January 18, 2005 5:55 PM PST
State bill could cripple P2P
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The proposal, introduced by Los Angeles Sen. Kevin Murray, takes direct aim at companies that distribute software such as Kazaa, eDonkey or Morpheus. If passed and signed into law, it could expose file-swapping software developers to fines of up to $2,500 per charge, or a year in jail, if they don't take "reasonable care" in preventing the use of their software to swap copyrighted music or movies--or child pornography.
Peer-to-peer software companies and their allies immediately criticized the bill as a danger to technological innovation, and as potentially unconstitutional.
"State Sen. Murray did not choose to seek out the facts before introducing misguided legislation that effectively would make criminals out of many companies that bring jobs and economic growth to California," Mike Weiss, CEO of Morpheus parent StreamCast Networks, said in a statement. "This bill is an attack on innovation itself and tax-paying California-based businesses like StreamCast depend on that freedom to innovate."
The bill comes as much of the technology world is waiting for the Supreme Court to rule on the legal status of file-swapping technology.
Federal courts have twice ruled that peer-to-peer software companies are not legally responsible for the illegal actions of people using their products. Hollywood studios and record companies appealed those decisions to the nation's top court, which is expected to rule on the issue this summer.
In the meantime, entertainment companies' push for federal legislation on file-swapping issue has been put temporarily on the back burner. A controversial bill that would have put more legal responsibility on the peer-to-peer developers failed to pass at the end of last year's congressional session.
California has taken a lead among states in putting pressure on the file-swapping world. Attorney General Bill Lockyer was a key figure last year in pushing for more state-level legal scrutiny of the companies' actions, and Gov. Arnold Schwarzenegger has sought to ban illegal downloading on any state computers, including those owned by the state university systems.
Murray himself sponsored a bill last year--later signed by the governor--that requires file sharers who send a copyrighted work to at least 10 people to provide a valid e-mail address or risk jail time. He has also authored bills on spyware and spam.
The senator said his bill was intended only to encourage companies to take advantage of existing technology for filtering networks, not to impose requirements impossible to meet.
"To the extent that they agree that they can filter, we think it's reasonable to require filters for peer to peer activity," Murray said. "We're only asking for reasonable controls. We're not asking for people to create new technology or recreate the wheel."
Several companies, including Audible Magic and Shawn Fanning's Snocap , have demonstrated technology that could be used to block trades of copyrighted music, although no such tool has yet been publicly shown for Hollywood movies. Some file-swapping companies say these tools would be impractical to use on a widespread basis.
Murray has worked closely with the entertainment companies on this type of issue, but has also been a staunch critic of record labels' accounting practices and the way they treat their artists. He said he did not work with the MPAA or other groups in drafting the new bill.
37 comments
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What do you mean? Limewire is a p2p program like all the rest. Centralized or decentralized, either way Limewire is essentially the same type of thing. It is this type of thing that is being attacked. Limewire is legal just as Kazaa is legal. The entertainment industry is going after all of these because of what people do with them. To the RIAA and MPAA, there is no differance between Kazaa, Limewire, Morpheus, Bit Torrent, or any of the others.
Porn movies?
What do you mean? If this whole thing were about pornography, then the only problem would be child porn and the RIAA and MPAA would never say anything about it. It would be nothing more than the CIA and certain government agencies getting involved. Even though child porn is unfortunately distributed over p2p, it makes up a very tiny portion of the total content. Getting rid of porn movies from p2p would have no real effect on any of this as this fight really has nothing to do with porn at all. As far as porn goes, this is a fact of life that has been with us since people were able to draw pictures and paint; as the technology expands, porn expands with it. This will never go away and it is unrealistic to think that it could.
This case its like a virus programmer, cause he does the disease but he knows the cure.
since ive remember i´ve always been porting
myself between programs such napster, winMX, emule, and so on.
resuming they put spyware on one, they will lose ppl that will port themselfs to another one, and so on.
And has ive always said, it will always exist a dark side of the internet ONLINE.
my regards Ludgero Jordao
It has already been said twice by courts that the companies that create P2P software are not responsible of the illegal conduct of the customers.
They have to make up their mind. If P2P companies are liable for their customers conduct, then they should do the same for VCRs, CD/DVD writers that can make copies too. Then you could also say all OSses on PC's, or even the PC's themselves should be outlawed, because they are not stopping it too.
