State bill could cripple P2P

A bill introduced in California's Legislature last week has raised the possibility of jail time for developers of file-swapping software who don't stop trades of copyrighted movies and songs online.

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.

That sucks

I think that it's kinda good wbut i'm a low budget person and this is usuallyu how I get my music. There should be another way for copyrighted music to be shared between eachother.

Why don't we pay those copyrighted message by donation

One day I stumbled through Slahdot, and people thought a reasonable idea of paying those copyrighted material. People are always willing to pay a reasonable amount for music and video, though not as much as what the recording industry want. We can add certain functions or code into those copyrighted material. And ask those people who download them to donate some money before they can open the file. Peer-to-peer itself is not evil, but we should provide the means to support those artists and composers...

[xpgeek11]

A waste of courts time

What happens when the program in question is developed outside of the US ?

[unknown unknown]

What reasonable filtering?

Reasonable is a rather vague term, and worrying in legistlation like this because it leaves it to the courts to decide what's reasonable. Some judges could make the bar very high and other could make it almost non-existant. What about individuals who write their own software who don't have the money to use Audiable magic and SnoCap (both of which sound like they'd be easily hacked). As it stands now I believe this law is unconstitual as is the one requiring a valid email address (almost unenforcable).

[computer_genius]

Completely UNREASONABLE.

Stopping file-sharing of music?! Or copyrighted ones, even?! What's the use of file sharing if you can't download music, videos, and other types of files? And if the law's going to ban P2P, what about legal ones like LimeWire? They're going to embed spyware into it? It doesn't have spyware so it would be quite unfair if they would embed spyware into it. And how can the program manufacturers stop people who share those 'copyrighted' files? The only thing I agree with is the banning of porno movies, not the entire P2P system. They should not punish the program manufacturers; they can just log the IP adds. of people who share the illegal files and punish those who do it. It would be really unfair for the program manufacturer to be punished because of the program consumers, for me that is.

[Prndll]

What do you mean?

Legal one like Limewire?<br />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.<br /><br />Porn movies?<br />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.

whatever they will do they cant stop them

has ive said they can put spyware, they can squeeze people, they can do everytheing they want, but 1 thing is sure if kaaza closes a new one will open, if that new one also closes after a while someone will do a diferent one.<br />This case its like a virus programmer, cause he does the disease but he knows the cure.<br /><br />since ive remember i´ve always been porting<br />myself between programs such napster, winMX, emule, and so on.<br /><br />resuming they put spyware on one, they will lose ppl that will port themselfs to another one, and so on.<br /><br />And has ive always said, it will always exist a dark side of the internet ONLINE.<br /><br />my regards Ludgero Jordao

I agree

The RIAA knows that they have to make filesharing illegal, or else they are doomed. P2P use is growing exponentially. They cant possibly sue us all, and id like to see them try. Previous attempts at stomping us out has done absolutely nothing. The RIAA is a bunch of greedy people, that are seeing thier fortunes slipping away, and are desperately trying to save themselves. Not gonna happen.

[Steven N]

Rubbish

This shows only how corrupt legislative systems have become is with all the lobbying pools going on. You clearly see the influence of the record industry behind this.<br /><br />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.<br /><br />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.<br /><br />Using the weapons lobby analogy (guns don't kill people, humans do): P2P doesn't share pirated media, people do.

[Stomfi]

P2P Not the problem

P2P is the obvious technology for a robust and effecient computer network. The problem lies in the fact that the network providers should be supplying the inhouse network user interface server which would do P2P on their network, and the user should be choosing thier preferred human interface hardware, not the computing platform. <br />The P2P network is the computing platform. Robust, Secure, and very very fast.<br />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.<br />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.

[Prndll]

lol....

Time Warner would love to hear you say that. I for one would never feel comfortable giving that kind of control to the isp. If your going to do this, why not just pay your isp rent each month for your pc and see for yourself the problems, insecurities, and hassle that would result.

[rshelton3000]

Gun control lobbyist will eat this up.

