Docs Reveal Kazaa Logging User Downloads

Found on Slashdot on Sunday, 06 February 2005
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The most explosive documents in the ongoing Kazaa court case have emerged today, including logs of discussions between parent company Sharman and the Estonian developer of the Kazaa Media Desktop.

APC Magazine journalist Garth Montgomery, who has covered every day of the trial in the Australian Federal Court, says: "In a nutshell, this has got to rate as the most explosive document revealed. It makes it damn near impossible to maintain the separation theory that Sharman and Altnet rely on in terms of business independence and technical infrastructure. The control they exercise over the system is complete."

Those documents are indeed interesting. They show that Kazaa is not really backing the P2P; it's more interested in making money (what, of course, most companies want, but read on).

"Reporting will make KaZaA a 'spyware', as soon as it becomes evident that we record downloads and playbacks users will flee to competitive networks.
(...)
One can argue that we have knowledge of copyrighted material being downloaded in our network and have to install filters.
Of course we won't know about downloads and playbacks of non signed content but it doesn't make difference because
1. it is hard to communicate this to users and lawyers
2. if we are reporting signed files, then technically we could do same for any file
(...)
In order for the sponsored files to be rapidly found on P2P searches they'll need to be pushed out onto supernodes - we'll need to set up a mechanism for doing this.
(...)
We need to balance carefully our business needs and KaZaA's reputation. For example Morpheus has 47M downloads vs. KaZaA's 32M only because KaZaA included 'Spyware' bundles and it's reputation suffered because of that. If we do both stats reporting and file pushing (and it will become public) it is likely that KaZaA's user base will start to decline. Also RIAA and MPAA might take advantage of that situation."

So much for being on the side of the filesharers.

Deceased woman named in file-sharing suit

Found on Charleston Gazette on Friday, 04 February 2005
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Gertrude Walton of Fayette County hated computers, her daughter said.

More than a month after Walton was buried in Beckley, a group of record companies named her as the only defendant in a federal lawsuit. They claimed Walton made more than 700 pop, rock and rap songs available for free on the Internet under the screen name "smittenedkitten."

On Thursday, a spokesman for the Recording Industry Association of America acknowledged that Walton was probably not the smittenedkitten it is searching for.

"Our evidence gathering and our subsequent legal actions all were initiated weeks and even months ago," said RIAA spokesman Jonathan Lamy. "We will now, of course, obviously dismiss this case."

The case demonstrates the imperfections of the record industry's two-year old effort to hunt down and sue people who put hundreds, even thousands, of copyrighted songs onto file-sharing networks on the Internet.

Every day, there's a new problem with those lawsuits. The industry should stop their crusade, which is doing more harm than good to everybody (if there wasn't the greed). I am a little disappointed that the industry gave up so easily. Perhaps she faked her own death to avoid a lawsuit? Some people are desperate, you know...

Project Honeypot aims to trap spammers

Found on New Scientist on Thursday, 03 February 2005
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After years developing anti-spam technology and drafting legislation to outlaw spammers, the delegates at MIT's annual Spam Conference in Boston were overjoyed to see the culprit nailed.

Jeremy Jaynes was found guilty last November by a state court in Leesburg, Virginia, of sending more than 10 million unsolicited emails a day. He was hawking pornography, work-at-home schemes and stock-picking software. The spams are estimated to have earned him around $750,000 a month. He is now on $1 million bail, forbidden from using the internet and will be sentenced this month. The jury has recommended he gets a nine-year jail term.

Jaynes's operation was run from a chaotic office in Raleigh, North Carolina. Cabling to 16 high-speed internet links snaked everywhere and there were CDs packed with spammed email addresses and servers holding spam emails. Even as the police arrived, spamming was in progress.

Project Honeypot, the brainchild of Chicago lawyer Matthew Prince, is taking advantage of a clause in the CAN-SPAM act that makes harvesting email addresses for spamming purposes illegal.

If I didn't mix up a few zeros, this means that spammers make 7.5 cent with every email. Not a bad income. No wonder spam keeps rising. As I said earlier, don't just try to block spam, also try to block their money.

Hefty fine for French downloader

Found on BBC on Thursday, 03 February 2005
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A schoolteacher in France has been fined 10,200 euros (£7,033) for illegally swapping hundreds of music albums on the internet.

Officials said he was one of the worst offenders for sharing music online, making available up to 10,000 songs.

He also had his computer confiscated and was ordered to take out newspaper advertisements announcing the verdict and punishment.

The court case came as 70 musicians, academics and politicians signed a petition calling for a halt to legal action against people who download music for their own use.

"Like at least eight million other French people, we have also downloaded music online and are thus part of a growing number of 'criminals'. We ask that these absurd lawsuits stop," the petition published in the Nouvel Observateur states.

What is by far more interesting than the lawsuit itself is the reaction of musicians. They don't want the music industry to sue people. So, if we sum it up, the users don't want to be sued, and the musicians don't want those lawsuits as well (although the industry says it protects them). Everybody could be happy and sharing if it wasn't for the industry, who is just doing what it wants.

Zombie trick expected to send spam sky-high

Found on CNet News on Wednesday, 02 February 2005
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According to the SpamHaus Project--a U.K.-based antispam compiler of blacklists that block 8 billion messages a day--a new piece of malicious software has been created that takes over a PC. This "zombie" computer is then used to send spam via the mail server of that PC's Internet service provider. This means the junk mail appears to come from the ISP, making it very hard for an antispam blacklist to block it.

ISPs in the United States may have already been hit. "We've seen a surge in spam coming from major ISPs. Now all of the ISPs are having large amounts of spam going out from their mail servers," Linford said.

