Piracy

Can You Identify Which of these Sites Offer Legal Software for Downloading Pirated Music, Movies, and Software?

(1) Kazaa
(2) LimeWire
(3) Morepheus
(4) Bearshare

By Mike McCarthy

Peer-to-Peer (P2P) technology is the method used by these Internet companies, and others, to lure users into a seemingly safe harbor for free downloads of music, movies, and software. But what most users do not know is that the act of downloading these files is a media copyright infringement and therefore illegal. RIAA (the Recording Industry Association of America) has teamed up with other organizations such as the Motion Picture Association of America (MPAA), the Business Software Alliance (BSA), the Software & Information Industry Association (SIIA), the Entertainment Software Association (ESA), and the FBI to prosecute offenders. Microsoft has also gotten into the act.

Who is the offender?
It turns out that Kazaa, LimeWire, Morpheus, Bearshare, and others like them are technically not breaking the law. These companies merely offer free P2P technology software that provides a method for computers around the world to connect, view and download files. The way it works is like this:

- Users A and B download the same P2P software to their computers. What they do not realize though is that the default settings (hidden within Options, Profile, or Settings) are set to Sharing. This means the moment you install these P2P programs your computer is open for the world to see.

- User A selects a category such as Music, Movies, or Software, enters specific search criteria, and sends the request on its way.

- The software worms through the Internet visiting all sites with like software and displays results of what it found.

- User A then clicks on Download and the file is transferred from Computer B to Computer A.

Note: The reverse is also possible.

Therefore, up to step 3, no law was broken. However, once User A issues the command to download, we have infringement. This is why those sharing files are not typically held liable and neither are P2P companies (these folks are simply providing you a tool to connect).

Danger Lurking
Most users do not read the EULA (End User License Agreement) that accompanies most software downloads. Here are a few excerpts from one such P2P EULA:

- You may not transmit access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

- It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using {this product).

· {The Company} respects copyright and other laws. {The Company} requires all {Product} users to comply with copyright and other laws. {The Company} does not by the supply of the Software authorize you to infringe the copyright or other rights of third parties.

· As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.

· Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data- protection laws. In the event a user fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time.

With that written, look at a few additional excerpts (from a P2P EULA) that clearly spell out what is possible while P2P sharing is open:

You May Not:
- Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

· "Stalk" or otherwise harass another.

· Modify, delete or damage any information contained on the personal computer of any user.

· Collect or store personal data or other information about other users.

· Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file.

Makes you wonder doesn't it?

What About Spy-Ware and Ad-Ware?
Continuing the EULA:

- "The software application you are about to install is supported by advertising revenue, meaning that we display ads as an integral part of our interface. This allows us to provide you with our software for free: the advertising income we receive supports for our development and distribution efforts."

- "In exchange for downloading the Software at no cost, you expressly agree that you accept the Embedded Third Party Software and that so long as you have not entirely deleted {Product} from your computer you will not take any action, including downloading other software which modifies, is intended to modify or permits others to modify registry or other settings on your computer to, disable, remove, block, prevent the functioning of, or otherwise interfere with any of the Embedded Third Party Software."

More on Piracy
Here are a few (very few) quotes from bloggers that have finally gotten the message:

- “Don't do it...it is illegal. I just read a news story about a guy who is being charged $9000 per song...that's right PER SONG by a record company for not only the tracks he downloaded illegally but also for all the copies he has stored on his computer.”

- “So in other words, you want to start a career in crime, because what you are asking is something that is illegal to do. Tell that to the single mom who just got slapped with a $250,000 fine in Ohio. You all want to ***** and moan about how bad the music that is out now, but what you don't realize is that by downloading illegally, you are pull money away from the labels in order to do better A and R and production. If you think you are not hurting anyone by doing it, you are a complete idiot. You can't get food for free, or a car or shoes so PAY for your music and stay out of trouble!”

- “stealing takes the most money from the band. if you hear a song you like you should pay them for making it. i used amazon to buy 2 songs. i might also use the realplayer site to buy more.”

Now that you know a bit more about what these programs are, and how they work, the choice to allow their continued use is up to you. Keep in mind though, if snagged, you could be facing fines, prison time, or both; depending on how pervasive the downloads are.

For more information click on the links below:

RIAA – What We Do – FBI Seal (http://www.riaa.com/whatwedo.php?content_selector=whatwedo_fbi_seal)

New Report Examines RIAA Methodology For Detecting Illegal Activity Over Peer-To-Peer Networks http://www.riaa.com/newsitem.php?news_month_filter=&news_year_filter=&resultpage=2&id=9A412FB1-0D41-5C90-7C70-3674F3FDE752

Jury Renders Guilty Verdict in First Ever Criminal Online Music Piracy Trial http://www.riaa.com/newsitem.php?news_month_filter=&news_year_filter=&resultpage=3&id=5B7A1145-01B2-EC94-56A1-36A084A8FDC9

L.A. County Board of Supervisors Approves Ordinance Holding Property Owners Accountable for Piracy Activity in Their Buildings http://www.riaa.com/newsitem.php?news_month_filter=&news_year_filter=&resultpage=3&id=D4BDD54F-5656-84C9-C648-03067EA877DC

RIAA Comments On FCC Decision Affirming Ability Of ISPs To Address Piracy http://www.riaa.com/newsitem.php?news_month_filter=&news_year_filter=&resultpage=&id=FFFCF818-DA96-9FD0-B5AB-942B8590D5D4

Ashcroft mum as FBI raids school district computer center http://www.eschoolnews.com/news/top-news/index.cfm?i=35716&CFID=4149633&CFTOKEN=30401664

How It Does It: The RIAA Explains How It Catches Alleged Music Pirates http://chronicle.com/free/2008/05/2821n.htm

Why I've stopped sharing music http://www.cnn.com/2003/TECH/internet/06/27/music.sharing.column/index.html

In case you missed it, the RIAA finally sued Limewire http://freeculture.org/pipermail/discuss/2006-august/000816.html

Contact Information:
Mike@itcaz.com
http://www.itcaz.com