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Sharman woos Hollywood

p2pnet.net News Feature:- Kazaa owner Sharman Networks has significantly ramped up its efforts to become one with Hollywood, strongly underscoring its determination to join the corporate entertainment industry as an active member, with all that implies for its user base.

Its Distributed Computing Industry Association (DCIA) is now openly calling for the MPAA, “to encourage its members, major motion movie studios, to begin working with DCIA members, which include P2P software providers to legitimize file sharing for films“. [Our emphasis.]

Funded by Sharman, the DCIA promotes Kazaa (FastTrack), Altnet and other close interests and, “has had to overcome perceptions put forth by its opponents” that it’s “nothing more than a front for Kazaa,” as it says in one its posts to a p2pnet story here.

The DCIA is a ‘trade association’ reminiscent, in many respects, of the the MPAA (Motion Picture Association of America) and RIAA (Recording Industry Association of America).

For example, the DMCA (Digital Millenium Copyright Act) is a favourite RIAA weapon: the DCIA tried to nail Kazaalite K++ to the wall, using the DMCA as its hammer.

Kazaalite K++ = Kazaa without spyware. As forum mod RatFaced said at the time, it’s ironic “that Kazaa is complaining about copyright issues, especially as K-Lite ++ stands for everything that Kazaa CLAIMS to stand for … but fails to deliver.”

In its DCIA comment post, “the Distributed Computing Industry Association (DCIA) has had to overcome opposition to its basic mission of fostering commercial development of peer-to-peer (P2P) file sharing and more advanced distributed computing applications for legitimate purposes,” it says.

“Advanced distributed computing applications” takes in the Altnet ‘lame duck‘ TrueNames technology it’s been trying to foist on the entertainment industry, as well as the digital rights management (DRM) applications it’s now trying to promote to the labels and movie studios.

Of claims that the DCIA is “nothing more than a front for Kazaa,” it says, “This incorrect charge has been planted on the Hill, broadcast to the press, and disseminated in the marketplace - to discredit the DCIA, distract the trade association from its genuine focus on developing commercial solutions, and discourage companies from joining the DCIA to fulfill its mission.

“On one hand, major music labels, emboldened by their power to close down Napster, have continued to pursue a strategy to boycott P2P technology, enlisting the support of major movie studios, rather than engaging in collaborative development of solutions or licensing their content. On the other hand, unaffiliated P2P software suppliers have resisted supporting anti-copyright-infringement initiatives in favor of perpetuating the status quo.”

Actually, Hollywood hasn’t been boycotting p2p technology. Rather, it’s been relentlessly victimizing file-sharers, most of whom are Kazaa subscribers.

And “unaffiliated P2P software suppliers” may include commercial p2p operators FreePeers (BearShare), Manolito P2P (Blubster), MetaMachine (eDonkey2000) and Streamcast Networks (Morpheus) all of which are are legitimate companies operating p2p services and who founded P2P United, a genuine trade and lobbying organization.

Singly and collectively through P2P United, they’ve been trying to start talks with the corporate music industry for years. The latest battle centres on ‘filter’ technology being touted by the RIAA.

Meanwhile, “DCIA Member Sharman Networks, the owner of Kazaa, would like nothing more than to lead the software sector to enter into licensing agreements with labels and studios,” says the DCIA unctuously. And obviously, it would like nothing better.

However, the DCIA is out there alone. Of the P2P United members, only Grokster Ltd (Grokster), will have anything to do with it.

There’s also a substantial, and steadily growing, base of independent p2p network application providers, but there’s no way these indie firms and invididuals will go anywhere near Sharman knowing, as they do, that the only place the DCIA would lead them would be to certain disaster.

Interestingly, Grokster’s ex-president Wayne Rosso says of the DCIA, “it has no portfolio whateover and yet has the unmitigated nerve to hold itself out as a representative of the p2p industry”. Of congress, Rosso told p2pnet: “They’ve been lied to and misinformed by the RIAA, and now we have the DCIA who are stooges of the RIAA, and proud of it.”

