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jjmahoney92

join:2001-10-17
Woodbridge, VA

reply to quickstang22$

Re: GET OFF WINMX OPENNAP SERVERS ASAP!

I just got this same e-mail from Grokster (who got it from Sony about me). Sony can kiss my a$$!! I downloaded that song FOR FREE from Korn's website and put it with the rest of my MP3s. So what if it's shared with Grokster users. It's not like I'm selling the song to people. It's freely available for download on Korn's site (well, it links you to Sony's site where you can download it for free). It's all BS. This whole "no free music" crap is....well, crap. I buy more CDs now than I ever did before Napster or any other file sharing program came out. And yes, it pisses me off too that they scanned my hard drive. They didn't say anything about the other Korn songs though, just the new one. I hope Korn doesn't go the Metallica way of things and get all pissy about this. I lose all respect for bands like that. Follow Dave Matthews Band's lead and encourage it. You'll sell more records that way.


Eskimo BOB

@aol.com

reply to quickstang22$
If you guys are clever, you can get a dynamic ip running under your static. They will see the dynamic ip and thats it. the cant trace back to your static without contacting anyone. They wont even know you are using a dsl or what ISP


Dillo

join:2000-12-28
Pelzer, SC

reply to quickstang22$
LET THE BOYCOTTS BEGN. ITs all in our hands. We can force them to do what ever we want them to basically. Its just a simple matter of getting up a large Internet petition with intent to boycott all of their products. they will eventually have to give in.I am sure they are smart enough to see that they are gonna cause more damage to themselves than good. Also I have read that they are gonna drop the price of a cd down to 9.99$ US,bECAUSE OF POOR SALES AFTER 9-11.I think they should be no more than 9.99$ Realize that it costs them a total of like 3 cents, production costs and all to press and package a cd.So then realize the profit that they do infact make. Its all a simple case of greed. Screw them. Dont buy any music at all. Download it all. BOYCOTT THEM!!!!!



Slayer714

@rr.com

reply to quickstang22$
The answer is to get everyone to share Korn or whatever
they want. The ISP's are not going to disconnect that
amount of people.

Tell Sony to go do themselves. They're counting on your fear.



sonyasses

@164.109.x.x

reply to Midak
What gives me the right? Obviously the people who own this site otherwise I wouldn't be able to post "anonomously." DELETED? I was making a statement about sites\apps that track who you are and the companies that take that information and use it against end users (Sony) so DELETED and DELETED

Moderator note (araina): while we appreciate anonymous posters adding useful matter to the discussion topic, flaming is not acceptable.
[text was edited by moderator]

[text was edited by moderator]



danielpb2

join:2002-02-19
Owens Cross Roads, AL

reply to shamrin
Someone has already made such a program to find people sharing files. It is called Media Enforcer. »www.mediaenforcer.com It costs some money but not much. It searches networks like opennap, gnutella, fasttrack (or so it claims), websites, FTP, and IRC. They also have a free version to scan IP's for filesharing programs that are running.



MENINBLK
Premium
join:2000-01-25
Yonkers, NY

reply to quickstang22$
How did SONY get this person's information ???
Unless they got it directly from WinMX or the ISP under a supeona, they obtained it ILLEGALLY.
Everything they do after that is also considered ILLEGAL, isn't it ?



AR
Premium,ExMod 2001-04
join:2000-09-21
Toronto, ON

said by promano:
How did SONY get this person's information ???
Unless they got it directly from WinMX or the ISP under a supeona, they obtained it ILLEGALLY.
Everything they do after that is also considered ILLEGAL, isn't it ?
I don't know. See if I am downloading something from you and do a 'tracert' command, it will show me your IP. I don't know if that is illegal. Plus when you share files with the world, you really don't expect much privacy.
--
What? Me worry?

dentman42
Premium
join:2001-10-02
Columbus, OH

reply to quickstang22$
Who said Sony got the person's information? The letters came from the ISP and Grokster, not Sony. All Sony needed was the user's IP, and the date and time they were found sharing the file (in the case of the ISP), or the person's username (in the case of Grokster). They reported this information to the ISP or to Grokster, who then sent out the form letter to the user. In the case of the ISP, of course they had all the relevant information. You have to give that to them (most of them anyway) when you set up an account. If you gave it to Grokster (or any p2p sharing service), you're just gullible.

