*HOT* Tech News And Downloads, I Would Read This Thread And Post Any Good Info

Asus Web site harbors threat

www1 It is not such a Good Friday for ASUStek Computer. The main Web site of the Taiwanese hardware maker, known for its Asus branded PCs and motherboards, has been rigged by hackers to serve up malicious software that attempts to exploit a critical Windows flaw, security experts said Friday.

The attackers added an invisible frame, a so-called iframe, to the front page of the Asus.com Web site. When visiting the site, a victim's browser will silently connect to another Web site that tries to install a malicious program. Asus Web site harbors threat | News.blog | CNET News.com Linked by shanmuga Tuesday, 10th April 2007 1:54AM

LINK TO ARTICLE HERE
http://news.com.com/2061-10789_3-6174221.html

 

LINK TO ARTICLE
http://www.websense.com/securitylabs/alerts/alert.php?AlertID=764

 

LINK TO ARTICLE
http://www.informationweek.com/story/showArticle.jhtml?articleID=198701907&cid=RSSfeed_IWK_News

 

Santangelo vs RIAA: fight over

p2pnet.net news:- As expected, Patti Santangelo's personal battle with Warner Music, EMI, Vivendi Universal and Sony BMG's RIAA (Recording Industry Association of America) is now officially over.

Now Patti can claim attorney's fees.

This just leaves the multi-billion-dollar Big 4 against two of Patti's kids, Michelle and Bobby, now 20 and 16, respectively, but who were only 16 and 12 when the RIAA first attacked their mother.

And, "the RIAA will probably intensify, rather than abandon, its efforts against Bobby and Michelle," p2pnet posted on Sunday, adding:

The only thing likely to give the RIAA serious pause is if RIAA victims and their lawyers launch a concerted campaign through a class action suit, or other type of action where defendants are able to join together.

"I expect now an endless round of filings and counter-filings over the seemingly trivial issue of attorney's fees," posts FanBoi on Recording Industry vs The People, continuing, "From what we've seen so far, this issue of fees alone may run longer than the original case as the RIAA throws everything they have against paying a penny to a person wrongfully sued. (Wrongfully sued, because they never had a valid case to present in the first place, and couldn't find one afterwards no matter how vexatiously they pursued it.)"

p2pnet readers contributed $15,120 to the Fight Goliath fund, but this went towards disbursements. Her lawyer, Jordan Glass, who's stil representing Michelle and Bobby pro bono, didn't receive a dime for his services and actions on Patti's behalf.

And, "I also fear that, if and when Ms. Santangelo recovers her attorney's fees, she'll need to immediately start again to aid the defense of her children," says Megan.

"The fact that Ms. Santangelo has prevailed does not remove the RIAA's interest in her children... if anything, it heightens it."

But there could be more, much more, to come. As we said on Sunday:

Individually, the victims have little weight. But if they were able to stand as a group against the Big 4, with their legions of lawyers and bottomless pockets, it could be another matter.

There might also be similar possibilities for a class action against the units used by the RIAA to extort money from its targets.

In 2005, judge McMahon told the cartel's lawyers she'd, "love to see a mom fighting one of these," referring to the settlement centres routinely employed by the RIAA to get money out of its victims.

However, class actions are expensive costing in the region of a quarter of a million dollars to start, so the RIAA, EMI (Britain), Vivendi Universal (France), Sony BMG (Japan and Germany) and Warner Music (US) may be in effect wagering this alone will be sufficient to stop a class action from being attempted.

Also See:
p2pnet - Patti Santangelo v RIAA: battle won?, April 8, 2007
Recording Industry vs The People - Elektra v. Santangelo -- Case Closed Except for Defendant's Attorneys Fees, April 10, 2007http://p2pnet.net/story/11927

 

AVG gives away free anti rootkit

Horrid burrowing code from hell

By INQUIRER staff: Tuesday 10 April 2007, 14:19
ANTI VIRUS firm AVG said it has introduced a free anti-rootkit piece of software.

Rootkits burrow around and lurk in applications or the kernel of an operating system. They can do nasty nasty things like collect passwords from PCs without you knowing.

AVG reckons they're now more dangerous than the usual malware because AV software can't always detect them.

It's completed a six month beta test and will make the software available for free on its web site, here. µ

DOWNLOAD HERE
http://www.grisoft.com/doc/download-free-anti-rootkit/us/crp/5

 

Symantec Patches 'High' Risk Bug
Apr 10, 2007 - 4:45 PM - by Digital Dave
More patches!

Symantec on Tuesday patched a vulnerability in its Enterprise Security Manager tool that could enable a hacker to remotely control an infected computer.

The security vendor is warning users to update their software as soon as possible, saying this is a "high risk" bug. All versions of ESM are vulnerable, except Version 6.5.3, which includes the fixes and is not vulnerable.

informationweek.com

Symantec Patches 'High-Risk' Bug


No known exploits have hit the vulnerability, which affects every version of Symantec's Enterprise Security Manager but one.


