P2P networks

January 22, 2008

SF Chronicle on RIAA lawsuits: swing and a miss.

Ico_riaaover_2 Today’s San Francisco Chronicle fronts the Business section with a piece on the RIAA lawsuits, focusing on a UC Santa Cruz student who has received one of the many thousands of pre-litigation letters sent out by the record companies.

In these dark days for the newspaper business, lots of editors are spending time figuring out how to capture the attention of younger readers. I can’t understand why they wouldn’t pay more attention to the RIAA litigations over music downloads. It’s an issue every young person in the country is at least aware of, and whatever side you come down on, it certainly strikes me as a novel and newsworthy story. But the newspapers haven’t covered it much, and it’s no wonder they’re having their lunch eaten by online coverage from sites like Wired's Threat Level blog and Ars Technica.

Not coincidentally, the coverage in those outlets is far more skeptical of the RIAA’s actions. The Chron’s writer, Verne Kopytoff, certainly lets the accused student have her say here, but the article is missing an important adjective (or two) in its broad description of peer-to-peer networks. Take this passage (emphasis mine):

The crackdown is part of a broader, yearslong effort by the association to curb online music sharing, a wildly popular practice that allows consumers to download music for free through online services Limewire, Ares and Gnutella. Called peer-to-peer, or P2P, networks, the services allow users to tap into and download songs from other users' collections. Adhering to copyright laws is left up to the users.

Music companies complain that file sharing, which violates copyright laws, is cutting into their profits, and they point to falling album sales as evidence.

All file sharing? Like, the Word documents I send to my editor? It would have been easy to specify that it was illegal file sharing that violates copyright laws. Legal uses of peer-to-peer technology are growing by the day. Consider Vuze, which uses the BitTorrent protocol to move high-definition video quickly and legally over the Internet, including TV programs from CBS-owned Showtime.

As a journalist, I appreciate the bind of having a very short amount of space to explain a complex idea. But this is just too vague; a little specificity--indeed, just one extra word--would have gone a long way. And of course "file sharing" is not synonymous with "music sharing," but, one thing at a time.

What should parents and students do about the dangers of file-sharing? The Chron’s tip box says, “Don’t share you (sic) computer with others."

That's a sad conclusion to reach. But maybe I'm biased. I confess to a long and complicated relationship with tip boxes and the editors who love them.

Having said all that, I give the Chron points credit for at least covering the story, which got over 100 comments despite the fact that it was buried deep in their Web site.

The most interesting fact was this: even though she has not yet been sued, an unnamed collection agency has already called her parents urging them to pay up. Urging someone to accept a particular settlement offer sounds more like legal advice than debt collection, and I wonder how that squares with the federal debt collection law. Allowing someone to try to collect a $3,000 "debt" and then asking for much more at a trial sounds like getting two bites at the apple.

November 14, 2007

Congress to Universities: Stop the downloads, or else.

96edwork024 Not long after I arrived at the Daily Journal in July, Sen. Harry Reid, D-Nevada, tried to attach an amendment to the higher education funding bill that would have created a top-25 list of the universities with the most illegal downloads. The amendment was quickly ditched under pressure from education lobbyists; opponents complained that this would be a “hit list” authored by entertainment industry trade groups like the MPAA and RIAA.

Now CNET reports that a Congressional committee is set to pass a 747-page bill this afternoon that’s quite a bit kinder to Hollywood, and it looks like it will pass over the universities' objections. Also blogged yesterday at NYT.

Under the bill now being debated, universities would have to make some moves towards tighter control over peer-to-peer networks. Schools would have to support initiatives to help reduce illegal downloading (p. 476), start working on an "alternative" system, and explore “technology-based deterrents.” (p. 412)

Top_morpheus_logo Speaking of technology-based deterrents, I reported a few weeks ago that U.S. District Judge Stephen Wilson is mulling over the installation of a copyright filter on the Morpheus software used by StreamCast Networks. (“Shifting the Digital Media Landscape,” Daily Journal 10/25/07) StreamCast is the last defendant in the MGM v. Grokster litigation; the others went out of business after losing at the Supreme Court. MGM Studios Inc. v. Grokster Ltd., 01-8541.

Andrew Bridges, the Winston & Strawn partner who was formerly a lawyer for StreamCast but has since moved on, compared Wilson’s order to the civil-rights busing cases—“The court has scheduled its intention to take over a business,” he said.

Perhaps what we're seeing today is similar copyright activism from another branch of government. In the upper house, Sen. Leahy has revived a bill beloved by the content industries, which would allow federal law enforcement to file civil lawsuits for copyright infringement.

With universities and FBI agents on your side, who needs IP lawyers?

November 07, 2007

Metaphor watch: 'Pirate' label survives Radiohead

As of last week, half a million users had downloaded Radiohead’s new album over the BitTorrent network, even though it was released as a “pay what you want” album that could be downloaded from the band's web site-- legitimately--for free.

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I've noticed that some news outlets have continued to call unauthorized downloads of the new Radiohead album "stolen" or "pirated" even though the band clearly knew they were throwing at least some of their mp3's overboard, so to speak.

"Free? Steal it anyway," quipped Forbes, in a piece that exposed the "hard-core music pirates" who "chose to steal music they could legally download for any price."

Are these still the right terms to use? The copy editor within me (deep, deep within) wonders. Forbes seems to think there's no freebies allowed in capitalism. Like no crying in baseball.

Other news outlets pointed out that much of the "stealing" may have happened when Radiohead's web site was overwhelmed with traffic. It appears that other British musicians will follow Radiohead's lead, hard-core pirates notwithstanding.