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General discussion

5/6/05 What's safe and legal to download using a file-sharing program?

May 4, 2005 9:24PM PDT

Thanks to all of you who contributed to this past week's Q&A topic.
Gretchen, I hope this week's members' advice give you some direction to your concerns. Whatever your decisions may be, please take extreme cautions when downloading programs, we really don't want you to return and have to submit another question on how to get rid virus or spyware contracted using a file sharing program. Grin So good luck!

Members, if you have more questions, or additional advice for Gretchen and other members wanting to use a file sharing network, by all means feel free to post them in this thread below. It?s all up to you as a community to contribute and learn from one another. So keep on posting.

Thanks everyone and have a great weekend!
-Lee Koo
CNET Community


Question:

I'm a new user of Kazaa and am looking for some guidance. Is there any reasonable way to know when I'm downloading a file that it's legal and safe for me to download? I'd love to get some good peer-to-peer stuff, but I don't want to break the law or accidentally download any viruses. Thanks.

Submitted by: Gretchen G.


Answer:

Since your question really has two parts: legality and security, I will answer them separately.

Simply put, there is no easy way to know for sure that what you are downloading is legal. You would need some way to determine the owner of the copyright and confirm that they have made it available for download. However, you can determine with reasonable certainty a good portion of that which is illegal to download:

1. Virtually all major software (this excludes open-source software such as Linux). With software, you can check the product homepage to find their licensing conditions. Anything by Adobe, Microsoft, Macromedia, and the other big makers is almost certainly not legal.

2. Motion picture releases. Essentially any motion picture backed by a major film studio is the property of the studio, and they're not likely to let it go on a peer to peer network.

3. Music by "known" artists: This is the area with the most uncertainty.
Known artists generally don't want their music on peer to peer networks.
Unknown artists may actually be trying to use the peer to peer network to gain publicity, so it is POSSIBLE that their music is legal, but I would still be wary. If you'd like to download music legally and free, check out Amazon.com's free downloads:
http://www.amazon.com/exec/obidos/tg/browse/-/468646/ref=m_mh_mn_dd/103-0112
735-7159052

As far as the security of your downloads go, the most important things are the normal mechanisms for securing a computer:

1. Run a well-known anti-virus product and keep its definitions up to date at all times. Scan all files you download immediately.
2. Don't run programs of unknown status.
3. Use a firewall: Windows XP has one built in, and there are a number of other good ones out there.
4. Be careful of what you download and think if it seems reasonable: there are few software programs out there under 100 kilobytes, but plenty of viruses and worms fit the category.

Good luck with your downloads!

Submitted by: David T.

Discussion is locked

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Quite correct... in both cases.
May 6, 2005 3:29AM PDT

Yes these products are free, but they are not licensed for that type of uncontrolled distribution on P2P networks.

As a general rule, anyone trying to download something like Acrobat Reader from a P2P client is absolutely bonkers, for a number of reasons:

: With big companies like Microsoft or Adobe, their webservers will operate much, much faster than any download you will find on P2P. I would even be inclined to say that other, smaller servers like Nullsoft's Winamp would still be considerably faster.

: You are more likely to get a full and uninterrupted download by using a central server (like Adobe's). You're download is not affected by host logging off, and the likelihood of server failure is seriously remote.

: When downloading direct from the supplier, you are guaranteed a correct and current version ? not an old or potentially hacked version.

: When downloading direct from the supplier, you are also dramatically reducing the likelihood of obtaining a virus in that file.

: And most importantly, you are agreeing to that company's license agreement and obeying the law, instead of breaking it and unwittingly promoting the spread of potentially dangerous software.

So, unless the program is unavailable anywhere else and you are not afraid of breaking the law ? don't download software (even open-source, legal to distribute stuff ? it may be very different from the actual version) from P2P networks.

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THere are precautions you can take
May 6, 2005 11:09PM PDT

The usual protection provided by the publisher against tampering, virus insertion, whatever, is some tipe of secure checksum or signature. You compute the signature of the p2p downloaded package against the one on the publisher's server. It is very difficult to change even 1 byte of the package without changing the signature, so that is your assurance that the content is original.

