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http://www.technewsworld.com/perl/story/32500.html

BEST OF ECT NEWS:
The Future of P2P File-Sharing Networks
 
By Paul Korzeniowski
TechNewsWorld
January 2, 2004

This story was originally published on December 4, 2003, and is brought to you today as part of our Best of ECT News series.




UNIX Professionals: You've spent years learning how to manage and develop complex business systems. Now you can take that expertise and easily apply it to Windows systems.
 Get a FREE complete copy of Microsoft Windows Services for UNIX (64).

The debate about whether peer-to-peer (P2P) applications, which were first made popular with the Napster file-sharing network, should be legitimate or illegitimate continues to rage.
On one side are applications like Morpheus and Kazaa, whose makers say their products have many uses -- adding that they promote the legitimate ones and are not responsible for any illegitimate activities. On the other side are entertainment companies, such as Sony and Disney, which see those products as taking revenue from music labels and artists. The two sides have waged an ongoing war in the courtroom, a battle that continues unabated, and one in which consumers now find themselves as participants.

One can argue about the legality of such applications, but there is no debating their popularity. Sharman Networks, which makes the Kazaa P2P application, claims to have 20 million downloads per month, and StreamCast Networks, which makes Morpheus, says it has 115 million users worldwide.

Record Companies Losing Billions
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The firms note that their products can serve many useful purposes, such as helping the U.S. Army distribute recruiting information and enabling the British Broadcasting Corp. to place a catalog of its databases online.
While the positive uses of file-sharing networks are unquestionable, P2P software seems to have gained most of its popularity by helping individuals illegally download pirated music files and, to a lesser degree, movies. The Recording Industry Association of America (RIAA), a lobbying group for entertainment firms, notes that record sales have dropped 31 percent during the last three years, from more than US$14 billion in 2001 to less than $12 billion this year, a change it views as stemming from widespread illegal duplication.

In response, the organization has waged an aggressive, ongoing legal battle to stop inappropriate uses of the software, and a ruling in its favor in 2001 was the reason why Napster closed down. Rather than end the debate, the ruling simply changed the way it was waged. "After the court made its ruling, P2P vendors examined it and delivered products that did not break the law," said Michael Goodman, a senior analyst with the Yankee Group.

A Step Ahead of the Law

The Napster system was declared illegal because it was a shared network with a centralized file-search system. Because company officials therefore had some control over what information flowed over the network, they were deemed responsible for copyright infringements.
Most of the current P2P vendors do not operate networks but instead provide software that others can use to build ad hoc, distributed networks. In these networks, users do not send files directly to others; instead, they let individuals download those files themselves.

Media companies argue that there is little difference between first-generation and second-generation P2P vendors. In both cases, the media companies argue, the vendors know their products are being used for illegal activities.
"We provided evidence to companies like Sharman Networks that their software was knowingly used for copyright infringements, but they did not seem to care," said Jonathan Lamy, a spokesperson for the RIAA.

Advantage P2P
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07-Nov-03As a result of the impasse, the groups have found themselves continually in court during the past few years. The most recent decision, made by the Ninth District Court of California, went in favor of the P2P vendors. The judge, citing a 1980 case involving Sony's VCR, noted that the company was not responsible for any copyright infringements undertaken by its consumers. The RIAA has appealed the most recent P2P ruling, a process that is expected to be completed by February 2004.

In addition to going after the software suppliers, the RIAA decided to bring action directly against individuals who illegally download music. In September, the RIAA served subpoenas to 241 people who each had made hundreds -- sometimes thousands -- of songs available over the Internet, and the organization went after 80 more individuals in October.
The group reached settlement with about half of those charged. In addition, the organization offered an amnesty program for individuals who wanted to avoid potential prosecution. As a result, more than 1 million illegal items have been deleted, and the P2P networks have seen significant drops in traffic: Kazaa's traffic is down by as much as 40 percent.

Potential for Compromise
While the vendors and the RIAA have been adversarial during the past few years, there is potential for a compromise. "Neither side wants to continue with the lawsuits, so the real challenge is to develop a new distribution model that satisfies both sides," the Yankee Group's Goodman told TechNewsWorld.

