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State bill could cripple P2P - Criminal Liability for Manufacturers
c|net News ^ | January 18, 2005 | John Borland

Posted on 01/19/2005 3:49:43 PM PST by Nice50BMG

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I immediately began to think of all of the implications this kind of bill might have on all kinds of manufacturers. We've seen liability lawsuits in the firearms manufacturing industry, but now software vendors have to be concerned about Jail Time!
1 posted on 01/19/2005 3:49:45 PM PST by Nice50BMG
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To: Nice50BMG

Unsurprising, to say the least.

Unfortunately, it's not the fault of the P2P developers that people are misusing their product. It's the people sharing the copyrighted material themselves, and punishing the software makers for the misuse of its product is both wrong and stupid. After all, have Linux developers been sued because their OS runs an inordinate number of hackboxes and FTP topsites?

This is the full reason copyright violations are so hard to crack down on...


2 posted on 01/19/2005 3:53:26 PM PST by K1avg (Dino for Senate '06!)
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To: Nice50BMG

If both the uploading and downloading take place outside the state, they wouldn't even have the authority to regulate that would they?


3 posted on 01/19/2005 3:53:28 PM PST by rmmcdaniell
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To: Nice50BMG

It won't get past the Supreme Court when challenged.

P2P will simply move off the radar. It will go pc-2-pc. That technology already exists and is next to impossible to find unless they actually search every hard drive. And newgroups will continue.

The elected officials who introduce such legislation don't have a good understanding of technology. This isn't much different than Senator Hatch advocating blowing up pc's that download music.


4 posted on 01/19/2005 3:55:27 PM PST by TomGuy (America: Best friend or worst enemy. Choose wisely.)
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To: K1avg

I wonder... if someone uses Microsoft's Internet Explorer to download child pornography, will Bill Gates go to jail for the criminal use of his product? I mean, he had to know people could download kiddie porn!


5 posted on 01/19/2005 3:56:00 PM PST by Nice50BMG (Bush won the Cold War against the 1960's hippies.)
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To: Nice50BMG
When did we in this country start punishing people for what they might do? Or for what other people they have no control over might do with their products.

I always though in a just society, you have to actualy commit a crime to be punished.

6 posted on 01/19/2005 3:57:01 PM PST by pillbox_girl
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To: Nice50BMG
If someone commits a hate crime though the internet, will they put Al Gore in jail?
7 posted on 01/19/2005 3:57:30 PM PST by Nice50BMG (Bush won the Cold War against the 1960's hippies.)
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To: TomGuy
It will go pc-2-pc. It's already here. It's called BitTorrent.
8 posted on 01/19/2005 3:58:37 PM PST by K1avg (Dino for Senate '06!)
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To: Nice50BMG
requires file sharers who send a copyrighted work to at least 10 people to provide a valid e-mail address or risk jail time

What a silly notion. File sharers don't "send" copyrighted work to anyone. The files just sit there on their computers for the taking.

9 posted on 01/19/2005 4:01:17 PM PST by flada (My other tagline is a Mercedes Benz.)
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To: K1avg

Many of the public Bit Torrent websites were taken down a couple weeks ago.

[Others went private, invite only. lol.]


10 posted on 01/19/2005 4:02:24 PM PST by TomGuy (America: Best friend or worst enemy. Choose wisely.)
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To: rmmcdaniell

They make up authority as they go.


11 posted on 01/19/2005 4:04:57 PM PST by mlc9852
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To: pillbox_girl

They have invented new definitions of crime now. For example, hate crime.


12 posted on 01/19/2005 4:05:42 PM PST by mlc9852
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To: K1avg

P2P networks are built for the purpose of distributing copyrighted works. I can agree that developers shouldn't be prosecuted for writing the software...but c'mon.


13 posted on 01/19/2005 4:06:56 PM PST by Doohickey ("This is a hard and dirty war, but when it's over, nothing will ever be too difficult again.”)
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To: TomGuy

The official who introduced this is milking the MPAA and RIAA for campaign contributions. This has nothing to do with rights this has everything to do with the best legislators money can buy.


14 posted on 01/19/2005 4:07:08 PM PST by longtermmemmory (VOTE!)
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To: Nice50BMG

lets prosecute match makers for every arson created!

We can get a class action going and include the little match girl too!

(sarcasm off)


15 posted on 01/19/2005 4:14:02 PM PST by longtermmemmory (VOTE!)
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To: Nice50BMG

Forget arms manufacturers, this affects real people today.

About three years ago I had a client approach me with a problem. They had about 50 staff members who were constantly drafting and editing documents and were running into all kinds of version control and access problems. They'd tried implementing a file server but ran into problems with people keeping it synchonized. They looked into a professional CMS, but their small company was turned off by the $30k to $50k price tags that most of the markets players seem to want.

My solution was simple. I dusted off an old C++ FTP client that I'd written years ago and added in the ability for it to authenticate against and search multiple servers at once. I then added a simple server client to the application, wrote a rudimentary search and sorting routine, and covered it up with a standard Windows UI.

Now, whenever anybody logs onto the network, their local application uploads a login token to a central server. The other clients automatically see the new token, index the new clients shared folder, and add the new clients files to their "Available Files" list. When a user on another PC wants a file, they simply have to select it from the list without any worries over which client it's located on, or whether another user has it checked out.

It's essentially a very simple network file management system, but under current law it's also a P2P client. Even though the application makes use of some OSS code and I'd like to share it with the public, I can't thanks to the threat of being sued. All it would take is one yahoo adding a distributed directory service to the program, and you'd have a P2P client with functionality rivaling Gnutella. I can't afford to be named as a party to a copyright suit, so a genuinely useful program sits on a CD, gathering dust.


16 posted on 01/19/2005 4:32:15 PM PST by Arthalion
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To: TomGuy
P2P will simply move off the radar. It will go pc-2-pc. That technology already exists and is next to impossible to find unless they actually search every hard drive. And newgroups will continue.

Yeah - everyone seems to have forgotten about god ol' Usenet. It's still there, and still functioning.

Personally, I don't download movies - the quality is crappy, and you don't get all the extra goodies you get with DVD releases.

17 posted on 01/19/2005 5:38:34 PM PST by FierceDraka ("SO SAY WE ALL!")
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To: TomGuy
Many of the public Bit Torrent websites were taken down a couple weeks ago.

I read an article about Bittorrent, and downloaded the software. I thought it was a P2P client, but it's only for WWW sites. So, I ditched it within 15 minutes of installing it.

18 posted on 01/19/2005 5:41:17 PM PST by FierceDraka ("SO SAY WE ALL!")
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To: Nice50BMG

You can buy a 200 million dollar movie for 15 bucks. You can buy a $500,000 CD of music for 20 bucks. We are getting ripped off. Thats why I haven't bought music for a long time. I know, I'm comparing apples and oranges.


19 posted on 01/19/2005 5:49:25 PM PST by US_MilitaryRules (W 1, Get Over It !!!!!!!!!!!!!!!!! NOW GO NUKE A MUSLIME CITY !!!!)
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To: TomGuy

The BitTorrent Effect 


20 posted on 01/19/2005 7:17:53 PM PST by itsahoot (There are some things more painful than the truth, but I can't think of them.)
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