Slyck.com
 
Slyck Chatbox - And More

BearShare Settles for $30 Million

Discuss Slyck's latest news
Forum rules
PLEASE READ BEFORE POSTING: Slyck Forum Rules

BearShare Settles for $30 Million

Postby SlyckTom » Fri May 05, 2006 2:51 am

Free Peers Incorporated, a company that distributed the BearShare Gnutella application, has reached a settlement with the music industry. According to court records, FreePeers, Inc. will pay a $30 million dollars to the plaintiffs of this case (Capitol Records, Sony-BMG, UMG Recordings, and Warner Music.)

On May 3rd, the plaintiffs filed a complaint against Free Peers, Inc., Vincent Falco (CEO and developer) and Louis Tatta (developer.) The plaintiffs contend that "...massive copyright infringement is the very purpose of the BearShare System and software...Defendants know it; they encourage and contribute to it; and they readily could prevent it - but choose not to."

Faced with the near impossible task of battling on the music industry in the P2P-hostile US courts, Free Peers, Inc. instead opted to negotiate. Free Peers, Inc. could theoretically challenge the complaint; however the current political climate is unlikely to benefit this P2P firm.

On June 26, 2005, the Supreme Court unanimously ruled, “We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

With a firm pro-music industry victory now in place, Free Peers, Inc. and several other P2P firms were the recipient of a September 13, 2005, cease and desist notification from the RIAA. The letter stated,

"We demand that you immediately cease-and-desist from enabling and inducing the infringement of RIAA member sound recordings. If you wish to discuss pre-litigation resolution of these claims against you, please contact us immediately."

It’s not clear whether the $30 million settlement was part of the above proposed negotiation, especially considering the music industry filed a complaint regardless. It’s possible the May 3rd filing was a means to force Free Peers, Inc. into negotiations and a settlement. As part of the settlement reached on May 4th, FreePeers, Inc. will give up all intellectual property rights to the BearShare name. This includes the BearShare source code, all associated domains (over 100), and its massive user base. Who benefits from this blockbuster deal?

The music industry, as it's now $30 million richer. Who else you ask?

P2P old timer, iMesh. Although the assets technically go to a purely administrative subsidiary, iMesh inherits everything related to BearShare; with the exception of its employees. It’s an amazing coup for iMesh, who benefit from being the only authorized P2P service. The P2P company has so far received the best settlement deal from the music industry. iMesh managed to settle at a comparatively low price ($4.1 million), while also being granted the right to continue its existence.

Perhaps comforting to some, the BearShare product shouldn't be considered completely dead. BearShare will still be distributed on BearShare.com, however the source code will not be released. Future development (albeit not from Mr. Falco or Mr. Tatta) is entirely conceivable as part of the growing iMesh consortium.

$30 million is a tremendous amount of money - even if the bill is split between three entities. However BearShare was, and still is, one of the best examples of file-sharing software ever developed. This kind of achievement doesn't go unnoticed, and neither will Mr. Falco or Mr. Tatta when they venture off into the IT world.

Thanks to IceCube for breaking this story to me.
Last edited by SlyckTom on Fri May 05, 2006 11:45 am, edited 2 times in total.
Follow us on Twitter @SlyckDotCom
Join our Facebook Fan page
SlyckTom
 
Posts: 5702
Joined: Fri Jul 26, 2002 7:22 pm
Location: New York City

Postby SlyckChuck » Fri May 05, 2006 3:27 am

Nice job as always Tom! 8)
Last edited by SlyckChuck on Fri May 05, 2006 2:04 pm, edited 1 time in total.
The 80's Still Rule
User avatar
SlyckChuck
 
Posts: 7025
Joined: Sun Jan 18, 2004 12:57 pm
Location: On Earth

Postby Aaron.Walkhouse » Fri May 05, 2006 3:39 am

Don't forget to mention that the old gang of the BearShare
forums and the former beta testers don't trust versions
5.2 and up and are warning everybody they can to stick
with 5.1 or less.
User avatar
Aaron.Walkhouse
 
Posts: 294
Joined: Mon May 01, 2006 8:02 am
Location: My igloos melt in June

Postby credog » Fri May 05, 2006 4:43 am

Tom, I think you have a typo in the first paragraph, see Imesh:

iMesh will pay a $30 million dollars to the plaintiffs of this case (Capitol Records, Sony-BMG, UMG Recordings, and Warner Music.)
This signature sux
credog
 
Posts: 74
Joined: Sat Jan 24, 2004 6:27 pm

Postby Assyrian » Fri May 05, 2006 5:40 am

Just PM him with the typos.