The entertainment industry operates on the principle that anything which increases profits and which might conceivably help it to gain control of how online file sharing is managed is acceptable, no matter how distasteful. Therefore, it’s entirely possible that Sharman will one day succeed in climbing into bed with Hollywood, the fact that members of the RIAA and MPAA have never expressed anything but the utmost contempt for the Sharman, Kazaa, et al, notwithstanding.

Sharman & Co are going all out to collect companies with DRM and associated technologies, having failed to make an impression with their own Altnet ‘technologies’. If they have tools to lock up content in the bag, they’ll become more attractive as potential Korporate Klub members, they believe.

In his Slyck story here, Drake Zamanov says, “It should now be crystal clear that Sharman Networks (the largest group involved in the DCIA) doesn’t give a damn about file sharers. If they did, they wouldn’t be working on incorporating advanced DRM and trying to form alliances with the RIAA and MPAA.

“If they were to strike a deal with the MPAA, you can be sure that Sharman Networks would do everything in their power to hunt down anyone who is sharing ‘unprotected’ files on their network.”

And that’s about where it’s at.

Look at what’s already happening to Kazaa customers. They’re being relentlessly pursued and sued by Big Music. And that’s with Kazaa/Sharman on the outside. Imagine what could happen if Sharman ever gets close to the entertainment industry.

With Kazaa going down the tubes, Sharman will now be pulling out all the stops. It has to come up with something. And fast.

According to Slyck, on January 11, 2003 there were 4,194,808 file sharers on the FastTrack network at the same time. On January 20, 2004, that number was down to 3,770,372. On January 30, 2004 if had slipped to 3,407,587 and, “The latest statistics show that their average online user base is now 2,479,381.”

“There’s no reason why file sharers should support a P2P network that wants to add advanced DRM to their network and charge its users,” adds Zamanov. “Sharman Networks will always be remembered for their successful battles against the RIAA, but unfortunately they will also be remembered for turning their backs on file sharers.”

DCIA enrollees are Altnet, BlueMaze Entertainment, Claria Corporation, Clickshare Service, Digital Containers, Go-Kart Records, Grokster, INTENT MediaWorks, One Love Channel, Predixis, Relatable, Seamless P2P, Shared Media Licensing , Sharman Networks and Trymedia Systems.

These companies reflect a “balanced representation from all key sectors of the nascent distributed computing industry,” claims the DVIA.

And when you get down to it, there’s little difference between Sharman and its enemies in the entertainment industry.

Sharman & Co and the entertainment industry as it exists are locked tight into the old ways of thinking where control, ownership and domination are all.

Creativity, honesty and innovation have no place in that kind of environment.

However, this old system and the archaic ways of thinking are breaking down as more and more people discover they can use independently developed, spyware-free p2p apps not just to collect music and movies, but to share everything - information ideas, philosophies, concepts.

And in so doing, they’re bypassing the RIAAs, MPAAs and DCIAs of the world, leaving them standing still.

Music was the initial focus, and remains so, although the MPAA is starting to look and sound a lot like the RIAA.

But as Big Music rages, an old truth persists:

Music is beyond copyrights, beyond lawsuits, beyond file-sharing, beyond the Net. Music will still be here long after the labels have driven themselves into the dirt trying to own it. Children sing as they play with each other.

Big Music can’t own that.

Jon Newton

HOME

9 Responses to “Sharman woos Hollywood”

  1. Reader's Write Says:

    Kazaa owner Sharman Networks has remained true to its strategy of commercially developing Kazaa since the company’s inception two years ago. It has focused its efforts on adding new features, launching new releases, improving software performance, and offering consumers additional choice and control.

    Specifically, it has made such advances as integrating anti-virus software, introducing security safeguards to prevent inadvertent sharing of private information, developing an advanced family filter to enable parents to protect their children from being exposed to undesirable content, and offering the alternatives of an ad-free premium version as well as a continually upgraded ad-supported version.

