Once Again, Congress Wants To Blame Limewire For Stupid Staffers, As Arts+Labs Propaganda Campaign Works

from the limewire-ain't-the-problem dept

This started a few years ago, when suddenly grandstanding Congress-folk started blaming Limewire for "leaking" a confidential terrorist threat assessment. Of course, that was misguided. The problem wasn't Limewire (or any file sharing software), but idiotic gov't employees who (a) put file sharing software on gov't computers (b) didn't properly wall off the software and (c) put confidential info where it could be shared. Earlier this year, suddenly, the issue came up again (again targeting Limewire). It was instigated by some aggressive entertainment industry lobbyists, who have concocted this huge story about how Limewire is to blame. And politicians always seem willing to buy it.

The latest is that some in Congress are planning legislation after claiming that "Secret Service safehouse locations, military rosters, and IRS tax returns" were available via Limewire (funny... those are the same things mentioned in the PR email I got from the entertainment industry lobbyist's PR person...).

Our Congressional critters tried to one up each other in stupid proposals, with one, Rep. Bill Foster, even tossing out the idea of passing a law to block the Gnutella protocol (though, he admitted it wasn't likely to work). Others just planned to pass laws that would ban the use of file sharing software on gov't computers (you need a law for that?!?) and to have the FTC investigate Limewire. And, of course, the real goal in all of this, politicians want to pass a law demanding that the gov't "undertake a national campaign to educate consumers about the dangers of file sharing software."

That last one, of course, is actually the end-goal here. The entertainment industry and their shills such as the group Arts+Labs (who was behind much of this campaign) have been demonizing file sharing software completely, and now want the gov't to help. So the best way to do that was to find some folks who misused the software, get some headlines about how P2P software "exposed" Obama's safehouse locations and then get the gov't to put in place some entertainment industry propaganda. Arts+Labs wins completely. It's backers include the various entertainment firms (bonus! gov't pitching their propaganda story) and a few tech companies who sell filtering/blocking technology (bonus! gov't increasing demand for their technology).

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Lobbyists Get Congress To Investigate P2P Software... Rather Than Bad Security And Employee Carelessness

from the well,-look-at-that dept

Just a couple weeks ago, I received a ridiculous PR pitch from the entertainment industry lobbying group Arts+Labs, suggesting that a story that "hasn't really gotten the attention it deserves" is the "threat" from P2P software being used to "expose private documents to the world." The PR guy offered to help walk me through the process of downloading Limewire and finding such "exposed documents." Of course, what the PR guy left out is the reason this story hasn't received that much attention: because it's a bogus story that's been debunked for years -- but it's a favorite of the entertainment industry and its lobbyists in trying to come up with any reason to get Congress to issue laws against file sharing software.

However, it was obvious that this PR campaign was a setup: something bigger was underway... and, indeed, now we find out that these entertainment industry lobbyists have had a chance to bubble up yet again this silly idea to Congress, leading to yet another investigation of file sharing services, with a specific focus on Limewire. Of course, we did this already. Two years ago, there was a bunch of grandstanding in Congress against Limewire because some gov't officials had leaked documents possibly (though, not definitely) via Limewire. But, of course, the target was wrong. It wasn't Limewire that was the problem, it was government employees being stupid and setting up private government documents in their shared folders and poor government computer security systems that allowed this to happen. But rather than blame bad gov't computer security or clueless users, the government set upon Limewire as the problem (encouraged, of course, by the entertainment industry's lobbyists).

The PR campaign and the Congressional investigation didn't happen in the same month by accident. You can pretty much assume that the whole effort was orchestrated by these lobbyists as yet another misguided attack on file sharing software, playing up the ridiculous idea that it's the software that's responsible for people leaking documents, rather than user stupidity and bad security.

It's nice to see some in the mainstream press not fall for this bogus story. The LA Times notes how pointless this effort is, pointing out how the whole thing is misguided, and accurately noting:

Perhaps the real motive here is to find grounds to ban the software outright, which would please Hollywood but wouldn't solve the problem.

Of course, not all mainstream publications bothered to figure that out. Five days after Arts+Labs pitched me on the "Limewire-is-a-security-leak-problem" story, the WSJ published exactly that story, including (of course!) a quote from Arts+Labs, and no quotes from anyone who would point out what a made up story it is, and how it's been planted by the entertainment industry in an effort to create a moral panic against P2P software. I thought the mainstream press was supposed to be where real journalists did their homework rather than just parroting the story lobbyists hand them?

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French Recording Industry Sues SourceForge For Hosting Open Source P2P

from the yikes dept

It would appear that Société civile des Producteurs de Phonogrammes en France (SPPF), a group that represents French record labels, is now trying to sue a bunch of non-French file sharing applications, as well as SourceForge. This brings up a lot of different issues, so let's break them out one by one.