Great article mate.
away.
User avatar
Assyrian
The King
 
Posts: 4822
Joined: Wed Aug 25, 2004 4:00 am
Location: Sydney, OZ

Postby jimmy90 » Fri May 05, 2006 5:59 am

Burn, Vinnie.

:evil:
Last edited by jimmy90 on Fri May 05, 2006 9:20 am, edited 1 time in total.
User avatar
jimmy90
 
Posts: 357
Joined: Mon May 05, 2003 7:48 am
Location: Neo-Rave Armageddon

Postby SlyckScratch » Fri May 05, 2006 6:11 am

$30million eh?

Until I see some proper figures on how this figure is calculated i'm going to presume it has as much credibility as the $1m Loki settlement - i.e no credibility whatsoever.

Why not make it $300 million? Farce
I know what you're thinking, punk. You're thinking, 'Did he use six superfluous adjectives or only five?' To tell the truth I forgot myself in all this excitement - but as I deal in English, the most powerful language in the world with subtle nuances that may blow your head clean off, you've got to ask yourself one question: 'Do I feel loquacious?' Well do you punk?
User avatar
SlyckScratch
 
Posts: 8412
Joined: Sun Jan 30, 2005 7:31 am
Location: D>E>X

Postby Aaron.Walkhouse » Fri May 05, 2006 6:25 am

Don't bother with official releases of BearShare
anymore. I just looked at the install and it would
require you to render your system defenseless just to
install the new (180solutions) Zango spyware and then
you'd lose BearShare every time you ran any spyware
scanner.

I had considered BearShare 5.2 to be a dead end since
last year and this, plus the fact that the remote
download throttle is in place and turned way down to
64K puts the final nail in the coffin. This sudden
move to Zango is probably intended to drive away the
smarter users so they aren't around when the rest
notice something funny is going on, just like the
sudden forum shutdown and the sudden Chat cutoff.

By the way. The installer itself has become spyware
too. It secretly connects to www,bearshare.com and an
anonymous server in Israel as you try to install.
It refuses to run if you have the 180solutions sites
blocked in your HOSTS file and actually offers to
"fix" your protection for you. No thanks, I'll stick
to b25.
User avatar
Aaron.Walkhouse
 
Posts: 294
Joined: Mon May 01, 2006 8:02 am
Location: My igloos melt in June

Postby Nick » Fri May 05, 2006 7:16 am

$30million eh?

Until I see some proper figures on how this figure is calculated i'm going to presume it has as much credibility as the $1m Loki settlement - i.e no credibility whatsoever.

Why not make it $300 million? Farce

Bravo!

About as credible as the $600k reportedly awarded against the 67 year old grandfather, Fred Lawrence, when his pc was used for filesharing by his grandchild.

Even if a judgement is made, enforcing it is another matter altogether as characterised by the sudden rush to book one way tickets to Vanuatu

http://wiredfire.org/index.php?option=com_content&task=view&id=75&Itemid=52
Last edited by Nick on Fri May 05, 2006 11:33 am, edited 1 time in total.
Nick
 
Posts: 3840
Joined: Sun Jan 30, 2005 7:38 am

Postby jokster » Fri May 05, 2006 8:15 am

If the **aa gets $30 mill from bearshare for copyright infringement by it users does that mean that all bearshare users who the **aa blackmailed monies from will get their $$ back, as bearshare has paid it for them now? Or will all actions against bearshare users end?

Yeah and the devil is ice skating around his house today!
Capitalism Is Cannibalism
Resistance is fertile
User avatar
jokster
 
Posts: 917
Joined: Sun Nov 06, 2005 6:54 am
Location: Norn Iron

Yah....MPAA Refunds

Postby king8654 » Fri May 05, 2006 9:54 am

The day the MPAA refunds anyone...is the day CompUSA gives full refunds on opened PC Games with no manuals or a receipt..

