Thursday, May 19, 2011

Disregard for the Law



This Posting will have MUCH MORE Evidence! Actually more than most. Please Return here often!



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Disregard for the Law

During the ongoing Napster legal battle, a method to control copyright infringing activity was added to the file sharing system. This allowed Napster to ban a users account for repeatedly sharing copyrighted works. ZDnet offered a tutorial to get you back onto Napster as though nothing had happened. The banning of specific Napster users was part of a legal remedy to stop the sharing of copyrighted works.



Section 1201 of the Copyright Act, enacted as part of the Digital Millennium Copyright Act ("DMCA"), makes it unlawful to "circumvent" any technology aimed at protecting a copyrighted work. Although, Section 1201 was intended to defeat technologies to circumvent encryption type protection, I argue that it may apply here. A technology WAS applied to protect copyrighted works from continued infringement. ZDnet offered ways to circumvent the technologies. (Also Cnet recommended File Name Changing Software to Prevent Music Names from being recognized and blocked.) http://1.bp.blogspot.com/_AK3IhXyemnk/S-g-K1QDGZI/AAAAAAAADds/BeGf9BC9YAE/s1600/cnet+napster+namester+get+around+judges+ruling+9+13+2001.jpg

For consideration I must add that under the "Safe Harbor" Provisions of the Digital Millenium Copyright Act:

• The online service provider ("OSP") must (1) adopt, reasonably implement, and notify its users of a policy of terminating the accounts of subscribers who are repeat infringers; and (2) accommodate and not interfere with "standard technical measures" that have been widely adopted on the basis of industry-wide consensus.

I argue that ZDnet offered a method to "Interfere with standard technical measures", to restore full use of the Napster Service to those accounts that had been terminated for being engaged in Copyright Infringing Activities, evidenced in these following screen captures.

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CLICK IMAGE to Enlarge , Screen Capture of Article from ZDnet dated September 07, 2000



Here is a link to an Online "TechDirt forum from 2000 discussing the ban with a link to these instructions!

http://delta.serverbox.net/article_lite.php?sid=000510/024251


ZDnet Music Editor stating that the use of Napster was, in fact, breaking the law. The writer advises the reader not to "break the law,(too much)". Screen Capture from ZDnet on February 2, 2001




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Other articles around the same time period list this Author as "Senior Editor ZDnet Music."

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a MP3 Lauchpad Editor shown in this August 15, 2000 Screen Capture answering that thorny "Are MP3's Legal" Question. With remarkable well, kinda, YES, well sorta, NO, it's fine if you only "Bend" the law. Cropped image as Evidence above, Full Page below, Click either to Enlarge.

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NOTE! CBS INTERACTIVE/CNET HAS DRASTICALLY CHANGED THEIR SITE AND PUT IN DISCLAIMERS AGAINST COPYRIGHT INFRINGEMENT! THIS IS BRAND NEW AS THE NUMEROUS SCREEN CAPS ATTEST! I WILL ADD MORE SCREEN CAPS OF THE ORIGINAL APPEARANCES OF ALL THESE NOW ALTERED PAGES!



http://www.p2pnet.net/story/27598 Interesting Forum Debate! MUST READ!

The Cnet division of CBS Interactive distributes a device ( Software Download) known as Zapshares and promotes it's use with an editorial endorsement by the Cnet Staff as an excellent method to protect yourself while committing copyright infringing acts. The Cnet editorial staff actually demonstrates it's use by downloading a copyright infringing song from Limewire, (Evidenced in Cnet Provided Screen Shot)

In the news in March 2010, was the public statement that a group of companies formed a coalition to bring legal action against 50,000 Torrent File Sharing users. These downloaders were to be sued for downloading certain movies. The guilty Parties to be tracked by IP address. The Zapshares software DID NOTHING to Block IP Addresses! This short screen cap from the Electronic Freedom Frontier will attest to that fact.

Click on the image to enlarge
I argue that Cnet continues to this day to offer solutions to circumvent legal action by distributing devices to shield copyright infringing users. Also stating as an editorial review, legal advice which states that the software works for the intended purpose.

NOTE! CBS INTERACTIVE/CNET HAS DRASTICALLY CHANGED THEIR SITE AND PUT IN DISCLAIMERS AGAINST COPYRIGHT INFRINGEMENT! THIS IS BRAND NEW AS THE NUMEROUS SCREEN CAPS ATTEST! I WILL ADD MORE SCREEN CAPS OF THE ORIGINAL APPEARANCES OF ALL THESE NOW ALTERED PAGES!



http://download.cnet.com/ZapShares/3000-2196_4-10917375.html

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NOTE! CBS INTERACTIVE/CNET HAS DRASTICALLY CHANGED THEIR SITE AND PUT IN DISCLAIMERS AGAINST COPYRIGHT INFRINGEMENT! THIS IS BRAND NEW AS THE NUMEROUS SCREEN CAPS ATTEST! I WILL ADD MORE SCREEN CAPS OF THE ORIGINAL APPEARANCES OF ALL THESE NOW ALTERED PAGES!


Look at the screen capture of the software below. By Stated Fact in the Cnet Staff Review, (in the Previous Screencap exhibit),

The writer admitted: "We downloaded a song with LimeWire while ZapShares was running, and once the download was completed, a small pop-up appeared from the system tray alerting us that our song had been saved to the Secure Vault."

The CBS Interactive CNET Editor/Reviewer admits to have specifically downloaded a song, judging by the provided screen shot it was "Lady Gaga's Bad Romance", a known copyrighted work, from Limewire, and that the software device claims to have protected the downloader from lawsuits and Identity theft.

Click on the image to enlarge greatly.
http://download.cnet.com/ZapShares/3000-2196_4-10917375.html?tag=mncol
The Complete Review by the Cnet Editor's is reproduced as a screen capture below. There is evidence that past software listing records on Cnet have been periodically changed. This screen capture is to demonstrate what was there on the first week of May 2010
http://download.cnet.com/ZapShares/3000-2196_4-10917375.html?tag=mncol

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It is interesting to note the screen capture from the Cnet Site today that the "BitComet" file sharing program has been distributed by Cnet an ASTONISHING 77 Million times! Bit Comet uses the Bittorrent Network.

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