Pirate Bay file-sharing defended

Found on BBC News on Sunday, 15 February 2009
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The Pirate Bay is the world's most high-profile file-sharing site and is being taken to court by media firms including Sony and Warner Bros.

Frederik Neij, Gottfrid Svartholm Warg, Peter Sunde Kolmsioppi and Carl Lundstorm have portrayed themselves as digital libertarians and say that they cannot be prosecuted for copyright theft because none of the content is hosted on their computer servers.

"It is legal to offer a service that can be used in both a legal and illegal way, according to Swedish law," Mr Samuelsson said at the opening of the trial, which is expected to last three weeks.

If Sweden should rule that TPB is illegal, then they may as well shut down Google since you can use it to look up information about terrorism, bomb-building and the always mentioned child pornography. Oh, and you can find copyrighted music and video via Google too. Let's see the content industry getting smacked on both cheeks. They have annoyed their customers (and everybody else) for long enough now. It's about time for them to adjust their business model; or go down. Personally, I hope for the latter.

Sniffing Out Illicit BitTorrent Files

Found on Technology Review on Wednesday, 11 February 2009
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According to its creators, the approach can monitor networks without interrupting the flow of data and provides investigators with hard evidence of illicit file transfers.

When the tool detects such a file, it keeps a record of the network addresses involved for later analysis, says Major Karl Schrader, who led the work at the Air Force Institute of Technology, in Kettering, OH.

"Our system differs in that it is completely passive, meaning that it does not change any information entering or leaving a network," says Schrader.

Also, that tool cannot deal with encrypted traffic and fails to handle a data flow of over 100MBit/s. Plus, it's illegal to monitor users; that's wiretapping. Furthermore, every cheap switch can copy all traffic to a monitoring port where a protocol analyzer can sniff the packets, so this is hardly new. This fails at so many levels that it's amazing. Not only that, but also a total waste of time.

Will the New RIAA Tactic Boost P2P File Sharing?

Found on Slashdot on Saturday, 31 January 2009
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The RIAA's claim that it'll stop suing people may have serious consequences... for the RIAA. When it dropped its attack on seven University of Michigan students, Recording Industry vs. The People wondered if the move was linked to three investigations, with MediaSentry as the target, before Michigan's Department of Labor and Economic Growth.

Is there anything the RIAA can do to reduce illegal file-sharing without generating massive amounts of bad publicity?

No. Simply because filesharing has left the shady grey areas it once had and evolved into something perfectly normal in the eyes of your everyday Internet user. Books, trains, electricity... all of those were once deemed evil and dangerous. Today, people don't even think about that anymore; and if they do, they laugh about how small-minded and scared the ancestors have been.

Report Claims 95% of Music Downloads Are Illegal

Found on Slashdot on Friday, 16 January 2009
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The International Federation of the Phonographic Industry (IFPI) press release claims that 95% of music file downloads in 2008, an estimated 40 billion files, were illegal.

Collating separate studies in 16 countries over a three-year period, IFPI estimates over 40 billion files were illegally file-shared in 2008, giving a piracy rate of around 95 per cent.

I hope nobody missed that one word: estimates. So, in other words, they guessed it. An honestly, if you have to pick a percentage which will be used to support your reasoning for knee-shooting customers legally, then you will make sure to pick a good number. So, you have to take this little report with more than just a grain of salt. Update: The IFPI says that 18% of the Internet users share music. So the remaining 82% buy the 5% music that's not shared and the 18% share 95% of the music? Oh please, if you make up numbers, at least try to be plausible.

NIN's CC-Licensed Best-Selling MP3 Album

Found on Creative Commons on Monday, 05 January 2009
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Aside from generating over $1.6 million in revenue for NIN in its first week, and hitting #1 on Billboard's Electronic charts, Last.fm has the album ranked as the 4th-most-listened to album of the year, with over 5,222,525 scrobbles.

Even more exciting, however, is that Ghosts I-IV is ranked the best selling MP3 album of 2008 on Amazon's MP3 store.

NIN fans could have gone to any file sharing network to download the entire CC-BY-NC-SA album legally. Many did, and thousands will continue to do so.

The next time someone tries to convince you that releasing music under CC will cannibalize digital sales, remember that Ghosts I-IV broke that rule, and point them here.

