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With Napster, everyone had to log on to centralized servers thus creating a choke point: the centralization itself. Before, all users were downloading the same files off the same servers.

The issue is how users find out what other users have on offer. Napster used a central reference. Current systems use a kind of daisy chain based around a temporary hub. The most substantial difference is that there is now no way for the debeloper/operator to know what is being shared.

When the Napster replacments like Gnutella were being prepared, there were a lot of discussions about scalability. And the authors were often asked whether they were vulnerable to legal challenge in the same way Napster was. Their answer was always No, because they could not know what was being shared.
Not RIAA propaganda, just good sense on the part of those at risk of doing something illegal. They stayed within the law as they knew it.

The good news about the latest Court decision is the assertion that even if RIAA is right, that 90% of file sharing is infringed material, it doesn't matter. There are substantial noninfringing uses.

Better, those responsible for the system have no requirement to change the software or go looking for illegal activity.

So this issue is settled, except that there's a possible new law to worry about. What any new law should do, if anything, is the issue here.

Even agreeing with you sometimes leads to contention.
Posted by: Anton Philidor   Posted on: 08/24/04 You are currently: a Guest | Members login | Terms of Use

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With those loopholes it's useless.  No_Ax_to_Grind | 08/24/04
All the laws are useless  voska | 08/24/04
I don't follow what your saying.  No_Ax_to_Grind | 08/24/04
that too,  tamuhockey | 08/24/04
Radio station are paid to play music  voska | 08/24/04
Yes but..  Jeff Spicoli | 08/24/04
Not really an insult  rapson | 08/25/04
That's because you choose not to see  voska | 08/24/04
actually, you are BOTH wrong...  ryusen | 08/24/04
That's pretty much exactly what I said  voska | 08/24/04
ANY monopolists are afraid of the internet..  Jeff Spicoli | 08/24/04
my aplogies...  ryusen | 08/24/04
NP(NT)  voska | 08/24/04
Threading...  nomorems | 08/25/04
All childishness aside,  James Dean_z | 08/24/04
He's looking at the big picture, you're looking at the details  tic swayback | 08/24/04
The problem exists, alright  Anton Philidor | 08/24/04
The problem withyour analysis  Letophoro | 08/24/04
The Napster case is fair warning.  Anton Philidor | 08/24/04
I'm not sanguine about it.  Letophoro | 08/24/04
Unintended consequences  tic swayback | 08/24/04
Nothing has changed, pirating occured and still occurs 50 years later  voska | 08/24/04
Well...  tic swayback | 08/24/04
I remember the time  voska | 08/24/04
Where are the loopholes?  Jeff Spicoli | 08/24/04
Who's the naive country boy?  Anton Philidor | 08/24/04
Um no  Jeff Spicoli | 08/24/04
Corrections  Anton Philidor | 08/24/04
Need a reason called profit  voska | 08/24/04
Yes, and...  rapson | 08/25/04
Napster provided a new business model  voska | 08/24/04
Fewer loopholes than the original  tic swayback | 08/24/04
So true  voska | 08/24/04
Legislation as a statement of principle  Anton Philidor | 08/24/04
Perfect Election year law  jfp | 08/24/04
Copy machines?  RicD_ | 08/24/04
And you won't  tamuhockey | 08/24/04
He read it.  Anton Philidor | 08/24/04
He didn't read it  tamuhockey | 08/24/04
Yeah, right.  tic swayback | 08/24/04
Encourage friends, discourasge opponents  Anton Philidor | 08/24/04
Chicken or egg  tic swayback | 08/24/04
Agreeing to differ; I think he means it.  Anton Philidor | 08/24/04
He knows  AbsolutelyNot | 08/24/04
Why Xerox and Apple wont really be affected...  ryusen | 08/24/04
They will be affected  tic swayback | 08/24/04
look at my reasons...  ryusen | 08/24/04
sides:  ryusen | 08/24/04
Please PASS the INDUCE Act!!!  Lloyd_17 | 08/24/04
great opportunity for developers in other countries  cybershoplifter | 08/25/04
Here's how to make a difference  Luke123 | 08/25/04
I Dont Know  ParadigmOdyssey | 08/25/04
Induce Act will make DMCA illegal  jayk_z | 08/26/04

What do you think?

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