Robin Hood and the 40 Million Thieves



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tarix15.03.2018
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Robin Hood and the 40 Million Thieves

  • David Evans

  • evans@cs.virginia.edu


Simple Facts

  • Distributing copyrighted music is stealing

  • Stealing is wrong

    • Even when the poor steal from the rich
  • So, what’s the controversy?



Radio vs. Webcast

  • What’s the difference between playing a song on the radio (which record companies pay stations to do) and webcasting a song on the Internet (which webcasters must pay to do)?



Terrestrial radio stations don't pay sound recording copyright owners. Why should webcasters be treated any differently?

  • Terrestrial radio stations don't pay sound recording copyright owners. Why should webcasters be treated any differently?

  • The lack of a broad sound recording performance right that applies to US terrestrial broadcasts is an historical accident… For decades, the US recording industry fought unsuccessfully to change this anomaly while broadcasters built very profitable businesses on the creative works of artists and record companies. The broadcasters were simply too strong on Capitol Hill.

  • However, with the birth of digital transmission technology, Congress understood the importance of establishing a sound recording performance right for digital transmissions, and did so in 1995 with the Digital Performance Right in Sound Recordings Act ("DPRA")….

  • RIAA’s Webcasting FAQ



Peer-to-Peer File Sharing



Napster



Napster Illegal

  • A&M Records v. Napster, Feb 2001

  • Contributory Copyright Infringement

    • There is evidence of direct copyright infringement by Napster users
    • Napster knows about and contributes to this infringement: centralized server with index of files


Shutting Down Napster



FastTrack (Morpheus/KaZaA)



Morpheus Legal

  • Decentralized SuperNodes with index of files

  • MGM v. Grokster - district Court judgment, currently under appeal:

    • Since there is no centralized index of files, no control over infringing uses
    • Like VCRs, can be used to violate copyright, but substantial non-infringing uses also


Gnutella



Preventing Copying



Failed Attempt: SDMI

  • Secure Digital Music Initiative

    • Industry consortium to establish standards for digital music
  • Hide inaudible data in music files

  • SDMI-compliant players enforce access control based on data

    • Make direct copies of a CD, but not copies of a copy
  • Watermarking technology broken, no consensus among manufactures



Digital Rights Management

  • Trusted Computing Platform (Palladium, “Next Generation Secure Computing Base”) – Intel/Microsoft/IBM/HP/AMD

  • Tie software to a particular machine: music downloaded for one PC will not play in another PC

    • Applications are encrypted using key stored in special processor hardware
    • Hash of machine state used to verify the PC has not been tampered with
  • Owner no longer controls PC



Digital Millennium Copyright Act (1988)

  • Bans circumvention of technological measures to control access

  • Bans distribution of tools (including information) used for circumvention

  • Doesn’t matter if a copyright is actually violated, or tool has legitimate uses



DMCA Abuses

  • Academics threatened to prevent publishing vulnerabilities in SDMI watermarking

  • Dimitry Sklyarov arrested (acquitted are 18 months) for working on program that circumvents Adobe’s ebook access controls



RIAA Lawsuits

  • 1,568 subpeonas to ISPs and colleges

  • Up to $150,000 per infringement (= 1 song)

  • Sued 261 for copyright infringement (including 12 year-old)

  • Target operators of supernodes

    • People with fast net connections
    • KaZaA automatically determines if you are a supernode (unless you configure it to prevent this)


A Nation of Criminals!

  • 200 M people who have sung “Happy Birthday” without paying performance rights fees

  • 150 M Speeders

  • 60 M File Sharing Copyright Violators

  • 1 M Lemonade Stands violating sales tax, payroll tax, minimum wage, etc. laws!



Summary

  • Stealing is still wrong

    • Even if you can do it without getting caught
    • Even if you think the RIAA is evil
  • Music Industry should stop treating its best current and future customers as the enemy!

  • Good, legal, music distribution sites will be very successful

    • Apple’s iTunes, MusicMatch, Napster 2.0
    • More industry revenues possible through subscription fees than selling CDs


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