    The only unique danger to Kazaa users, and other P2P software users, that has emerged during this time, is the threat of RIAA lawsuits for alleged copyright infringement.

    Why do a disservice to p2pnet readers by wrongly asserting that Sharman Networks desires to “become one with Hollywood,” meaning it does not have the interests of its users as a priority?

    Sharman Networks wants to solve this one remaining problem in a way that will benefit its users and all consumers – not, as p2pnet suggests, sell them out – at the same time as it responds fairly to needs of content providers.

    Aren’t P2pnet readers intelligent enough to know that redistribution of unauthorized content is not acceptable and that the current unresolved situation, with reports of rampant infringement and other destructive behavior, cannot continue indefinitely?

    Creators of copyrighted works deserve to be compensated just as do the developers and distributors of P2P software and others who add value in the content creation and distribution chain.

    Does seeking fair and equitable solutions to the current dilemma qualify an entity for membership in what p2pnet perjoratively calls the “Korporate Klub?” Then shame on p2pnet.

    P2P users, who pay for the bandwidth, storage, transmission, and even some of the marketing of copyrighted works, deserve much more attractive pricing – and many more flexible options – than anything that has been put forth so far, and it is those kinds of solutions that must be sought.

    The $0.99 per track a la carte price charged by old-architecture centralized music download stores was established to be non-competitive with CD sales so that major labels could maintain their retail price control. It is not a reasonable charge to Internet users and is even more unfair to P2P users.

    Although p2pnet tries to distinguish between Hollwood “boycotting p2p technology” and “relentlessly victimizing file sharers, most of whom are Kazaa subscribers,” aren’t these really just two manifestations of the same strategy?

    The entertainment industries have not yet changed from this strategy of trying to kill P2P technology and extinguish file sharing, not only among Kazaa users, but ultimately among all P2P software users. They are the ones who need to alter their course.

    Why does p2pnet imply that users of other less widely distributed file-sharing software applications will somehow be exempt from their bludgeoning tactics, if there is no change in course? Isn’t this naively misleading and potentially endangering to its readers?

    Sharman Networks has always seen the ultimate role of P2P software providers as legitimate participants on the distributor side of the extraordinary new phenomenon of “super distribution” bringing benefits to both consumers and content rights holders far superior to preceding distribution channels.

    This has been frustrated by the refusal-to-deal of major labels and movie studios, although somewhat alleviated by the ever increasing number of smaller independents who have been signing up.

    Its sales and marketing affiliate Altnet has closed a significant number of content as well as distribution deals, and is clearly growing its business and gaining in acceptance in many quarters, and so are other unrelated P2P content distribution firms who offer alternative models.

    After helping launch the DCIA, Sharman Networks has sought neither to control nor subvert the mission of what has evolved as a voluntary, consensus-based trade organization.

    Sharman Networks is now just one of 20 Members in the steadily growing DCIA, including companies who are competitive with Sharman Networks and/or each other, as well as companies who have no affiliation with it at all, but have legitimate roles to play in existing or prospective business solutions.

    The DCIA itself has honestly and straight-forwardly sought to achieve balanced representation from all key sectors of the distributed computing industry, including content providers and digital media rights holders; suppliers of file-sharing programs and related P2P software applications; and companies providing the platforms and technical support services for storage, transmission, security, and exhibition of content.

    It was formed to foster business relationships and an industry environment in which the legitimate commercial development of P2P file sharing and more advanced distributed computing applications can flourish.

    Why does p2pnet believe that the “DCIA is a ‘trade association’ reminiscent, in many respects, of the the MPAA (Motion Picture Association of America) and RIAA (Recording Industry Association of America)?” Is this because the DCIA is trying to develop true commerce – or trade – to replace the litigation and legislative upheaval that, if left unresolved, will just increasingly endanger P2P users?

    The DCIA does not advocate untenable positions nor argue disingenuously for solutions that cannot be supported by all affected parties.