Note that Bittorent (a p2p system) for one does this automatically, though you certainly have to get the torrent file (package specification) from a trustworthy source. Yes, I HAVE gotten software this way from publishers who want to keep their bandwidth bill down.

Please don't project your ideas of what is universally illegal in this area. If a copyright holder allows it, then it is legal. Some do.

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depends...
May 5, 2005 10:35PM PDT

what has been said here is probably correct in the u.s. of a. there are, surprisingly, still other countries, where things are different: in germany, e.g., it is completely illegal to UPload copyrighted material (software, movies, music...), but not to DOWNload it. the legal understanding being, that the person who makes the stuff available MAKES a copy (which is illegal) and the person who downloads it, only TAKES the copy (which is ok). so it's legal to download anything as long as the stuff downloaded is not illegal to possess in the first place (child porn, for example).

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Pay-per download services
May 5, 2005 11:09PM PDT

Where can I find a Pay-per-download service that does not require a subscription fee? I only download a few songs per year and don't want to pay for something I'm not using.

Wal-Mart has such a service, but their selection is quite limited. I'm looking for semi-obscure 60's & 70's tunes.

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It was true in the 80s and still true today
May 5, 2005 11:15PM PDT

Remember the days of yore, before internet? When you borrowed your friends vinyls or CDs and made copies on tapes? Same with games and videos as well, as long as you knew someone with two VCRs or a double tape player. I used to have 1,500 games on my Commodore 64 and Amiga, of which I had bought around 10. No big company gave any thought to this back then.

The same sharing policy can be applied today! Just share with your mates, and they have mates, who have other mates, and so on, and so on, ad infinitum.

All IM programs, including Skype and ICQ, have excellent filesharing abilities, creating vast networks available to you if you take the time to actually talk to the persons involved.

This is the safest (though not legally correct) way of sharing files. On ICQ you can even have a folder shared to your contacts from which they can download stuff from your harddrive.

So share with your friends, not strangers, and who knows, maybe your workmate's cousin's uncle in-law, has the same taste in music and movies and you will become great friends?

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It was also true in the 90s and currently NOW
May 6, 2005 12:17AM PDT

All that I can say is this person must work for the FBI.

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You know it is true
May 8, 2005 11:21PM PDT

MI6 actually, but don't tell anyone.

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What About Limeware?
May 5, 2005 11:15PM PDT

Ok, so everybody agrees that most p2p download songs and software are illegal, and this Kazaa thing is trash. So far, I've heard no mention of Limeware. I stumbled across this a while back and have used it extensively. (Not all the time, but in bursts. I don't leave it on except while searching.) And so far, the worst problem I have had is songs mislabled because several artists did them, or someone thought a particular artist did the song.

While many replies have suggested getting free songs from sites that provide them as promotionals, or new artists looking for exposure, I have no interest whatsoever in any of the new stuff. My main interest is in the 50's and 60's, maybe some 70's. And there's not much of that available for free and legal. Someone mentioned that they didn't mind paying 99 cents to download a song. Well, if I downloaded 700 old songs, most of which are no longer available commercially, that would amount to $700. Interestingly enough though, I probably have as many mp3's ripped from CD's I personally own, as from downloads. I download the stuff I can't find anywhere else. It fills the gap.

As far as looking over your shoulder for the FBI, we might as well get used to it, as much as we may despise it. For example, the government is right now trying to make vitamins illegal. It's no joke. Who knows where it will end?

Anyway, if you want to download stuff, try Limeware. I've never gotten a virus or spyware from it, and 98-99% of songs are good. Oh, and Limeware DOES claim that their downloads are legal. Whether it would hold up or not, I don't know. But they have a big long page explaining why it's (supposed to be) legal.

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Limeware
May 5, 2005 11:25PM PDT

I use it, too, and so far, so good. Dunno what the legality is--and I shut down quickly, also, after a few downloads. But they claim they're legal, and if you pay for the "pro" version, it gets even faster. There's no spyware or popups, and "corrupt" files get caught before they reach you. I really love it, even though I have Rhapsody to turn to, if I want to pay!

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Limewire & Limewire Pro
May 6, 2005 3:08AM PDT

As far as the Pro version of Limewire, it is faster and no advertisements. I also found Limewire Pro program on Limewire. Isn't that a little ironic?