To reiterate: All Sony had to do was do a search for Korn on WinMX, start a download, and do a netstat to find the IP the download originated from. They could then do an nslookup on the IP, find out who owns it (the ISP), and report to the owner that the person using this IP at xx time and date was offering copyrighted material without the copyright holder's permission. The ISP then contacts the user and threatens to terminate service. The worst thing is, the ISP is so spineless, they didn't even ask for proof.
Never make the mistake of thinking these file sharing services are 100% anonymous. With most of them (any that connect you directly to the computer where the file is located), this process is ridiculously easy.

Remember when Metallica sent their ban list to Napster? I got banned twice...and I wasn't sharing any of Metallica's crap. I was sharing something called "Metallica really sucks" the first time, and "I Got Sued By Metallica" (with the artist's express permission!) the second time. It gets better - a friend got banned by Metallica and didn't even have anything files with the word "Metallica" in the name on her hard drive. We started trying to figure it out, here's what we came up with -
They searched for "metallica" and reported everbody they found. They searched on all metallica album titles and reported everybody they found. Then (this is the key) they searched on all metallica song titles and reported everybody they found. My friend was sharing a song with the word "one" in the name. metallica has a song called "one". This accounts for the high number of people on those ban lists! Using a method like this, the copyright holders (and their representatives) committed perjury many times over, but knew they were safe because nobody would want to spend the money to fight them.

Hmm...I wonder if Sony searched for songs by "Corn"? Then again, it sounds like maybe they were looking for specific titles this time around.

Someone commented a few posts back that CD sales slumped after 9/11. 1 - What does this have to do with file sharing? Sales of almost everything slumped post-9/11. 2 - Funny, the industry reported record (no pun intended) sales last year. Doesn't sound like a slump to me. Also doesn't sound like file sharing is hurting their business at all.



GlobalMind
Domino Dude, POWER Systems Guy
Premium
join:2001-10-29
Hollywood, FL

Your tale sounds interesting and frankly makes perfect sense. Probably wasn't the first time of those types of errors being made, and won't be the last time.

We have also heard of these folks placing files out there deliberately trying to bait a downloader. It would be funny to do your own version of bait...create a text file, and name it something like "why_I_love_korn.mp3" -- put some bit of text in the file, but be sure you actually reference that Korn is a registered TM of Sony Music or what have you. By doing this you provide adequate notice of the rights holder and thus as the name is used for editorial content, I would firmly believe this does not infringe copyright or trademark at all.

Hopefully someone, i.e. the label -- would hit this file and get ticked.

I would believe the burden of proof would be on the record company to back up their claim that you are infringing on copyright or are somehow a pirate.

Of course this assumes you have an ISP with a backbone.

said by dentman42:

Someone commented a few posts back that CD sales slumped after 9/11. 1 - What does this have to do with file sharing? Sales of almost everything slumped post-9/11. 2 - Funny, the industry reported record (no pun intended) sales last year. Doesn't sound like a slump to me. Also doesn't sound like file sharing is hurting their business at all.
You are correct. This is part of the problem. The arguments that the RIAA et al are making ignore any of the facts regarding the history of these type of debates.

Facts are that every time a new recording media has been introduced the RIAA and MPAA have opposed it. Largely they have been put down by the courts as their claims to unilateral infringement negate the facts of legal use of the media.

The same thing goes here regarding CD sales. I don't see any of the media moguls out on the streets, and in fact the costs of albums, concerts etc continue to rise. Piracy may indeed hurt them in some ways, but their attitude that all consumers are criminals by default is both factually inaccurate and frankly insulting.

K.
--
"i want everything to work. i choose iSeries."


BellBoy
Steven Paul Jobs 1955-2011
Premium
join:2001-02-20
Los Angeles, CA

reply to dentman42

said by dentman42:
Also doesn't sound like file sharing is hurting their business at all.
Here's some math that hopefully might do that trick...