Apple Computer's iTunes service illustrates a case in which performers and vendors have worked together to make music less expensive and more accessible to a wider range of potential customers while ensuring that producers and performers are compensated. Meanwhile, Altnet and Sharman Networks have released a secure commercial P2P service over the Kazaa network that lets users distribute authorized music, movie and game files to paying clients.
The industry is generating many ideas about how the two groups could work together. "We favor compulsory licensing where the government implements a tax on items, such as blank CDs or monthly Internet Service Provider fees, and that money is earmarked as compensation for artists and media companies," said Adam Eisgrau, executive director of P2P United, an organization that represents the application-developer interests.

However, the RIAA views such an approach as creating unnecessary government intervention that in fact would be illegal under existing copyright laws. As a result, it seems as if the two sides will look to the courts to settle their dispute for the immediate future.
Other stories by Paul Korzeniowski
The Most Destructive Viruses of All Time
2003-12-19 05:00:00
VoIP's Guerilla Effort To Supplant Traditional Telcos
2003-12-10 06:43:54
The Future of P2P File-Sharing Networks
2003-12-04 09:07:13
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http://www.boardwatch.com/document.asp?doc_id=45395

Report Points to P2P Problems



Light Reading and Boardwatch today published a report on peer-to-peer (P2P) traffic, focusing on two aspects of it -- how to prevent it becoming a problem, and how to actually make money from it (see Controlling P2P Traffic).

The report, by Geoff Bennett, Heavy Reading Chief Technologist, starts by demonstrating why P2P traffic is a big issue for a lot of service providers, namely:

It now accounts for 50 to 70 percent of all Internet traffic, according to P-Cube Inc., a developer of P2P management technology. ISPs often don’t realize how much P2P traffic they’re handling because P2P protocols deliberately disguise themselves to sidestep efforts to control traffic volumes.


A high proportion of P2P traffic goes “off net.” In other words, it doesn’t stay on an ISP’s own network. ISPs end up having to pay transit charges to other operators for carrying traffic that isn’t even earning them a profit.


P2P traffic is symmetrical, so it makes awkward use of asymmetrical DSL lines. P2P traffic also runs continuously. There’s no periods of high and low demand, which rules out trying to accommodate it in off-peak periods.
The report reviews ways of controlling P2P traffic without upsetting users. One example is to cap upstream bandwidth but not downstream. This not only suits ADSL technology but also means that users experience good performance on the aspect of the service they can see -- incoming files. They’re less like to be aware that outgoing files are suffering delays.

Finally, the report looks at how service providers can generate new revenues from P2P, typically by offering a two-tier Internet access service -- a basic one with capped P2P bandwidth and a premium one in which specific channels (for gaming, for instance) get more bandwidth. The article points out that service providers have mastered the business of billing people for small amounts of money, and should leverage this when working with content providers.

More details in the report: Controlling P2P Traffic.

— Peter Heywood, Founding Editor, Light Reading



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

Archives of Related Light Reading Webinars:

Controlling P2P: Who’s Stealing Your Bandwidth?
Flow-Based Networking: A Better Business Model for IP?
IP: QOS – Delivering Carrier-Class Quality
 
 
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Taiwan is looking more like its mainland brethren every day.

http://www.pcpro.co.uk/?http://www.pcpro.c..._story.php?id=51249



Taiwanese P2P service faces criminal charges
[PC Pro] 12:41

Kuro, a Taiwanese file sharing service, is to face criminal charges after record label representatives filed a complaint with the public prosecutors' office.
Kuro's management team has been charged with violating Copyright Law. Separate charges have been brought against some of its subscribers.

The service charges users of its P2P network for access to shared files and claims to have some 500,000 subscribers. Taiwanese record label representatives described it as 'in essence a Napster for money'.

Kuro's website appears to be having some problems at present but it is not known whether this is related to the prosecutions.

Simon Aughton

Good luck on this shit. . .

http://zdnet.com.com/2100-1104_2-5119365.html
  
News Software
 

Group wants P2P files to pay
 
By John Borland
CNET News.com
December 10, 2003, 12:52 PM PT
 
 Add your opinion

Forward in Format for
 

A new standards group, anchored by Microsoft and Universal Music Group, is developing a technology that members hope will let music, movies and other content be distributed more efficiently online.
The Content Reference Forum is hoping to create a kind of intelligent file that can be distributed through file-sharing networks like Kazaa, Web pages, e-mail or almost anywhere else online.

Instead of containing a song or movie itself, the file would set up a process that automatically delivers files in the right format and potentially triggers an automatic payment system that could be changed moment to moment by the content distributor.