The 30$ million is directed towards Bearshare and its parent company. The money sapped by John Doe's is obviously not being returned. But i must say, to be sued by the MPAA or RIAA takes some lack of common sense in the P2P catagory. Using bearshare and sharing your 1000+ songs with mixed in top 100's..not the smartest idea. Oh well, people will learn just like creative labs did when they realized their video cards sucked. :)
User avatar
king8654
 
Posts: 1087
Joined: Thu Oct 28, 2004 10:56 am

Postby TcE » Fri May 05, 2006 9:56 am

program was sh*t anyway
TcE
 
Posts: 443
Joined: Thu Dec 29, 2005 7:45 pm

Postby herk » Fri May 05, 2006 9:59 am

What a travesty to P2P. Settlement or no Settlement!
herk
 
Posts: 42
Joined: Sat Jan 01, 2005 4:58 pm

Postby altpdend » Fri May 05, 2006 10:28 am

do this make any difference at all i thought bearshare was long dead anyway
altpdend
 
Posts: 276
Joined: Wed Dec 01, 2004 1:35 pm

Postby SlyckScratch » Fri May 05, 2006 10:36 am

Yahoo News Headline wrote:The operators of the BearShare online file-sharing service have agreed to pay $30 million to avoid potential copyright infringement lawsuits from the recording industry.


In other news - man commits suicide to avoid being killed to death :roll x 1,000,000:
I know what you're thinking, punk. You're thinking, 'Did he use six superfluous adjectives or only five?' To tell the truth I forgot myself in all this excitement - but as I deal in English, the most powerful language in the world with subtle nuances that may blow your head clean off, you've got to ask yourself one question: 'Do I feel loquacious?' Well do you punk?
User avatar
SlyckScratch
 
Posts: 8412
Joined: Sun Jan 30, 2005 7:31 am
Location: D>E>X

Postby Trev0r269 » Fri May 05, 2006 11:27 am

Yeah well, big number aside I think this only supports the shady dealings that many of us thought were going on.

Is there a non-java gnutella client for windows that isn't spyware infested and still in development? I don't think so.
Trev0r269
 
Posts: 584
Joined: Mon Feb 23, 2004 7:53 pm
Location: Slow - hio

Postby zbeast » Fri May 05, 2006 11:27 am

I haven't used Bearshare in years being that it's been polluted with spyware.
But its always a shame to see the **AA's "win" any battle.
Even if that battle is is a paper win.

I only hope that goings on's like this does no affect the technical innovation in the p2p space.
Even if that tech development must continue outside of the USA.
The death of NZB's and BNR in the USA did not kill the tech it's still on the table ready to someone else to innovate and develop into something that's protected from the attacks these predatory media groups.
So never stop thinking and never stop innovating
zbeast
 
Posts: 6728
Joined: Thu Apr 01, 2004 5:20 pm
Location: Behind that itch. yes, that one right there.

Postby Allied » Fri May 05, 2006 12:51 pm

I don't understand. Why does iMesh get BearShare's name and code?

How do I enter this into the graveyard? BearShare dead, but corpse currently being used by iMesh?

I assume some group of developers out there is going to release a "Frost Bear" or something? I mean the source code is still out there.
Allied's Review:
Recommended: LimeWire | Ares | Shareaza | eMule | KCeasy
Not Recommended: Morpheus | Kazaa | eDonkey2000 | Manolito | iMesh
User avatar
Allied
Mostly Harmless
 
Posts: 2170
Joined: Sat Aug 14, 2004 11:23 pm
Location: Behind You Shoe Size: 11.008 BitTorrent: µTorrent Nationality: Canuckian Newsgroups: GrabIt

Postby GraphiX » Fri May 05, 2006 12:57 pm

what i dont understand guys and girls is this

they have been sued for say 30million as stated but they are still allowed to carry on distro'ing the original software on the original website?

if they have now sold the rights to whoever incl rights, patents, copyright and source code how can they still be allowed to host/promote and still allow the software to be downloaded.

this whole thing is totally backwards.

why get sued for a program then still after paying out all that money keep it available to probably be sued again at a later date for the same thing?