• This lawsuit came about thanks to a ruling in a French court over how to interpret a French law. SPPF contends that French law says that any application that allows unauthorized file sharing is illegal. However, what was unclear, was whether or not this law could be applied to companies outside of France. The recent ruling found that, indeed, it's acceptable to extend French laws beyond its borders. This should be seen as hugely problematic just from a jurisdiction standpoint. It's difficult to see how France can claim that its laws should apply to companies entirely outside of France.
• Now that it's been allowed, SPPF is suing three companies who offer software: Vuze, Limewire and Morpheus. What's troubling is that even beyond an "inducement" standard, SPPF seems to be basing the lawsuits on the idea that if your software allows any unauthorized copying, then the software itself is illegal. Say goodbye to FTP and, well, the entire internet next.
• Finally, and most bizarrely, SPPF is also suing SourceForge, which is just a hosting platform for open source developers. The problem there (according to SPPF) is that SourceForge hosts the open source Shareaza file sharing app. It would appear that SPPF did so little research in figuring out who to sue, that it seems to think SourceForge is somehow responsible for Shareaza, rather than just hosting it.

Hopefully, the courts will come to their senses and realize, on all three of these issues, that the SPPF is out of line. But given the way some courts (especially in France) have ruled in the past, that seems unlikely.

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Viacom-Owned TV Station Using P2P To Offer Up DRM-Free Downloads Of New Show

from the so,-wait...-do-you-like-or-dislike-file-sharing? dept

Viacom seems to have a bit of a multiple personality when it comes to online video. It's famously suing YouTube for $1 billion because some clips of TV shows have shown up on the site, but at the same time, it's been aggressively putting its own shows on a variety of sites. Yet, for the most part, it's focused on having full control -- that is, making them streaming versions only, on specific sites, often complete with advertising. However, it looks like the company is finally realizing that a little uncontrolled distribution isn't such a bad thing. Viacom-owned Spike TV is trying to promote a new TV show by distributing a commercial-free, DRM-free download of the show through a variety of sources including P2P system Limewire. The company admits that it's just trying to entice viewers to watch the series on TV when it debuts later this summer, but it makes you wonder how the company can stand up in court complaining about YouTube, when its out there telling people to do whatever they want to help promote this other show. In fact, the folks behind this offering admit that DRM would have defeated the purpose, which is to get the show seen by as many people as possible: "We're trying for a bit of a ubiquity here, to go where the people are." Wonder if this story will make its way into the Viacom-YouTube lawsuit.

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Judge Dismisses LimeWire's Charges Of Antitrust Violations Against RIAA

from the more-evidence-please dept

After being sued by the RIAA, file sharing app provider LimeWire fought back. Beyond claiming that it didn't violate copyright laws (by not "inducing" infringement), the company also countersued, claiming that the RIAA had violated antitrust laws in trying to illegally compete with LimeWire and other file sharing systems. This claim always seemed like a stretch, and apparently a judge agreed, dismissing the antitrust claims, noting that LimeWire failed to provide enough evidence to back up the claim. While it would have been nice to see the RIAA run into trouble on this point, it's true that LimeWire's evidence wasn't particularly strong, so this shouldn't come as a surprise or even be seen as much of a setback. It's just a case where LimeWire reached too far in its lawsuit and a judge quickly saw that.

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No Wonder The Feds Hate Limewire; Terrorist Threat Assessment Leaked Via Limewire

from the so-that-explains-it dept

A few months back, we were a bit surprised at the misplaced anger directed by some Congressional representatives towards file sharing software provider Limewire. There were some outrageous claims about how Limewire represented a threat to national security and how it was all Limewire's fault that stupid government employees had leaked sensitive information. Of course, this was misplaced because it wasn't Limewire's fault that gov't employees were too stupid to configure the software properly. It wasn't Limewire's fault that gov't employees didn't follow rules that forbid them from installing unapproved apps on their machines -- or on transferring sensitive material to personal computers. Instead, it was all blamed on Limewire. It also wasn't entirely clear what sensitive reports had been leaked... but now we know of at least one. Apparently a national security terrorist threat assessment for the city of Chicago was recently available via Limewire. Though, again, the questions shouldn't be about Limewire, but what gov't employee would (a) have Limewire and classified info on the same computer and (b) configure Limewire to allow that classified info to be shared.

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Limewire Becomes The Latest P2P Company To Try And Go Legit

from the been-down-this-road-before dept

P2P company Limewire, one of the lucky recipients of an RIAA lawsuit following the Supreme Court's Grokster decision, has announced that it's going legit and trying to shed its image as a treasure trove of unauthorized content by opening a DRM-free music store. While it's nice to see more companies become DRM-free music retailers, it's hard to see Limewire succeeding where so many other P2P operators have failed. As Om Malik notes, plenty of them have gone down this path, and none of them have really seen any success. Their user bases simply shrug and move on to the next network -- and there's no sign that things will be any different for Limewire.

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