 

"This would essentially say, if you have the rights to this piece of content, we don't care what kind of device you're using," said Albhy Galuten, chairman of the new group and former senior vice president for advanced technology at Universal Music. "It would say, tell me the device, and we'll send you the correct file."

The group is hoping to make online content distribution more flexible and help break down barriers between incompatible formats and copy-protection technologies. Currently, people who send files through file-trading networks, or via e-mail or instant messaging, are largely locked in to sending a specific file that may not be readable by people who lack the appropriate software or hardware.

Most entertainment content sold online is encoded in proprietary formats and wrapped in anticopying technologies such as Microsoft's Windows Media or Apple Computer's FairPlay. That means that someone who wants to share a Windows Media-encoded song purchased through Napster's online song store can't share it with someone who wants to buy it and play it on an Apple iPod, for example.

Under the new technology, people would share the "Content Reference" file instead, which would point them to authorized versions of the content that would automatically fit whatever device or computer software the recipient is using.

Other plans for encouraging people to share authorized content though file-sharing networks are already in place. Altnet, a content distribution system that plugs in to the Kazaa network, offers copy-protected games, music and movies to file sharers, who can download the authorized versions and pay for them instead of seeking free versions. The company has been unsuccessful in winning support from major music labels or movie studios, however.

The Content Reference project was started by Galuten and others while he was at Universal in an effort to create a content distribution system more flexible than what exists today. The group's membership currently includes Microsoft, ContentGuard, VeriSign, Macrovision, ARM and NTT. Galuten said he expects other companies to join over time.

The forum said it will act as a standards group similar to the World Wide Web Consortium or the Motion Picture Experts Group. It has drawn on technology standards developed by both, but has added new technology specifications for its specific purposes, Galuten said.

The initial version of the Content Reference specifications are available at the forum's Web site. A test version of the technology will be operating in early 2004, Galuten said.




Forward in Format for

So much for their scare tactics. . .

http://www.atnewyork.com/news/article.php/3288481

 

December 12, 2003
GAO: P2P Porn no Worse Than on Web
By Roy Mark

Contradicting lurid testimony at several congressional hearings earlier this year, the U.S. General Accounting Office (GAO) insists that pornography available on peer-to-peer (P2P) networks is "not necessarily" more dangerous than what is readily available on Web sites.

In a letter to Utah Republican Sen. Orrin Hatch, director of Information Management Issues at the GAO Linda D. Koontz says "pornography is also easily accessible through other electronic means, such as Web sites, and the risk of children's inadvertent exposure to pornography exists on these other mediums as well."

The GAO stance comes on the heels of Hatch's statement that the easy availability of pornography on P2P networks presented many risks. At a September Senate Judiciary Committee hearing, Hatch said, "I am currently considering legislative solutions to the many risks inherent in the use of peer-to-peer networks. Recent studies have shown that millions and millions of pornographic files are available for downloading on these networks at any given time."

Hatch based his remarks on a March GAO report entitled, File-Sharing Programs: Peer-to-Peer Networks Provide Ready Access to Child Pornography. While the courts have ruled pornography is protected free speech, child pornography is illegal in almost every civilized nation.

Koontz's letter to Hatch points out the GAO report was based on tips received by National Center for Missing and Exploited Children (NCMEC).

The NCMEC, a federally funded non-profit organization that serves as a national resource center for information related to crimes against children, operates a CyberTipline that receives child pornography tips provided by the public and ISPs.

Last year, the NCMEC CyberTiplines received more than 62,000 Internet-related reports of child pornography. Of these, 840, or about 1.4 percent, were related to peer-to-peer networks.

"However, we do not know if the number of reports received by NCMEC accurately reflects the volume of child pornography on peer-to-peer networks or on the Internet in general, since the reports are based on tips that the public or system users submit rather than a systematic analysis of network content," Koontz wrote.

The GAO calculates the actual introduction of child pornography on P2P networks would be difficult to detect or stop, but it is possible for law enforcement officials to discover the identities of individuals sharing child pornography and other illegal material on P2P networks.

Unlike traditional Web sites, which have centralized content management, users control the content available on P2P networks, and the users of the network are constantly changing.

"Nonetheless, law enforcement agencies can search peer-to-peer networks for child pornography and investigate reports of illegal material submitted to the NCMEC and other agencies," Koontz wrote. "Once child pornography files are identified on a peer-to-peer network, legal mechanisms can be used to identify, investigate, and prosecute the individuals sharing the illegal files."