As far as viruses, wrong files, broken files, they do still exist on Limewire and Limewire Pro.

My advice to anyone using any P2P program, do not download .exe files at all. And definitly use a good updated anti-virus and spyware program.

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60s and 70s for legal downloads
May 5, 2005 11:37PM PDT

ck out

http://www.synerdata.com/requests

for my program MP3Artists Radio.

The show is aired on more than one station..
and the idea behind it is finding the listeners great fre, legal, download music.

also ck bands websites and record labels.
There is a ton of free legal music out there from signed performers and bands.

you just have to know where to look and you have to do it promptly.

In mp3 land you have to "get it while you can", like Janis Joplin once sang.

there are sites that both sell and offer for free download some of this music......

one is

http://www.progarchives.com


<b> as for the main question of whether much of peer to peer is illegal to download.....?</b>

Technically speaking "downloading" music without the owner's permission is not illegal, posting or distributing the music without the copyright owner(s) permission, in many cases there are more than one, is explicitly illegal and has been for sometime, though it is pretty much spelled out that way in "DMCA of 1998" (The Digital Millenieum Copyright Act)


The winning answer has some right elements to it, but it pretty much is technically incorrect when it comes to peer to peer, which is not uncommon.


The best way to learn about copyright , is to research it yourself, and ck out:

http://www.loc.gov

http://electronicfrontier.org

http://www.ARL.org

and

http://www.downhillbattle.com

hope this info helps you !

Happy

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Limewire is just another P2P network...
May 6, 2005 3:35AM PDT
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It's wrong to get CD-quality music for free
May 7, 2005 5:18AM PDT

>> I have no interest whatsoever in any of the new stuff. My main interest is in the 50's and 60's, maybe some 70's. And there's not much of that available for free and legal. Someone mentioned that they didn't mind paying 99 cents to download a song. Well, if I downloaded 700 old songs, most of which are no longer available commercially, that would amount to $700. <<

It's one thing to download music. It's another to pretend it's ethical to download music. I've downloaded lots of music, often trying to make excuses such as "I already own the vinyl version" or "this is an obscure song I don't want buy a whole CD for" or "I don't really care about this song, I wouldn't pay for it if I couldn't get it for free." These are lame rationalizations, and it doesn't mean it's okay to get cd-quality recordings for free.

As to your saying most of your desired songs are "no longer available commercially," what makes you think so? Amazon.com has a huge library. Then there's Ebay. I doubt you've fully explored the concept of paying legitimately.

I've been a "sinner" in this regard, getting cd-quality music for free, but I'd never claim it was ethical.

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CD Quality....Hardly.
May 8, 2005 12:17PM PDT

Music downloaded on a peer to peer is a far cry from CD quality. If you examine the actual waves that make up a CD and a typical MP3 you would understand why.

The best quality you get off peer to peer downloads is substandard even by FM Stereo standards. You are dealing with fidelity that would make someone go out and buy the CD just to get decent sound quality.


You are completely wrong about the sound quality of MP3s and that is easily scientifically proven.

I know I have to re engineer mp3s for airplay , DAILY, because of poor recording anf encoding.

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Upgrading from vinyl
May 9, 2005 11:48AM PDT

>> Music downloaded on a peer to peer is a far cry from CD quality. <<

Blah, blah, blah. My point is, it?s okay if I make a CD by uploading my vinyl into the computer, because what I get is still only vinyl-quality music, with pops and hisses, etc. People who download songs and try to justify it by saying ?I already purchased the vinyl? are still getting far better quality without paying for it, and that?s cheating.

In the past I downloaded music and tried to rationalize it just that way myself, but I was sort of fooling myself. Now I pay as I go.

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cry me a river eric the reformed downloader, lmfao
May 10, 2005 11:49AM PDT

right we believe you'er just a poor guilty conscience racked ex downloader reformed sinner.

Dude you don't know jack about audio science, ethics , or THE LAW.

The Law clearly states an owner of media containing copyrighted intellectual property, may be backed up using whatever technology is available to that media's owner.