Using the weapons lobby analogy (guns don't kill people, humans do): P2P doesn't share pirated media, people do.
The P2P network is the computing platform. Robust, Secure, and very very fast.
Once we get rid of these antiquated desktop computers and move up to a networked P2P system, none of these teething problems will be relevant.
So lets us instead lobby our polititions to get our ISP to supply an inhouse ISP controlled P2P server and enjoy all the benefits of real computing power without these silly 20th century problems.
R. Shelton
The RIAA and MPAA are the ones that should have their morality scrutinized, NOT the general populous. I say this because of this particular fight aswell as for other reasons.
Well, there goes innovation. If this is what happens to politicians when corporate buttheads get into the act, we will never see any freedom among innovators for the future. Talk about throwing out the baby with the washwater! (figure of speech)
"When the people find they can vote themselves money, that will herald the end of the republic." Benjamin Franklin
Sad days are coming.
According to the Government the US Population is about 300,000,000.
Source <a class="jive-link-external" href="http://www.census.gov/cgi-bin/popclock" target="_newWindow">http://www.census.gov/cgi-bin/popclock</a>
Of that probably 5% or less create laws that effect the rest of us. In this country capitalism controls the legal system most of the time.
Politictions don't know crap about software development or the rights of the people. They know what people tell them and as I see it the only ones talking loud enough are the Corporations. I guarentee that when politicians pass a bill that the people don't want and we don't re-elect them they will all start listening.
Government isn't run by the good guys, it's ran by people who are as greedy as anyone else. They will do what they have to do to stay in power. They are puppets for who ever is pulling the strings. We, the majority, have the power pull the strings and we don't have to even lobby congress. Simply put, if they don't do what you want, don't put them back in office.
The day Americans hand over the reins to the Corporation and Government is the day we become another russia or iraq. That may be a little harsh, but it's true. The Government and Corporations don't tell us what to do, we tell them. If they won't listen, then remind them why they will.
I can't think for a second there are enough brain cells in state level politics to understand how the internet community will just find a way around any stiff law put into place.
NWLB
*****
<a class="jive-link-external" href="http://www.nwlbnet.blogspot.com" target="_newWindow">http://www.nwlbnet.blogspot.com</a>
If it's illegal, it already is banned. I don't know if this story is poorly written or if the governer is that stupid. Someone isn't that bright.
You'd think that the lawmakers would at least consult with a network savvy guy before making so stupid a proposition?
This bill is unconstitutional, if a piece of software has a legal purpose the government may not prosocute the writer or publisher of such software simply because unscrupulous persons might use the software for unlawful purposes.
Really, lets go after Microsoft because Outlook might be used in a criminal conspiracy, or Oracle because a drug lord might use the database to store information to further their unlawful activities.
The government should be going after the real criminalsthose who use P2P software to pirate copyrighted materialnot the innocent developers and publishers of such software.
Shut down the news groups too, because we know that it's the servers fault for allowing illegal content on them. I mean what is the problem with them, can't they just hire people to scour through a couple of hundred thousand post every minute.
Computers are next since they are the start of all the illegal activity.
It doesn't matter if it's legal or not as long as it doesn't go against what the RIAA and MPAA think is right. You go Cali. Before long we will make guns illegal, music illegal, movies illegal, and who know what next.
Since P2P is to blame for copy right infringement then music and record companies are to blame for murders and the downfall of so many youths. Same goes for movies.
SUE THEM ALL!!! YEAH YEAH!!!
the answer is simple since i remenber that internet is internet , whatever u do ur ALWAYS sending and receiving information, also P2P, if they wanna sue ppl that uses that method to get musics movies and so on. ok i do think that if i wanna send a mp3 that i like to a friend of mine, i could get in jail for 1 year because of a fu**ing music????? If they plan to take over control over the internet and having server monitoring every step that u make, makes me sick just to think about that....
i still remenber of my chilldood with a free internet going around, and all the rules were allowed...
These people are dangerous and need to be stopped.
What, in my opinion, could possibly change what is going on, is already happening. Any famous artist has a record label. But there is a revolution going on, where Artists are beginning to make themselves famous without a record label. This is unprecedented. Before this, if you didnt have a record label, you were a nobody. Your music would never get the exposure you needed. This has the possibility of crippling the RIAA, by taking away thier artists, and taking the heat off the P2P networks.
I hope this sheds a light on REALITY.