The gun control lobbyists have been trying for decades to get a similar bill passed. The gun companies have stalled these bills by stating they do not promote the use of their product in illegal acts and therefore should be held blameless. By using a similar tactic the developers may be able to forestall any bills or civil actions against them. However, if the bill passes it will spell doom for all other products that could possibly be used in an illegal act including, guns, software, computers, cars, baseball bats, hockey sticks, socks, rope, tape, chlorox, buildings, ... the list goes on and on. So maybe we should all move back into our caves and just forego this invention called society.<br /><br />R. Shelton

[Prndll]

This is just what I mean...

If the RIAA and MPAA actually get what they are going for, it could change the entire internet in such a way that it becomes impracticle or too cumbersom to use. Actually, It's kinda interesting to think that the entertainment industry just might be able to put Microsoft and Apple out of business. While they are both trying to make this industry happy, it is at the same time trying to run them both into the ground.<br /><br />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.

[LilBambi]

What next?

Ask not who for whom the bell tolls. It tolls for thee.<br /><br />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)<br /><br />"When the people find they can vote themselves money, that will herald the end of the republic." Benjamin Franklin<br /><br />Sad days are coming.

[bake2999]

P2P law?

Does this mean I can still shoot anybody.

[bake2999]

Does this man I can still shoot anybody

Does this mean I can still shoot anybody.

[bake2999]

Calagreedfona

****

[System Tyrant]

Law isn't about truth...

it's about what you can prove.<br /><br />According to the Government the US Population is about 300,000,000. <br />Source <a class="jive-link-external" href="http://www.census.gov/cgi-bin/popclock" target="_newWindow">http://www.census.gov/cgi-bin/popclock</a><br /><br />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.<br /><br />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.<br /><br />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.

[System Tyrant]

Heres another idea.

If you can't beat them, then just take away there money. Don't buy what they are selling. We have the power.<br /><br />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.

[NWLB]

So how will the sue software developed out of state?

Or open source projects overseas? <br /><br />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.<br /><br />NWLB<br />*****<br /><a class="jive-link-external" href="http://www.nwlbnet.blogspot.com" target="_newWindow">http://www.nwlbnet.blogspot.com</a>

ban murder too...

... and Gov. Arnold Schwarzenegger has sought to ban illegal downloading on any state computers...<br /><br />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.

They will have to sue Microsoft

Every version of windows has a ftp server built in, which could be used to share Illegal content.

[Axiomatic13]

agreed.

Is this the end of the Network Operating System? I think not...<br /><br />You'd think that the lawmakers would at least consult with a network savvy guy before making so stupid a proposition?

[lewissalem]

Innovation..

..is bad for a dying business. The distribution network currently used to push music is drying up. All of the middlemen are trying to hold on. This is about control. And they're losing it. We want control over what we listen to. We want the power to make a hit a hit. All one has to do is look at Ashlee Simpson to see what's wrong with the music industry today.

[AliciaSimpson]

This is absurd

Charging software developers because their software MIGHT be used in a criminal fashion is like charging Wal-Mart because putting all that merchandise on display MIGHT cause someone to steal it.<br /><br />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.<br /><br />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.<br /><br />The government should be going after the real criminals?those who use P2P software to pirate copyrighted material?not the innocent developers and publishers of such software.

[System Tyrant]

Adobe is next

They are going to bring down adobe because somebody used it to make fake money. Acrobat is going to be illegal because people scanned a book and distributed it illegally.<br /><br />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.<br /><br />Computers are next since they are the start of all the illegal activity.<br /><br />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.<br /><br />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.<br /><br />SUE THEM ALL!!! YEAH YEAH!!!

this story is going insane

and u ask why??<br /><br />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....<br /><br />i still remenber of my chilldood with a free internet going around, and all the rules were allowed...

[Prndll]

Exactly....

This is what I'm saying. The very nature behind the way computers and the internet work is by making copies of files and such. If the RIAA and the MPAA gets it's way.....it could mean the end of the net and laws that would end up putting technology on that great big heap of useless ideas that could have actually worked.<br /><br />These people are dangerous and need to be stopped.

Completely unreasonable

You think that people are actually going to donate? Absolute foolishness. I for one use P2P networks to download tons of music, i think i have 4 gigs total ive downloaded. The majority of people are the same way. And you think that we are going to take the time to click "Yes" before we open the file to donate, confirm a payment method, and fill out credit card info, and all that other stuff? Personally, i wouldnt do it, not even the first time. <br /> 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.