Linford predicts that ISPs will see a growth in the volume of bulk mail they send and receive over the next two months, with spam levels rising from 75 percent of all e-mail to around 95 percent within a year.

It never ceases to amaze me that spam actually works. People always complain, yet enough buy the advertised crap. Obviously, trying to block the spam itself doesn't work, so other approaches should be tried. Banks could join too and track the money. With a little change of their TOS, it would be possible to freeze bank accounts of spammers and the advertising companies. This would hurt them more than a few blocked emails.

Sex and the single robot

Found on The Guardian on Wednesday, 02 February 2005
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Scientists have made them walk and talk. There are even robots that can run. But a South Korean professor is poised to take their development several steps further, and give cybersex new meaning.

Kim Jong-Hwan, the director of the ITRC-Intelligent Robot Research Centre, has developed a series of artificial chromosomes that, he says, will allow robots to feel lusty, and could eventually lead to them reproducing. He says the software, which will be installed in a robot within the next three months, will give the machines the ability to feel, reason and desire.

Kim said: "Robots will have their own personalities and emotion and - as films like I Robot warn - that could be very dangerous for humanity. If we can provide a robot with good - soft - chromosomes, they may not be such a threat."

That's going to be... interesting. "Plug it in" will get a whole new meaning.

False Alarm, Connecticut Not Being Evacuated

Found on Westport Now on Tuesday, 01 February 2005
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Connecticut emergency management officials have apologized for an erroneous message sent to state broadcasters today saying an evacuation of the state had been ordered.

State emergency management officials believe someone pressed the wrong button.

Instead of running a test of the emergency alert system, midday television viewers and radio listeners were told that the state was being evacuated.

"There is absolutely no evacuation or state emergency," said Kerry Flaherty, of the Office of Emergency Management. "It was an erroneous message."

The department was investigating how the alert was sent.

"Oooohhh... what does this shiny red button do?" I would not want to be the guy who pressed it.

Can-Spam Increased Spam

Found on Slashdot on Monday, 31 January 2005
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According to New York Times, spam has actually gone up [Free registration required. You gave real info, right?] since the CAN-SPAM act went into effect. There is a graphic in the article that illustrates this increase. Before the CAN-SPAM act was passed, spam was about 60% of all e-mail traffic. Now it's 80%. In a we-told-you-so quote, Steve Linford, the founder of the Spamhaus Project, says CAN-SPAM legalized spam by giving bulk advertisers permission to send junk e-mail as long as they followed certain rules. Slashdot covered this story last year. For companies that offer offshore "bulk advertising" servers, business is booming. A survey from Stanford University estimates the global cost of spam in terms of lost productivity to be at 50 billion $ and 17 billion $ in the US alone. CAN-SPAM does give prosecutors some leverage to go after the merchants - but it must be proved that they knew, or should have known, that their wares were being fed into the illegal spam chain.

That's what happens when you let a bunch of clueless politicians try to rule the Internet (with emphasis on try). So many said that CAN-SPAM will change nothing; well, obviously they were wrong... CAN-SPAM did change the amount of spam, but just not like it was planned.

Music industry sends dissuasion to heise online

Found on Heise on Sunday, 30 January 2005
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On behalf of several major firms in the music industry (BMG, edel, EMI, Sony Music, Universal Music and Warner Music), the Waldorf law firm of Munich sent Heise Zeitschriften Verlag a dissuasion this Friday.

According to the music industry, simply providing a link to the start page of the web site of a copying software manufacturer constitutes a violation of this law. Furthermore, Heise Verlag is accused of having provided "instructions on how to get around anti-piracy measures" in the above news item.

As Dr. Thorsten Braun, legal adviser at the German Association of the Phonographic Industry, put it, "Freedom of the press is not a carte blanche: instructions and tips on how to perform illegal acts are inadmissible and have nothing to do with serious reporting."

"The article contains neither instructions, nor advertising. On the contrary, it is expressly stated that the use of this software is illegal in Germany. Providing a link to a manufacturer's web site goes without saying in online reporting and is completely irrelevant anyway in light of the fact that our readers are familiar with and know-how to use Internet search engines," explains Christian Persson, editor-in-chief at heise online.

Wait... there just was something similar in Norway yesterday. What's with all those tries to gag websites recently? The music industry is going way to far with that. I guess that also means that talking about the "shift key copy protection crack" or "text marker un-protection" is considered illegal now.

Norwegian student fined for MP3 links

Found on The Register on Saturday, 29 January 2005
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Norwegian student Frank Allan Bruvik has been fined $15,900 for providing links from his website, Napster.no, to MP3 files hosted elsewhere, the Associated Press reports.

The Court found that he had violated copyright law by helping netizens to locate forbidden files. In other words, by linking, Bruvik was assisting in an illegal act.

An appeals court earlier had found that he did not violate copyrights because he did not host, or "publish", the files, but merely made reference to sites where the files were already accessible. Those who had actually published the files are the ones liable:

"The Court of Appeals finds that copyright infringement violating the rights of the copyright holders were committed when the works were made accessible for the public by those who uploaded the files to an open network of computers."

The High Court reversed the appellate decision, and left the case as it was decided by the original district court.

Linking to other sources should never be illegal; the decision is a violation of the right for free speech in my opinion. As soon as courts begin to fine people for links, authors while start to hesitate when it comes to linking. And that's the beginning of the end of information distribution. That decision would mean that every webmaster has to review the links every few weeks to make sure they are not pointing to anything copyrighted. For those who say that he was probably linking directly to the files: it's not that far away.