The GAO letter comes as Congress is considering a number of bills that could have an impact on the P2P business, which also includes instant messaging, collaborative meeting applications and distributed computing.

In July, Joe Pitts, R.-Pa., introduced legislation requiring file-swapping services to obtain parental consent before allowing children to use P2P network software. The Protecting Children from Peer-to-Peer Pornography Act (H.R. 2885) would also mandate that distributors of P2P software provide notice that pornographic material can be accessed through the networks and requires the Federal Trade Commission (FTC) to develop "do-not-install beacons" to block downloading of P2P software.

P2P United, the new trade group of the file-sharing industry, claims Pitts' bill is based "factually flawed premises" and discriminatory since it does apply to any and all software which affords internet connectivity in general, such as Web browsers and search engines.

"Singling out peer-to-peer programs will do little if anything to increase the safety and security of children or adults," P2P United states in a position paper. "Indeed, such ineffectual 'feel good' legislation runs a significant risk of providing parents and others with a false sense of security."



 



News Archives

http://news.com.com/2100-1025-5121479.html

Canada deems P2P downloading legal
Last modified: December 12, 2003, 2:20 PM PST
By John Borland
Staff Writer, CNET News.com

           
update Downloading copyrighted music from peer-to-peer networks is legal in Canada, although uploading files is not, Canadian copyright regulators said in a ruling released Friday.

In the same decision, the Copyright Board of Canada imposed a government fee of as much as $25 on iPod-like MP3 players, putting the devices in the same category as audio tapes and blank CDs. The money collected from levies on "recording mediums" goes into a fund to pay musicians and songwriters for revenues lost from consumers' personal copying. Manufacturers are responsible for paying the fees and often pass the cost on to consumers.

The peer-to-peer component of the decision was prompted by questions from consumer and entertainment groups about ambiguous elements of Canadian law. Previously, most analysts had said uploading was illegal but that downloading for personal use might be allowed.

"As far as computer hard drives are concerned, we say that for the time being, it is still legal," said Claude Majeau, secretary general of the Copyright Board.

The decision is likely to ruffle feathers on many sides, from consumer-electronics sellers worried about declining sales to international entertainment companies worried about the spread of peer-to-peer networks.

Copyright holder groups such as the Recording Industry Association of America (RIAA) had already been critical of Canada's copyright laws, in large part because the country has not instituted provisions similar to those found in the U.S. Digital Millennium Copyright Act. One portion of that law makes it illegal to break, or to distribute tools for breaking, digital copy protection mechanisms, such as the technology used to protect DVDs from piracy.

A lawyer for the Canadian record industry's trade association said the group still believed downloading was illegal, despite the decision.

"Our position is that under Canadian law, downloading is also prohibited," said Richard Pfohl, general counsel for the Canadian Recording Industry Association. "This is the opinion of the Copyright Board, but Canadian courts will decide this issue."

In its decision Friday, the Copyright Board said uploading or distributing copyrighted works online appeared to be prohibited under current Canadian law.

However, the country's copyright law does allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorized or noninfringing version, the board said.

Under those laws, certain media are designated as appropriate for making personal copies of music, and producers pay a per-unit fee into a pool designed to compensate musicians and songwriters. Most audio tapes and CDs, and now MP3 players, are included in that category. Other mediums, such as DVDs, are not deemed appropriate for personal copying.

Computer hard drives have never been reviewed under that provision, however. In its decision Friday, the board decided to allow personal copies on a hard drive until a fee ruling is made specifically on that medium or until the courts or legislature tell regulators to rule otherwise.

"Until such time, as a decision is made on hard drives, for the time being, (we are ruling) in favor of consumers," Majeau said.

Legal analysts said that courts would likely rule on the file-swapping issue later, despite Friday's opinion.

"I think it is pretty significant," Michael Geist, a law professor at the University of Ottawa, said. "It's not that the issue is resolved...I think that sooner or later, courts will sound off on the issue. But one thing they will take into consideration is the Copyright Board ruling."

Friday's decision will also impose a substantial surcharge on hard drive-based music players such as Apple Computer's iPod or the new Samsung Napster player for the first time. MP3 players with up to 10GB of memory will have an added levy of $15 added to their price, while larger players will see $25 added on top of the wholesale price.

MP3 players with less than 1GB of memory will have only a $2 surcharge added to their cost.