FS + CD = ASS

ASS - FS = CAL

CAL + ABB + NP = -P

-P = DOSM


Vairable Legend:
FS = File Sharing
CD = CD Music
ASS = Angry Sony Spokesperson
CAL = Class Action Lawsuit
ABB = Angry Buyer Boycott
NP = Negative Publicity
P = Profit
DOSM = Death of Sony Music

A nice way to look at things...


--
I'm not an ASI tech, but I play one on TV...


Scalper

join:2002-04-10
San Jose, CA

reply to quickstang22$
Not just WINMX, This is what I got.

Dear PacBell Internet Subscriber:

We have received a complaint from a from Sony Music, alleging that you are publishing unauthorized copies of
copyrighted sound recordings performed by the group Korn.

These infringements were observed at various times from 3/28/02 thru
4/2/02 with the downloads being offered via Bearshare network on IP
address xx.xxx.x.x and again on 4/4/02 @ 12:14:46 PST thru IP address
xx.xxx.x.xxx. All of the IP and related time information traced to your
PacBell Internet account.

Please note that PacBell Internet's Acceptable Use Policy and its terms
and conditions prohibit such activity.

Violations of our Acceptable Use Policy could lead to cancellation of
your account.

You can review PacBell Internet's Acceptable Use Policy at:

»dialup.pacbell.net/legal/use.html

You can review Pacbell Internet's Terms and Conditions at:

»dialup.pacbell.net/legal/tandc.html

If you believe that you have received this warning in error, please
contact us at 1-877-655-4410 or via email at policy@pacbell.net.

Regards,
-------------------
The funny thing is, they give me links to there rules. But the links don't work.

I wonder if this is Sony or Korn's doing. I mean korn can't be the biggest band for sony so why are they doing this for only korn(so far). I usally listen to the CD first and if I like it I go buy, if i don't I delete them. To me they make more money by letting people listen befor they buy. Because befor I never really baught any CD's because a lot of times there were only 2-4 good songs. So I would only buy CD's friends had/i knew were good.

Here we go. Companies thinking they are making good choices(just trying to own everything) BUt if this is because korn wants it to be done. Then korn are pretty stupid, I thought most bands get money for concerts and what not?

All I can say is they are going to lose.



MojoBromley9
Premium
join:2001-04-01
your leg

reply to quickstang22$
__________________
Scalper
New member
Joined today!

__________________

OK?



Scalper

join:2002-04-10
San Jose, CA

reply to quickstang22$
We all start somewhere



MojoBromley9
Premium
join:2001-04-01
your leg

reply to quickstang22$
ok then...
WELCOME!!!


dentman42
Premium
join:2001-10-02
Columbus, OH

reply to Scalper

said by Scalper:
You can review PacBell Internet's Acceptable Use Policy at:

»dialup.pacbell.net/legal/use.html

You can review Pacbell Internet's Terms and Conditions at:

»dialup.pacbell.net/legal/tandc.html

If you believe that you have received this warning in error, please
contact us at 1-877-655-4410 or via email at policy@pacbell.net.

Regards,
-------------------
The funny thing is, they give me links to there rules. But the links don't work.

I wonder if this is Sony or Korn's doing. I mean korn can't be the biggest band for sony so why are they doing this for only korn(so far). I usally listen to the CD first and if I like it I go buy, if i don't I delete them. To me they make more money by letting people listen befor they buy. Because befor I never really baught any CD's because a lot of times there were only 2-4 good songs. So I would only buy CD's friends had/i knew were good.


So call the number and complain. First about the fact that they sent you bad links, second that you were not infringing on the copyrights, and request proof that you were. Filenames aren't proof of anything. As has earlier been mentioned, they could just be copies of someone singing Happy Birthday, they could even be random noise. There's another flaw in the DMCA - it gives the industry the power to scare people off at the threat of an expensive lawsuit simply on a word of mouth accusation without presenting any proof. "Dear ISP - The word "Korn" was contained on your user's computer. This violates our rights and the user should be forever banned from the Internet." (Anybody else remember the lawsuit that Metallica lost against a cosmetics manufacturer because the manufacturer called a shade of lipstick metallica? The ruling was that the band only owned the name as it pertained to a musical group, not as it pertained to a color.) Hmm...there's a thought. Copyright your username and then sue Sony for using it without your permission. Funny how that only works for big names who have lots of money, isn't it?