I'm already awaiting the RIAA statements on this one...

Music Industry to Abandon Mass Suits

Found on Wall Street Journal on Thursday, 18 December 2008
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After years of suing thousands of people for allegedly stealing music via the Internet, the recording industry is set to drop its legal assault as it searches for more effective ways to combat online music piracy.

The trade group said it has hashed out preliminary agreements with major ISPs under which it will send an email to the provider when it finds a provider's customers making music available online for others to take.

Under the new strategy, the RIAA would forward its emails to the ISPs without demanding to know the customers' identity.

I'm not really sure if this approach is better or not. Delivering a pseudo-legal notice to every John Doe the RIAA can find is like walking on thin ice. Especially since in the past, they have often sued innocent people who didnt share any files at all. They will probably start scanning P2P networks and send every IP to each ISP who shared a single audio file, no matter if it's copyrighted or not.

Spore's DRM So Effective It Was The Most Downloaded Game

Found on Techdirt on Friday, 05 December 2008
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It never really made sense for EA to be so insistent on having draconian DRM on games. Before the company even launched Spore people made it quite clear the plan would backfire, but EA went forward with it anyway, creating a PR nightmare.

Spore has now been declared the most downloaded video game of the year.

The company got a huge PR blackeye which probably only encouraged more people to download the game via file sharing.

That's not really a surprise; DRM had always a bad name and every example that hit the news made it even worse. Incompatibilities, crashes, installation nightmares and rootkits, we've seen it all. There was not a single case where DRM was a success. So no wonder people watch out when DRM is involved. An interesting thought is that DRM might not be designed to stop piracy at all, but to castrate the second hand market; especially those with unique IDs and installation limits.

Tennessee anti-P2P law to cost colleges over $13 million

Found on Ars Technica on Tuesday, 18 November 2008
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Championed by the RIAA, who pointed to the University of Tennessee's no. 4 position on the list of top music piracy schools, and the MPAA, which noted the school's no. 19 spot on its infringement list, the law will force both public and private schools in the state to implement policies to prevent and prohibit copyright infringement on campus computers and networks.

The Tennessee Board of Regents will have to spend nearly $2.8 million for software, over $6.5 million for hardware, and hire 21 full-time employees at a cost of $1.575 million annually.

The RIAA is understandably elated at the passage of the bill, and why not? It forces schools to crack down on copyright infringement at no cost to the industry, and sets a disturbing legislative precedent for other states to follow.

Automated infringement-detection systems really don't work that great: researchers at the University of Washington were able to attract almost 500 bogus DMCA takedown notices, some of which were directed at three networked printers.

Unless the college wants to stop all P2P traffic, this plan is designed to fail. Filesharing has a lot of legal uses, like the distribution of Linux releases. The vast majority of today's clients support obfuscation and protocol encryption by default; and that would make the filtering pointless.

China Hijacks Popular BitTorrent Sites

Found on TorrentFreak on Saturday, 08 November 2008
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Several reports came in from China, indicating that popular BitTorrent sites such as Mininova, isoHunt and The Pirate Bay had been hijacked.

People in the Beijing area who attempted to access the sites were promptly redirecting to Baidu, China's Google.

According to some sources, there was never an attempt to censor the BitTorrent sites, claiming that a DNS error cause the problems. This doesn't seem very plausible though, as the diversions almost exclusively involved P2P related sites, which are hosted right across the globe.

That's another way to get traffic. The hijacks may sound harsh at first, but then, it's China we're talking about. You can expect anything from that censorship regime. They get away with all that easily because they don't care about political pressure and financial pressure won't work; also, investors close their eyes and bend over to get cheap slaves in China.

The Pirate Bay Clashes with Book Publishers

Found on TorrentFreak on Tuesday, 30 September 2008
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The Swedish book publishers organization recently issued a report in which they revealed that 85% of the best-selling books in Sweden are available on The Pirate Bay.

In the report they write that they had to code a specialized tool to scrape the Pirate Bay database for book titles, since there were no ready-made tools available.

Peter Sunde is now arguing that they were breaking the law by scraping the site multiple times without permission. "The Pirate Bay actually owns the copyright to its own database of torrents," Sunde writes on his blog.

This really made me laugh. I wonder if some people will scratch their heads now.