With a population of about 31 million people, Canada is approximately one-tenth the size of the United States. But Canadians are relatively heavy users of high-speed Internet connections, which make it easy to download music files. About 4.1 million Canadians were using a broadband connection at home as of the end of June 2003, according to U.K.-based research firm Point Topic. By comparison, U.S. cable and DSL (digital subscriber line) subscribers totaled 22.7 million at the end of September, according to Leichtman Research Group.

Canada has already raised the hackles of some copyright holders through its reluctance to enact measures that significantly expand digital copyright protection, as the controversial Digital Millennium Copyright Act (DMCA) has done in the United States. As a result, Canada could become a model for countries seeking to find a balance between protecting copyright holders' rights and providing consumers with more liberal rights to copyrighted works. For now, it remains unclear how other countries might be influenced by Friday's ruling.

Geist said he believes the tariff decision could be just the tip of the iceberg for hardware makers, as Canadian regulators grapple with the full implications of the policy. Other devices, including PCs, may eventually be brought under the tariff scheme, he predicted.

"Given that they've made a strong stand on (peer-to-peer matters), if the policy remains the same, there's little choice but to move ahead on personal computers," Geist said.

However, a representative of the Canadian Private Copying Collective (CPCC), the group of music copyright holders that typically petitions for new media types to be added to the list, said computers were not on its agenda.

"We have never sought a levy on computer hard drives and do not intend to do so in the future," Lucie Beaucheni, vice chair of the CPCC, said.


Dig deeper: Copyright | Piracy | Peer to peer

 
Group wants P2P files to pay

December 10, 2003
Should ISP subscribers pay for P2P?

December 4, 2003
Network tool reins in music downloads

December 2, 2003
Cyberpiracy north of the border

October 27, 2003
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http://www.theregister.co.uk/content/6/34504.html


Canada OKs P2P music downloads
By Andrew Orlowski in San Francisco
Posted: 13/12/2003 at 02:25 GMT


   
Canada's copyright agency has OK'd the downloading of copyrighted music from Peer to Peer networks - for now, at least - slapping a small tax onto MP3 music players. The Copyright Board of Canada declined to extend existing levies on blank audio and CD recordable media to DVD recordables, or to removable memory, such as Compact Flash or MMC cards.

While uploading and distributing copyrighted music remains illegal, Canada's simple solution provides copyright holders with some compensation through existing royalty distribution channels.

Three years ago Canada's copyright board imposed a levies on blank media. The cost is 21 cents per blank CD-R data or CD-RW disk, or 77 cents per blank CD-R Audio disc. The new fees for fixed media players are $2 for each device under 1 GB, $15 for devices 1-10 Gbs, and $25 for devices over 10 Gbs.

Two thirds of these levies are shared between agencies representing songwriters (SOCAN, the Society of Composers, Authors and Music Publishers of Canada), mechanical copyright holders (SODRAC, the Society for Reproduction Rights of Authors, Composers and Publishers in Canada), and performers (SOGEDAM). The rest is divided amongst other collection agencies. There are wide exemptions for education and law enforcement.

The one-off fee for music players is small: typically less than what manufacturers budget for exchange rate fluctuations. However the move was opposed by an alliance of big box retailers and beige box PC manufacturers including HP, Dell and Apple. Those three, co-incidentally, have either launched or plan to launch online music stores selling locked music on royalty terms set by the Recording Industry Association of America, the RIAA. In the neighboring the RIAA has been much more successful in passing draconian legislation and criminalizes fair use. While no scheme is likely to please everyone, Canada's example shows that alternatives do exist, and are gathering pace.

Ironically, we've seen vociferous lobbying recently from those with a curiously lop-sided view of 'freedom', seeking to promote technologies that inhibit fair use, eager extend the freedom of large manufacturers to make er, zero profits from their online stores.

A range of other alternative revenue models are discussed by the Electronic Frontier Foundation, here. ®




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huge story from Japan on Slashdot

http://yro.slashdot.org/yro/03/12/04/03472...=123&tid=158&tid=99

Posted by simoniker on Thursday December 04, @06:43AM
from the stomp-the-miscreants dept.
nutznboltz writes "According to a story on CNET Asia, two Japanese users of the Winny P2P application have been arrested for copyright violations, and the developer of the P2P software has also had his home searched by police. Winny was 'supposedly anonymous', and purported to be based on Freenet, although Freenet creator Ian Clarke is claiming that Winny is not really like Freenet, and that he's 'not concerned that the Japanese police have somehow found a way to compromise Freenet's security'."

http://www.technewsworld.com/perl/story/32305.html

The Future of P2P File-Sharing Networks
 
By Paul Korzeniowski
TechNewsWorld
December 4, 2003

While the positive uses of file-sharing networks are unquestionable, P2P software seems to have gained most of its popularity by helping individuals illegally download pirated music files.




