban About Grokster

Thu, 31 Mar 2005 16:39:57 GMT

David Goldenberg writes "Gelf Magazine is featuring an interview with Mark Cuban about the grokster case. In the interview, Cuban tells Gelf he decided to get involved because of the "copyright law and the politicians who get paid to pimp for the studios and labels."

Closing Arguments Begin in Kazaa Trial

Wed, 23 Mar 2005 22:02:18 GMT

BetaNews is carrying an article by Ed Oswald which reports that, “Closing arguments began Wednesday in the trial between Sharman Networks, parent company of Kazaa, and the record industry, which could decide the fate of the company as well as peer-to-peer file sharing. Sharman maintains that it cannot be held responsible for the actions of its users.”

Anti-P2P lawmaker gets top Senate spot

Fri, 18 Mar 2005 00:31:27 GMT

Declan McCullagh, a Staff Writer for CNET News.com reports that, "Orrin Hatch, the senator who once said the recording industry should be able to destroy music pirates' PCs, will be in charge of a new Senate panel responsible for writing copyright laws.

Hatch, a Utah Republican, on Thursday was formally named chairman of the Senate Intellectual Property subcommittee. It's responsible for overseeing the U.S. Copyright Office and drafting legislation and treaties relating to copyright and patent laws.

A few years ago, Hatch was one of the more vocal Washington critics of the Recording Industry Association of America. He urged the RIAA to be more flexible in licensing music to online distributors and even called a federal appeals court decision against Napster "shortsighted from a policy perspective."

But when Napster's progeny arose in the form of peer-to-peer networks, Hatch's political views seemed to flip-flop. Instead of defending novel--and disruptive--technologies, Hatch became one of their most vocal political antagonists.

Last year, he and Sen. Patrick Leahy of Vermont introduced the "Induce Act," an anti-file-swapping bill that foes said could target products like Apple Computer's iPod. Leahy is the senior Democrat on Hatch's new subcommittee."

British ISPs Must Identify File Sharers

Sat, 12 Mar 2005 03:41:55 GMT

In a recent article for BetaNews.com, Ed Oswald writes, “British record companies applauded Friday's ruling in court that gave them the right to obtain the identities of people who use file sharing programs from Internet service providers. The labels were looking for the identities of 31 persons suspected of uploading large numbers of illegal files onto various P2P services. "Today's result is a blow for illegal uploaders who believe that the law simply does not apply to them," Geoff Taylor, general counsel for the British Phonographic Industry, a music trade group, told reporters. ISPs will have two full weeks to comply with the High Court ruling. According to BPI lawyers, when the names are received, they plan to start contacting the defendants and offer to settle out of court if possible. The approach is similar to one used in the United States by the RIAA.”

I spy peer-to-peer software

Sat, 12 Mar 2005 03:34:11 GMT

Robert Lemos, a security columnist for CNET News.com writes, “Installing the latest peer-to-peer application? Then, you'd better be ready for a few hitchhikers. A survey performed by anti-spyware researcher Ben Edelman and others found that three out of the five most popular peer-to-peer programs had features or installed applications (spyware) to track a person's movements across the Web. The research is part of a paid consulting gig Edelman has with LimeWire, one of the vendors whose software he investigated.”

P2P (More) Legal in France

Sat, 12 Mar 2005 02:52:27 GMT

Slashdot.org features a post by :"A french appeal court ruled yesterday in favour of somebody who downloaded about 500 movies, on the ground that those were private copies, and that he didn't redistributed them, and that a tax was payed on blank media. This sets the huge precedent that P2P is legal over there. For the details, apparently no distinction was made on the method used to download the movies (upload issues) and the famous EUCD directive was even used by the defending lawyer."

RIAA Lawsuits from a John Doe's Perspective

Sat, 12 Mar 2005 02:49:45 GMT

Slashdot.org features a blog by an anonymous reader stating that "Nick Mamatas was sued by and subsequently settled with the RIAA for file sharing. He wrote a piece for the Village Voice describing his experience, and he goes on to briefly discuss the implications of "John Doe" file-sharing lawsuits. He argues that the labels are using these suits as a source of profit; he also claims that when his lawyer contacted the RIAA to discuss the suit, he was put in touch with a regular staffer, not another lawyer. 'It feels like they're doing a volume business,' Mamatas' lawyer notes."

Share Movies Like You Share Music Through iTunes

Tue, 08 Mar 2005 15:52:33 GMT

Patrick Fitzsimmons writes "Lanovision is a brand new program that works exactly likes iTunes music sharing only for videos. Download it, tell others on your dorm network to download it, and instantly watch each others videos. Lanovision supports all video formats - including DivX and XviD. A student at Yale wrote the program, and it is already causing students to stay up late watching their friends videos. The Yale Daily News even featured Lanovision on the front page. To download it, go to www.lanovision.com. Get a network going in your dorm!"

Kazaa's Australian Assets Frozen

Sat, 05 Mar 2005 18:46:47 GMT

sandstorming writes "Wired is reporting that Sharman Networks (the creators of Kazaa) and Altnet (which licenses technology to Kazaa) have had their assets frozen in the country of Australia. The verdict comes almost four months after the start of the trial prompted by five record company suits. The Australian federal court will convene on March 22nd for final oral submissions, and the verdict is expected several weeks later. Is this the beginning of the end for Kazaa?"

Start-ups blur lines between radio, music swapping

Fri, 04 Mar 2005 21:28:13 GMT

In a recent article on cnet News.com written by John Borland , "A new generation of start-ups is taking a page from Apple Computer's iTunes playbook, allowing Net radio listeners to draw their programming at will from one another's hard drives.

At the head of a movement that could transform online radio, Live365 and start-up Grouper are the latest to blur these lines between Internet radio and online song-swapping, with an alliance aimed at turning the older companies' stable of amateur broadcasters into the hubs of peer-to-peer communities.

The model looks to Apple's iTunes software, which lets people on the same network, such as in a dorm or office building, listen to songs from one another's music collections. Grouper's peer-to-peer service lets people stream songs at will to one another over the open Internet."

Studios target Oscar film swappers

Thu, 24 Feb 2005 22:56:56 GMT

CNET News reports: "Hollywood studios launched a new round of legal action Thursday, aimed in part at people swapping versions of nominated films in Sunday's Academy Awards ceremony."

United Kingdom Leads the World in TV Downloads

Fri, 18 Feb 2005 15:33:42 GMT

SumDog writes "The UK is known for many things, great food, a wonderful climate and beautiful women. However, according to a story on the Guardian, a new study puts the UK ahead in one more category: it leads the world in TV piracy, accounting for 38.4% of the world's TV downloads, with Australia coming in second at 15.6% and the US in third at a pitiful 7.3%"