Why don't you go satisfy your deep downloading desires
and get yourself some more porn or music that you already have on your hardrive and never got rid of from your "downloading days". Get an education, you obviously know little or nothing but your own opinion on this.'

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Cheating
May 13, 2005 10:59AM PDT

Wow, dude, if this is your idea of flirting, you?re not very good at it. But let?s stay on the subject.

>> The Law clearly states an owner of media containing copyrighted intellectual property, may be backed up using whatever technology is available to that media's owner. <<

Um, any particular country?s law you?re quoting here? Oh, wait, you're not even quoting it. LOL

Questions of legality aside, I?m against cheating. If I own the vinyl, and I download an MP3 and burn a CD, then I?m getting a free CD, and that?s cheating.

I realize that when master debaters engage in personal attack it usually means they?ve lost the argument, but give it a try anyway, okay, little buddy?

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Hey gretchen and a message to all
May 5, 2005 11:56PM PDT

I use the following programs to see what is out on the net...one of them is illegal for the RIAA, the MPAA, and the US Government to even monitor. The one that can not be monitored is Direct Connect found at http://www.neo-modus.com the catch with this program is you need to share a substantial amount to get into certain hubs. Shareaza (http://www.shareaza.com) is a great program with 100% no spyware, only difference there is that it uses it's own network plus Grokster's and eDonkey's. Kazaa lite I used to use, but due to it's popularity with the RIAA and MPAA, they have overloaded it with bogus copies of most songs. On Shareaza users can comment on files and let you know ahead of schedule if the file is a bogus one. Hopefully this information is helpful to all. Long live the resistance Happy.

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Illegal File Sharers Attention
May 6, 2005 3:27PM PDT

It's not just illegal to share copywritten material without permission, it's immoral. If you don't own it and the owner hasn't given you permission but you download it or upload it for others to grab - You are stealing it.

Many artists do provide some of their work for free download, I do myself, with the caveat that it's for personal use. It's good business - give folks a sample and they'll buy whatever it is your selling.

Google the band name if you're looking for some of their work. Look for permissions to make sure it's legal. Please don't steal - songwriters deserve the opportunity to retire too.

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so is the bible (immoral)
Mar 17, 2006 12:42AM PST

hmm let's see here...immoral to steal songs is it...well then I guess everything is immoral than. Take a look around you...even in your songs. Everyone is immoral. Deal with it.

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what?
Mar 17, 2006 10:35AM PST

Your message does not make any sense. Of course it is immoral to steal, no matter what it is. I don't get how you take the leap to everything and everyone is immoral. Are you on something?

Michael

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nope
Mar 18, 2006 1:42PM PST

It just doesn't make sense how one minute people find certain things immoral and other things not. Like people who smoke medicinal marijuana are considered immoral in the eyes of the feds. On one hand people view these people as not immmoral, while others do. I was just stating the obvious. Anyways, if it can be retrieved off of the net, like I could do a background check on you for $20...is that a moral thing to do...probably not, but I can. So to answer a few questions about the internet...if I can get it for free I will and I have no qualms about it since I have no morals...I could care less about other people's opinions and morals since I would rather live my life carefree. Sorry if some people do not agree with that style of life, but guess what...it's my choice...and your choice is either complain and whine...or change the channel.

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good
Mar 18, 2006 5:16PM PST

I am glad you have finally shown your true colours. You have said that you couldn't care less other people and have no qualms getting something that is not free, for free, if you can. That definition makes you a thief at worst and a receiver of stolen goods at best.

No I don't agree with your style of life, I live believing in other peoples rights to make an honest living and to help and have compassion for each other. It is your choice and also your choice to whine and complain about other people who disagree with you and to try to justify your pathetic and sad attitude. I also have the right to express my point of view.

Michael

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this is true
Mar 18, 2006 10:33PM PST

My question to you is why do you have morals...is it due to religion or due to self-righteousness. However, what troubles me is why am I considered a thief? Riddle me this....with the expanse knowledge one can learn from the internet and use in reports (for college homework), and likewise...why do college professors consider that sometimes immoral to copy and paste certain paragraphs...or better yet, you change the format of a paragraph into your own words...yet they still call it plagarism. It's a no-win situation...basically what I am trying to condone is that RIAA and the MPAA, as well as glorified artists who should really make the same amount of money as the people who run this website (the average Network Administrator makes 150k to 300k). While a singer gets over a million a year because they sang and toured. Wow...a network administrator has more responsibility than a singer should ever have. People should be paid within reasonable salary ranges...not glorified, over-inflated wages. Thus my opinion...singers, musicians, and bands make way too much money so they should not gripe...and of story...next case.