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The debate about whether peer-to-peer (P2P) applications, which were first made popular with the Napster file-sharing network, should be legitimate or illegitimate continues to rage.
On one side are applications like Morpheus and Kazaa, whose makers say their products have many uses -- adding that they promote the legitimate ones and are not responsible for any illegitimate activities. On the other side are entertainment companies, such as Sony and Disney, which see those products as taking revenue from music labels and artists. The two sides have waged an ongoing war in the courtroom, a battle that continues unabated, and one in which consumers now find themselves as participants.

One can argue about the legality of such applications, but there is no debating their popularity. Sharman Networks, which makes the Kazaa P2P application, claims to have 20 million downloads per month, and StreamCast Networks, which makes Morpheus, says it has 115 million users worldwide.

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The firms note that their products can serve many useful purposes, such as helping the U.S. Army distribute recruiting information and enabling the British Broadcasting Corp. to place a catalog of its databases online.
While the positive uses of file-sharing networks are unquestionable, P2P software seems to have gained most of its popularity by helping individuals illegally download pirated music files and, to a lesser degree, movies. The Recording Industry Association of America (RIAA), a lobbying group for entertainment firms, notes that record sales have dropped 31 percent during the last three years, from more than US$14 billion in 2001 to less than $12 billion this year, a change it views as stemming from widespread illegal duplication.

In response, the organization has waged an aggressive, ongoing legal battle to stop inappropriate uses of the software, and a ruling in its favor in 2001 was the reason why Napster closed down. Rather than end the debate, the ruling simply changed the way it was waged. "After the court made its ruling, P2P vendors examined it and delivered products that did not break the law," said Michael Goodman, a senior analyst with the Yankee Group.

A Step Ahead of the Law

The Napster system was declared illegal because it was a shared network with a centralized file-search system. Because company officials therefore had some control over what information flowed over the network, they were deemed responsible for copyright infringements.
Most of the current P2P vendors do not operate networks but instead provide software that others can use to build ad hoc, distributed networks. In these networks, users do not send files directly to others; instead, they let individuals download those files themselves.

Media companies argue that there is little difference between first-generation and second-generation P2P vendors. In both cases, the media companies argue, the vendors know their products are being used for illegal activities.
"We provided evidence to companies like Sharman Networks that their software was knowingly used for copyright infringements, but they did not seem to care," said Jonathan Lamy, a spokesperson for the RIAA.

Advantage P2P
 Related Stories
Teenage Wasteland - Or Online Goldmine?
29-Nov-03
Microsoft To Enter Music Download Fray
17-Nov-03
First iTunes, Then the World?
10-Nov-03
RealNetworks Teams with Intel on Music Service
10-Nov-03
Roxio CEO Chris Gorog Tells TechNewsWorld 'We Will Take Market Share from Apple'
07-Nov-03As a result of the impasse, the groups have found themselves continually in court during the past few years. The most recent decision, made by the Ninth District Court of California, went in favor of the P2P vendors. The judge, citing a 1980 case involving Sony's VCR, noted that the company was not responsible for any copyright infringements undertaken by its consumers. The RIAA has appealed the most recent P2P ruling, a process that is expected to be completed by February 2004.

In addition to going after the software suppliers, the RIAA decided to bring action directly against individuals who illegally download music. In September, the RIAA served subpoenas to 241 people who each had made hundreds -- sometimes thousands -- of songs available over the Internet, and the organization went after 80 more individuals in October.
The group reached settlement with about half of those charged. In addition, the organization offered an amnesty program for individuals who wanted to avoid potential prosecution. As a result, more than 1 million illegal items have been deleted, and the P2P networks have seen significant drops in traffic: Kazaa's traffic is down by as much as 40 percent.

Potential for Compromise
While the vendors and the RIAA have been adversarial during the past few years, there is potential for a compromise. "Neither side wants to continue with the lawsuits, so the real challenge is to develop a new distribution model that satisfies both sides," the Yankee Group's Goodman told TechNewsWorld.

