RIAA and P@P solution, easy why didn't they think about this

[Softgod]

ith almost any software these days you have to AGREE with the EULA. With that said why don't they just update there EULA to say something like, "if you work for or with the RIAA you cannot install this software".

That way Kazza and the other could sue the RIAA.

I am not a lawyer or anything so I have no idea how this would actually work but it seams that there is some legal ground here.

[Softgod]

Also, I tried to get into the General chat with this but it said that I do not have enough posts. If this belongs there please move it but make it so I can read the responces.

[bluestreakLB]

ISP's arnt allowed to hand over the contents of what their costomers are looking at...but it was done.

[bubba gump]

Well, IIRC they aren't using the actual KaZaA program. They are sorta using a fake thing and then tracing the users back by when they try to get somehting/when they find they are sharing songs....

I could be wrong, but I think this is how they are doing it. They are just searching the FastTrack/Gnutella networks...

Fold and Frag on
Brain

[XWRed1]

There aren't using the P2P software. They are using custom software to connect to the P2P networks.

[UnseenMenace]

Originally posted by XWRed1
There aren't using the P2P software. They are using custom software to connect to the P2P networks.

I wonder if it would be possible to say in a court of law that beause the RIAA are not using the approved software that they are in fact using system exploits to access the service and as such hacking ?

[Softgod]

I want to know where the FastTrack/Gnutella people are in this. If there system is getting hacked they why they are not sueing the RIAA. It seams that they have to power to do that.

[Softgod]

Also, if they were to try and sue me I think that I would want to file a counter suit, if they knew that I was sharing then that means that they were in my comuter without my permission...correct?

[William]

Originally posted by Softgod
I want to know where the FastTrack/Gnutella people are in this. If there system is getting hacked they why they are not sueing the RIAA. It seams that they have to power to do that.

They very well might have the power, but they most likely don't have the money.

[bubba gump]

They did not have to be accessing your computer, they could just have the logs/lists of the files that you were sharing.

In no way do they have to have access your computer.

Fold and Frag on
Brian

[DaveSauce]

Well, EULAs and contracts mean nothing these days....they are constantly being broken in courts. They're more of a request than a legal statement.

Anyway, the RIAA has been tearing down consumer-rights laws for a while now....what makes you think an EULA will stop them?

[Softgod]

In no way do they have to access your computer.

They would have to to get a list of the files that I was sharing.

Also, just to make this clear, I am not sharing any files, this is all just for information purposes. I use Kazza to send large music files to another guy over. Not music like songs that you are thinking but music that we are producing.

[bubba gump]

Softgod >> Is the network really getting hacked? All the RIAA Is doing is just using a application someone made that will connect to the network and grab the IP adresses from the users whom are listing the files. I wouldn't say its hacking, its just using a different "client" to connect through the same server

BTW, thanks for quoting me....I just noticed an error in what I said :)

Fold and Frag on
Brian

[cbakey]

If the ISPs have illegaly given out information about what the end user has been doing than, could the end user sue the ISP?

[DaveSauce]

no, they can't, because money rules the courts. The RIAA subpeonaed (sp) Verizon in order to get the name of a customer who's ISP matched that which was cought illigally sharing music. Verizon refused, because it is their policy (as is it everyone's policy) not to give that information away. Welllllll the RIAA took it to court, and seeing as large corporations determine the laws in this country, they won and Verizon was ORDERED BY THE COURT to violate the rights of the consumer.

I don't know how many other ISPs have been ordered as such.....but I know it's not all of them. However, the court precedence is there, so if your particular ISP hasn't had to give out that information, should the need arise, they will have to, or face a very very fast court battle (in which they will lose).......

[Softgod]

OK, so they are basicly using a program to get a list of files, that I would be sharing...off of MY hard drive. That means that they have to be looking at my drive in some form or another, they do not have my permission so to me that is hacking. I just hope that the court sees it that way for some of these people that are getting sued and I hope that atleast one of them sues the RIAA.

But then again, even if you did successfully sue them I am not sure what your would get since they are not causing any damage to the system.