    Instead, it is actively conducting “shuttle diplomacy” between parties on all sides, several of whom are involved in serious litigation. Despite the degree of difficulty, the DCIA is making gradual progress with the major players. Specifics of such efforts obviously must remain private pending the outcome of court cases.

    Is it because of this stealth nature of many of its current activities that p2pnet perceives that “the DCIA is out there alone?” The fact of the matter is that the DCIA is regularly engaged in a large number of confidential solutions-focused discussions with many parties, including representatives of what p2pnet accurately describes as a “substantial, and steadily growing, base of independent p2p network application providers.”

    These entities in many cases have very different, although often equally viable ideas as Sharman Networks, and that is not in any way a problem for the DCIA.

    What compels p2pnet to slander this group by claiming “the only place the DCIA would lead them would be to certain disaster?” These very companies are in fact, with the DCIA’s modest but genine help, now leading each other to launch and market-test a host of business solutions that show great promise.

    While DRM and associated technologies are clearly part of many of these solutions, tools for promoting and ensuring fair use are as important as what p2pnet calls “tools to lock up content in the bag.”

    Key to any viable solution is that it respects the openness of the Internet – regarding access, standards, and intellectual property. Creativity, honesty and innovation are exactly what are needed in this environment.

    Please also see the response to Drake Zamanov’s Slyck story.

  2. Reader's Write Says:

    Hello Sharman representative.

    Listen. I’m not against Sharman making money from their P2P network software. What I do object to is the crap you lot bundle in with your software. All that adware and bloatyness. I also do not object to you cosying up to the MPAA et al. My concern with it is that you will allow content providers access to hunting down the illegitimate sharers once you have your system in place (Or will you just lock out everyone who is not a ’subscriber’ to your new DRM’d network?).

    I have not seen any innovation in the Fasttrack network for ages. All I have seen is more bloated addons and adware. Most people with any ounce of sense will have their own decent antivirus software installed anyhow. And if they don’t. More fool them!

    Whilst it’s true that that Sharman networks has been attacked by the industry such as the RIAA and Sharman has fought against them. The software itself never really went anywhere (What happened to more secure sharing once you knew the RIAA etc were attacking your userbase? You did nothing to help them). In fact it was left to others to backwards engineer the software into Kazaa Lite. Which you folks decided to try and kill using the very tool - read DMCA - that everyone else loathes. You failed on that front too.

    I’m sorry but all your corporate double speak does nothing to qualm my fears about what Sharman’s intentions are and all I can see at present is a company getting ready for a fall and struggling to find a new business model since the last one has so obviously failed.

    RIP Kazaa (At least as we knew it).

    Long live free and open P2P!

  3. Reader's Write Says:

    “Please also see the response to Drake Zamanov’s Slyck story.”

    Before I reply to the statements you made, I would like to see the response to my story.

    My store was originally posted here: http://www.slyck.com/forums/viewtopic.php?t=5426 and I do not see your response.

    Drake Zamanov

  4. Reader's Write Says:

    Hi, Anonymous Coward:

    I, and no doubt a lot of people who’re reading your posts, are wondering why they’re unsigned.

    Anyway, me thinks Sharman/DCIA doth protest too much - waaaay too much - to paraphrase a phrase from Shakespear’s *The Taming of the Shrew*.

    You say, “Please also see the response to Drake Zamanov?s Slyck story”. OK. Where is it? Neither Drake nor I have been able to find it.

    More later ; )

    Cheers!

  5. Reader's Write Says:

    It’s called sophistry.

    Morgan.

  6. Reader's Write Says:

    Clearly, with this ridiculous manifesto, the DCIA is once again showing it true colors—that it is nothing but a Sharman apologist. No other P2P company will have anything to do with them, as they are clearly and consistently out to propagate the Sharman agenda. And I ask you, who pays the bills for this bogus association to continue to operate? Do you need a hint?

  7. Reader's Write Says:

    Who is Wayne Rosso? Just kidding.

    Seriously, you don’t have to be a rocket scientist to read between the lines.

    Morgan

  8. Reader's Write Says:

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