you'd think if the mpaa/riaa or whoever now owns the rights and original code to the software they would choose to take it offline and not make any more version available if they do not own the program anymore how in the hell are they getting away with still distrobuting it?
GraphiX
 
Posts: 922
Joined: Sun Jun 12, 2005 7:19 pm

Postby zbeast » Fri May 05, 2006 1:33 pm

That was kind of my same confusion.
They give there source code to the RIAA but they still
have the software available for download.
So now are they now a partner with the RIAA or Imesh.
Do you trust this software now?
It's closed source and it's may have been infected by the RIAA.
I for one would now treat it and it's website in the same way
I would work with someone with ebola. Run like hell.
http://www.cdc.gov/ncidod/dvrd/spb/mnpa ... /ebola.htm

You just have to create a new subgroup for your graveyard the "UNDEAD".
Clients that are around that should not be
used because they may be possibly infected with the disease called the RIAA\MPAA. (imesh)(bearshare)
http://nostalgia.planethalflife.gamespy ... zombie.jpg

There are lots of other gnutell clients out there.
if your using bearshare I would stick with the old versions or just use something else.
http://en.wikipedia.org/wiki/Gnutella
Last edited by zbeast on Fri May 05, 2006 1:45 pm, edited 2 times in total.
zbeast
 
Posts: 6728
Joined: Thu Apr 01, 2004 5:20 pm
Location: Behind that itch. yes, that one right there.

Postby GraphiX » Fri May 05, 2006 1:42 pm

ty Zbeast i thought maybe its only me who thought this but seems not now :)

so can someone who know what is actually going on explain this? how can they still want it to be even available to anyone anymore?

i thought it would be like dvd decrypter macrovison bought the rights and then took it offline everywhere. i thought this would of been the exact same but seems not seems they are mentioning nothing at all about it at bearshare.com even in the latest legal news sections.

im actually wondering since no official news of this has been mentioned anywhere if its actually real.

this just does not make any sense
GraphiX
 
Posts: 922
Joined: Sun Jun 12, 2005 7:19 pm

Postby Allied » Fri May 05, 2006 1:47 pm

According to this,
http://apnews1.iwon.com//article/200605 ... e&SEC=news
BearShare was forced to sell their name and code to iMesh as part of the settlement. I guess the RIAA trusts iMesh with the code now that iMesh is the bitch on the bottom bunk.
Allied's Review:
Recommended: LimeWire | Ares | Shareaza | eMule | KCeasy
Not Recommended: Morpheus | Kazaa | eDonkey2000 | Manolito | iMesh
User avatar
Allied
Mostly Harmless
 
Posts: 2170
Joined: Sat Aug 14, 2004 11:23 pm
Location: Behind You Shoe Size: 11.008 BitTorrent: µTorrent Nationality: Canuckian Newsgroups: GrabIt

Postby Nick » Fri May 05, 2006 1:53 pm

Well, as Bearshare is now owned by iMesh, and as iMesh claim to be working with the RIAA, and as Jon Newton's primary sponsors on P2PNet are Bearshare, does that make him an RIAA employee, too?

For that matter, P2PNet having an IP address in common with Warez, I wonder if that also means that Warez are working for the RIAA.

It's getting confusing
Nick
 
Posts: 3840
Joined: Sun Jan 30, 2005 7:38 am

Postby GraphiX » Fri May 05, 2006 2:02 pm

right so if they've sold everything to imesh how can bearshare possibly still distro' it on a website that they dont own the rights too? lol

thats like me selling my car to someone else then taking it for a cruise whenever i feel like it.

there has to be more to this
GraphiX
 
Posts: 922
Joined: Sun Jun 12, 2005 7:19 pm

Postby WildHeart » Fri May 05, 2006 2:03 pm

As for why BearShare is still operating:
A federal judge must still give final approval to the terms of the settlement.

At the present time, iMesh does not own BearShare. (Though it will likely do so)
"Be thankful we're not getting all the government we're paying for."
- Will Rogers -
User avatar
WildHeart
 
Posts: 6025
Joined: Thu Oct 13, 2005 2:09 am
Location: In the Wild

Next

Return to Slyck News

Who is online

Users browsing this forum: No registered users and 1 guest

© 2001-2008 Slyck.com