My worry is that the courts could eventually start handing down guilty verdicts without any real proof. And what if Sony claims they DID download the song, and presents an mp3 to prove their claim? How do they prove they really downloaded it from you? I suspect that a clever liar at Sony could fool 90+% of this nation's judges in such an issue.

I agree with you, before Napster I had quit buying CDs for several years for the same reasons as you. File sharing is the only thing that got my to buy any CDs again. But as I've stated before, I don't believe for a minute that sales are the motivation. The industry realizes that the artists can now create their own success without becoming slaves to the label. This is what they're afraid of. There's no reason for the artist to let the labels take 90% of the profits for their (the artist's) work anymore. The RIAA and its members are simply obsolete, and they'll do anything to try and maintain their current stranglehold on music distribution.

horsemouth
Please Clarify My CSP
Premium
join:2002-03-13
canada

reply to quickstang22$
Wow I Read most of the Above [below my 2c]
Sales are down Because of many reasons some are
1 Kids sorry Young Adults dont have the disposable income
[for music]that my Gen did. Shit at 16 I had a union job and big bucks now your lucky to make $10.00 hr at 16.
I never even saw a puter and sure did not need it for work
or school so I did not have that expense.
2 A more Diverse entertainment field [Games TV more choice]
I could go on but I hope you see my point.
SONY PROFITS FROM THESE OTHER CHOICES



Jet
Premium
join:2002-01-03

reply to quickstang22$
I think this is a hoax that has gotten way too much hype!

Sony is looking for profit. It would not be profitable for Sony to attack each and every abuser. That money would better spent in trying to change legislature and letting the government enforce the law.

As the law states right now, it is NOT illegal to trade music. As long as you do NOT profit from the trade.

Until this law is changed, any attack by Sony on someone would be VERY unlikely.

Speed Freak


horsemouth
Please Clarify My CSP
Premium
join:2002-03-13
canada

G I hope your right But I guess that makes me a fool for reading about 200 posts on the topic.


JackHeismann

join:2002-04-01
Downingtown, PA

reply to Jet
Well, not really. I live in the (sickening) field of litigation. I don't see the law having ANYTHING to do with Sony's litigation. You're right -- it's not illegal. But it doesn't have to be for Sony to sue you.

Here are some basic rules of law.

1) Anyone can sue anyone else for just about anything.

2) Big corporations have large law firms that churn litigation. They have more money than you do. They can crank out more motions than your lawyer can read, much less respond to. They will beat you into the ground. And if you win, they'll appeal (and drag on each appeal) until you give up, die, run out of cash, or...

3) They do this for several reasons. First, it protects their jobs. Second, the more attorney's they hire, the more the senior attorneys get paid. Third, it scares the s**t out of companies who get corporate KKK letters.

4) What are KKK letters you ask? In the old days (and sadly sometimes today) the KKK would post a note on your door to the effect "You've just received a visit from the KKK. Would you like to receive a REAL visit?" Knowing what the KKK was capable of, that note alone would scare many people off.

5) If you don't have as much money as Sony, their lawyers can beat your lawyers (and your company budget) to a pulp. Even if you win, you lose. If you're an ISP, you're fried. If you're a BIG ISP, you probably have business dealings with Sony that you dont' want to foul up.

6) An so... in the end, Sony doesn't have to sue very many people. In fact, they don't really want to sue too many people simply because if you get one pissed off dude, with some civil rights attorneys in tow, Sony could actually lose. They don't want that to happen. But no one wants to take Sony on. For the KKK reason above.

7) So, Sony sends letters. The ISP's fold. Why. Because in the world of litigation, they're just the little fish. Then again, from their attorney's perspective, they're a big fish, and you're, well... nothing. Yep, they think they can do to you what Sony did to them.

Unless you have a civil rights / human rights / lawyer with a cause, in tow.

Hey good guy attorneys, where art thou now that we need you???

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