Apple Computer's iTunes service illustrates a case in which performers and vendors have worked together to make music less expensive and more accessible to a wider range of potential customers while ensuring that producers and performers are compensated. Meanwhile, Altnet and Sharman Networks have released a secure commercial P2P service over the Kazaa network that lets users distribute authorized music, movie and game files to paying clients.
The industry is generating many ideas about how the two groups could work together. "We favor compulsory licensing where the government implements a tax on items, such as blank CDs or monthly Internet Service Provider fees, and that money is earmarked as compensation for artists and media companies," said Adam Eisgrau, executive director of P2P United, an organization that represents the application-developer interests.

However, the RIAA views such an approach as creating unnecessary government intervention that in fact would be illegal under existing copyright laws. As a result, it seems as if the two sides will look to the courts to settle their dispute for the immediate future.

They're trying to show that even anonymous networks are susceptible. . . yeah right, not for long.

http://www.afterdawn.com/news/archive/4753.cfm

Two users of Freenet-based P2P network arrested

 
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  Japanese P2P network, Winny, was based on super-secure Freenet network and was supposed to hide all marks of its users' IP addresses, making it impossible to crack down. But now it seems that this network has failed its promise as well. According to CNetAsia, two Japanese users of Winny have been arrested and home of the Winny's developer has been searched by Japanese police.
   
  Creator of Freenet, British Ian Clarke, has stated that he doubts whether Winny used all the Freenet's identity-cloaking and cryptographic features, as these features should make the network truly anonymous.
   
  Two arrested men, aged 41 and 19, are being sued by several companies for making available through P2P network various copyrighted items, including Hollywood movies and Nintendo's games.
   
  Source: CNETAsia

Written by dRD (12/3/2003 18:27)

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4 Dec 2003 5:08 PM boohooo, some one f!@#$% up..... HACKING FOR DUMMIES BOOK...... its a freenet, that cant be to hard for anyform of goverment to get into. duh....

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http://www.afterdawn.com/news/archive/4754.cfm

RIAA sues yet another 41 P2P users

 
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Related articles
· New lawsuits filed by RIAA (10/30/2003)
· RIAA warns 204 P2P users (10/17/2003)
· RIAA settles P2P lawsuits (9/30/2003)
· SBC challenges RIAA's subpoenas (9/16/2003)
· 12-year-old's mom settles with RIAA, P2P association pays the bill (9/10/2003)
· RIAA sues a 12-year-old (9/9/2003)
· Over 250 file swappers sued by RIAA (9/8/2003)
· RIAA wins over 800 subpoenas against P2P users (7/21/2003)
· Verizon forced to hand out subscriber details to RIAA (6/5/2003)
· RIAA contacts 300 U.S. companies (3/19/2003)
· RIAA files a lawsuit against Napster (11/15/1999)
 
 
  Recording Industry Association of America told to press that it has sued yet another 41 P2P users over alleged copyright infringements.
   
  RIAA started its latest manhunt against P2P network users in September and since sued almost 400 American P2P users.
   
  "This is an ongoing strategy, and the way to let people know that there is a risk of consequences is to continue the program," RIAA President Cary Sherman said. "You don't set up a speed trap for one day and stop enforcement thereafter. It has to be consistent."
   
  RIAA also stated that it has reached out-of-court settlements with 220 accused P2P users. This figure includes people who have settled with RIAA, whether they've have been sued or just threatened with RIAA's DMCA letters.

http://news.com.com/2100-1027-5113638.html

Should ISP subscribers pay for P2P?
Last modified: December 4, 2003, 4:55 PM PST
By John Borland
Staff Writer, CNET News.com

           
Several proposals to collect money from Internet service subscribers to pay for online music swapping are bubbling to public attention in the United States and Canada.

A trade group representing Canadian songwriters and music publishers argued in front of that country's Supreme Court on Wednesday that ISPs should pay into a nationwide pool--similar to a tax now imposed on blank tapes and CDs--to compensate copyright holders for widespread music downloading.

On Tuesday in Los Angeles, the Distributed Computing Industry Association (DCIA), a peer-to-peer industry trade group, proposed a related idea that would ultimately give file-swapping networks a service model similar to cable television. Under the early stages of the DCIA proposal, ISPs would collect a fee from anybody using file-trading software and distribute that pool of money to record labels, artists and music publishers.

The DCIA's suggestion was the second in a planned series of three alternative business models aimed at turning file-swapping networks into profitable distribution channels for music. The group is trying to bring record labels, ISPs and file-swapping companies together to discuss an end to the legal wrangling that has dominated the peer-to-peer world to date.