[bubba gump]

There application is doing nothing that KaZaA doesn't. All it is doing is using the network/client established "services" to get a list of files from each user/file matching so and so name.

If you were to sue them for "hacking" then you could sue anyone who was using the Gnutella/FastTrack/ANY P2P app for the exact same thing.

It is not a form of tresspassing, because thousands of others do the same thing...you wouldn't win even if it was tresspassing...

Fold and Frag on
Brian

[cbakey]

So, basically it comes down to who has more money, and that means that we dont live in a free nation, we have rights and the should be up held. There is no reason for huge compantys to be able to walk all over everone and get away with it. Seeing how the user agrements have been violated by the ISP being forced to share the inforamtion, would inturn show proof that the Courts of the United States are violating our civil rights, the rights that we have as being citiziens of the United States of America.

[Softgod]

It is not a form of tresspassing, because thousands of others do the same thing...you wouldn't win even if it was tresspassing...

I have not seen a P2P give out IP information before.

[JigPu]

A P2P need not give out IP information. All they need is a packet sent from your computer, and voila, instant addition to thier hit list :D

I wouldn't consider what the RIAA is doing to be hacking. I'm not up on how the KaZaA network works, but most P2P networks (AFAIK) create a shared file listing that they then upload to other computers. When a search request is submitted, it is sent to several computers acting as servers (supernodes??) where they compare the search request to all the lists of uploaded files. When they find a match, they signal the searcher's computer with the IP address they can find it at (or some other way to get the file).

If you acted as a supernode, you MIGHT pull it off, but since they aren't actually breaking into your computer to get the shared files, the probability is very slim. It would be like suing a person who pings you because they sent your computer a request for a pinged packet, and your computer complied. The searcher sends a request to your computer (as a supernode) for data, and your computer complies.

JigPu

[bluestreakLB]

Does moving your files to a "hidden" (by hidden i mean not the shared folder) protect you from this jig?

[JigPu]

It should. Unless they are actually hacking your box, or the software decides to share everything regardless of what you say :D

JigPu

[FireMogle]

Originally posted by bluestreakLB
Does moving your files to a "hidden" (by hidden i mean not the shared folder) protect you from this jig?
They are targeting people who share Mp3 right now, so if you arent sharing them they wont even bother looking.

[XWRed1]

Its a pretty good strategy for them... I hear that Kazaa & friends are alot weaker now because alot less people are sharing.

[ashenfang]

Originally posted by cbakey
So, basically it comes down to who has more money, and that means that we dont live in a free nation, we have rights and the should be up held. There is no reason for huge compantys to be able to walk all over everone and get away with it. Seeing how the user agrements have been violated by the ISP being forced to share the inforamtion, would inturn show proof that the Courts of the United States are violating our civil rights, the rights that we have as being citiziens of the United States of America.

Thats the problem with the world we live in today. The people with the money make the laws.

[bluestreakLB]

Originally posted by ashenfang


Thats the problem with the world we live in today. The people with the money make the laws.

Thats the problem with this countries campaign finance polcies...but thats really a topic for another board, or the PM's :D

[Softgod]

Yes, I should be paid royalties

Kazaa Sues Record Co.:
Kazaa sues record companies in a pretty funny turn of events. The argument sounds like it could get them a little action in the courts though.


Kazaa, filed a federal lawsuit Monday accusing the entertainment companies of using unauthorized versions of its software in their efforts to root out users. Entertainment companies have offered bogus versions of copyright works and sent online messages to users. Sharman said the companies used Kazaa Lite, an ad-less replica of its software, to get onto the network. The lawsuit also claims efforts to combat piracy on Kazaa violated terms for using the network.

[TyRex]

That actually sounds like it could almost hold up in court, do you have a link to this article???

[Softgod]

http://www.cnn.com/2003/TECH/biztech/09/24/kazaa.sues.ap/index.html

It was actually ripped from the cover of Hardocp.com but it fir with what I had posted here earlier. This is kind of cool, I thought this up a few days before the story came out.