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What a sad question
Mar 19, 2006 8:31PM PST

You ask 'why do I have morals?' what a weird question. I am not religous and I consider your attitude more self rightous so why do I have morals? Well I can't answer that, I suppose I believe in the basic goodness and honesty of people and like to do the right thing than purposely hurt people for my own selfish goals. Apart from that I think the question is very sad and feel very sorry for you.

The reason why professors do not like plagarism is because you are taking someone elses intelligence, effort and perseverence and passing it of as your own. Thats pretty low. Apart from that it also means that you have not learned anything, which is why you are there in the first place. I mean all you have demonstrated is that you are capable of using ctrl c followed by a ctrl v and performing some formatting, in my book that means you learned nothing, did nothing and trying to get something for nothing, which I think sums you up nicely.

As for the size of pay packets who are you to decide what someone is worth? Network administrator are paid that much because through hard work, perseverence and attitude they have learned a skill that a company values to that degree. The money is not coming out of your pocket. Likewise if an artist makes a company millions because millions of people derive enjoyment from their art, novel, music or whatever then they receive what they are worth to that company. It should be noted though that most artists do not make enough from their passion to make a living. Also the disaster of a life most artists, actors etc have and there lack of privacy, trivial and shallow relationships etc does not make me envy them at all.

You should stop feeling sorry for yourself and envying everyone else and go out there and carve out your own niche in this world. It may take some hard work and effort but the rewards and satisfaction will be well worth it Happy

Michael

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hmm let me ponder this for a moment
Mar 20, 2006 9:14PM PST

Hmm I don't seem to feel sorry for myself...and I don't envy other people. I happen to enjoy my life, technically everyone around me says I have too much positive energy, as well as I have the energy of most 10 year olds. Regardless, my comment about artists was not that I envy them...I just don't believe in their salaries regardless if they make millions of people like them, it's ludacrious. Anyways, I like staying home and enjoy raising my son, playing video games with him, as well as playing video games by myself. I do have morals...and you are right...I am self-righteous, since I believe that a world without religion would be a better place since there would be no wars over religion, amongst other things.

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also in reference to last paragraph
Mar 18, 2006 10:38PM PST

Hmm pathetic and sad attitude huh...hmm let me ponder that for a bit...on second thought, I don't have to. I have more than helped lots of people who have asked for things for free and not pay the over glorified costs of music. Regardless, I find it funny how you think I live a pathetic life when I'm livin it up, amazing...didn't you get the memo...nice people finish last.

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Its not a race.
Mar 19, 2006 8:48PM PST

So you help people get things for free, that does not make you a philanthropist when you give people stuff that is not yours.

And I did not say that your life was pathetic (it might be, I don't know) only that your attitude was. If you are living it up so much why do you have to steal?

Didn't you get the memo...what comes around goes around.

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umm it is a race, but whatever
Mar 20, 2006 9:19PM PST

Just to sum me up and explain myself a bit. Highly energetic, suffers from ADHD (actually I enjoy every minute of it), work 2 days a week at a non-profit organisation on their computers, have a 5 year old son, and have had a steady relationship with his mom. Now to flip the coin on it's edge...I have done the whole nice guy thing...and paid for everything...don't get me wrong...when Microsoft releases a new OS, or the next great video game comes out, or Anti-Virus...I pay for those (pirating those are no fun due to the hassles of single-player only, and the loss of definition updates). This is the come around part for me...the goes around part was them.

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just to add-on to this
Mar 20, 2006 10:17PM PST

My feeling is that the world needs to worry more about the more important immoral decisions people are doing (rape, terrorism, murder, drugs, expensive health care, higher interest rates, credit scores, gas price gouging, etc.). So the world as a whole needs to clean up these immoral eye sores, before worrying about P2P people.