"We're conduits for other people's ideas," said Marty Lafferty, executive director of the DCIA. "We're trying to get three strong proposals together and start wrestling with them by January. We want to get a critical mass of ISPs, music companies and software companies who can say, 'Yes, let's move ahead with one of these.'"

The separate proposals each represent aspects of file-swapping ideas that have been widely discussed in academic circles, but largely rejected by the major music companies.

Dubbed "compulsory licensing," the broad idea would treat online music swapping more like radio listening than retail music buying. Record companies would be required to allow people to trade music but, in turn, would be compensated, much as music songwriters are paid when their songs are heard on the radio in the United States.

The proposal in the Canadian court, backed by the Society of Composers, Authors and Music Publishers of Canada, is more limited than this. Rather than explicitly legalizing file swapping, the proposal would simply implement a fee to provide songwriters ISP-collected royalties as a way to ameliorate potential losses from piracy. The idea has already been partially approved by a lower Canadian court, but only for those cases in which ISPs make temporary local copies or "caches" of content to speed downloads.

The proposal is bitterly opposed by telecommunications companies and ISPs in Canada, which say they are simply conduits of information, not distributors, and so should play no role in collecting royalties. They say the fee would increase Internet costs across the country.

The court is expected to take at least six months to rule on the case.

The DCIA plan is more ambitious. The group suggested putting a $5 surcharge on file swappers' monthly ISP bills in the initial stage and distributing that money largely to copyright holders. Even if some peer-to-peer users decided to stop using the software, the plan could raise nearly $2.5 billion a year, Lafferty said.

Under the plan, ISPs would have to install software such as that from Packeteer or other network-management companies that can identify which applications subscribers are using. Some portion of the fee would go to fund those activities, Lafferty said.

Later stages of the plan would evolve into a structure more like cable television. File swappers could subscribe to "channels" of encrypted content focused on a specific type of music for an extra fee. Ultimately, a top tier of service would be added in which subscribers could pay for individual, tightly copy-protected songs that would not be available at the free-trading lower service levels until a later date.

Both future phases of the plan would require strong encryption and digital rights management technology to be developed that would block the songs from finding their way into the unregulated file-swapping networks.

A previous plan floated by the DCIA looked more like the business model currently used by Brilliant Digital Entertainment subsidiary Altnet, one of the DCIA's founders. Under that plan, copy-protected files would be sold on file-swapping networks in early stages, but ultimately ISPs would install file-identification software inside their networks and bill file swappers for every song downloaded.

A third DCIA-proposed business model that focuses more on entertainment company interests, rather than ISPs or file-swapping software companies, will be released later.

The group's efforts have previously met with skepticism from a different file-swapping trade association, P2P United, which represents companies including Lime Wire, Streamcast Networks, Grokster and Blubster.

http://www.vnunet.com/News/1151320

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RIAA issues new lawsuits in P2P fight
By Dinah Greek [05-12-2003]
Total number of suits filed closes in on 400

 
  

The Recording Industry Association of America (RIAA) has filed its third batch of lawsuits against music file swappers.
This latest onslaught against users of peer-to-peer sites sees subpoenas issued to 41 people accused of uploading copyrighted music files.

While far fewer than the first two rounds, the new suits brings the total number of individuals sued by the RIAA to 382.

But the RIAA warns that there may be more to come as it has also sent letters to a further 90 people who are allegedly swapping files on sites such as Grokster and Kazaa.

The letters give these swappers the chance to reach a settlement with the RIAA before the cases go to trial.

Groupe Archambault, the Canadian equivalent to the RIAA, is also mulling over a similar initiative.

"This is an ongoing strategy, and the way to let people know that there is a risk of consequences is to continue the programme," RIAA president Cary Sherman said in a statement.

"You don't set up a speed trap for one day and stop enforcement thereafter. It has to be consistent."

The RIAA has reportedly settled for around $3,000 per person and has reached agreement with 220 people so far.

It said that this figure is made up of people who have already been sued, people who received notification letters and settled, and people who have decided to 'come clean' after warnings from their ISPs.

Users who signed up for the RIAA's amnesty will not be sued for file swapping in the past - provided they agree not to do it again.

But not everything is going the RIAA's way. Many ISPs are continuing to fight against the subpoenas, which will require them to identify file swappers who use their services.