By Sharon Gaudin
InformationWeek

April 10, 2007 06:03 PM

Symantec on Tuesday patched a vulnerability in its Enterprise Security Manager tool that could enable a hacker to remotely control an infected computer.

The security vendor is warning users to update their software as soon as possible, saying this is a "high-risk" bug. All versions of ESM are vulnerable, except version 6.5.3, which includes the fixes and is not vulnerable.

A spokesman for Symantec said in an interview that the company isn't aware of any proof-of-concept code or exploits for this vulnerability.

The ESM tool is designed to discover and report vulnerabilities and security policy deviations, such as inappropriate passwords and missing patches.

The flaw lies in the fact that the tool does not authenticate someone who's making an upgrade request. That means a hacker could use the flaw to infect the system with malware.

"The vulnerability exists in the ESM agent remote upgrade interface," Symantec explained in an online advisory. "The ESM agent accepts remote upgrade requests from any entity that understands the upgrade protocol. The ESM agent does not currently verify that upgrades are from a trusted source. An attacker with knowledge of the agent protocol could deploy a piece of software that allows the attacker to control the host computer."

The ESM agent has administrative privileges.

The patch will be pushed out to users automatically, or they can manually install it, Symantec said.

http://www.informationweek.com/news/198900584

 

EFF in RIAA vs Amurao fray

p2pnet.net news:- In an unusual twist which could have far-reaching, damaging effects for Big 4 music cartel efforts to sue its own customers into becoming compliant consumers, an RIAA victim is accusing the labels of misusing US copyright laws, and the EFF is backing up the assertion.

The cartel's RIAA (Recording Industry Association of America) is levelling its cookie-cutter 'online distributor of copyrighted music' complaint at New Yorker Rolando Amurao, represented by Richard Altman.

But Amurao says Lava Records, Warner Bros Records, Capitol Records, UMG Records, Sony BMG Music Entertainment, Arista Records and BMG Music have misused the copyright act.

With that in the background, Amurao has asked for a declaratory judgment of non-infringement, with the RIAA predictably trying to have the claims dismissed, says Recording Industry vs The People.

And in its amicus curiae brief, the EFF (Electronic Frontier Foundation) says the lawsuit no more than another, "skirmish in the broader war" the RIAA is waging, with "thousands of ordinary people around the country, including grandmothers, grandfathers, single mothers and teenagers...." as the targets.

Says the EFF brief, the RIAA is, "attempting to expand the scope of its copyright protections beyond what the statutes provide. This copyright 'grab' stems from the plaintiffs' erroneous theories of secondary liability in copyright law. These theories, which the RIAA knows are wrong, attempt to put parents, employers, teachers, and other internet account holders on the hook for third-party computer activities—even when the defendant has no knowledge or ability to supervise the actual alleged infringers."

Here's the EFF brief in full >>>>>>>>>>>>>>>>>.

INTRODUCTION AND SUMMARY OF ARGUMENT

Plaintiffs' motion should be denied. There is nothing in the Declaratory Judgment Act that forbids Defendant's claims; indeed, his claims embody the spirit and purpose of the law. And his ability to bring a misuse claim is well-supported by relevant case law.

Moreover, the context of the suit strongly favors keeping these claims in this case. As this Court is doubtless aware, this lawsuit is but one skirmish in the broader war the Recording Industry Association of America ('RIAA') is waging against unauthorized Internet copying. Using questionable methods and suspect evidence, the RIAA has targeted thousands of ordinary people around the country, including grandmothers, grandfathers, single mothers and teenagers. For example, Marie Lindor was sued even though she had never used a computer. Download Suit Defense: 'No PC,' Red Herring, Feb. 3, 2006, available at http://www.redherring.com/Article.aspx?a=15592. An 83-year-old deceased grandmother, Gertrude Walton, was accused of sharing files under the user name 'smittened kitten' even though she hated computers even when she was alive. See Toby Coleman, Deceased Woman Named in File-sharing Suit, Charleston Gazette, Feb. 4, 2005, at P1A. The RIAA itself has likened its campaign to drift net fishing, admitting that '[w]hen you go fishing with a net, you sometimes are going to catch a few dolphin.' Dennis Roddy, The Song Remains the Same, Pittsburgh Post-Gazette, Sept. 14, 2003, available at http://www.post-gazette.com/columnists/20030914edroddy0914p1.asp.

In addition, the RIAA is attempting to expand the scope of its copyright protections beyond what the statutes provide. This copyright 'grab' stems from the plaintiffs' erroneous theories of secondary liability in copyright law. These theories, which the RIAA knows are wrong, attempt to put parents, employers, teachers, and other internet account holders on the hook for third-party computer activities - even when the defendant has no knowledge or ability to supervise the actual alleged infringers. For example, Deborah Foster faced frivolous claims of secondary copyright liability despite the absence of any allegation, much less any fact, showing that she knew third parties were using her Internet account to engage in illegal file-sharing, or substantially participating in such file-sharing. See Capitol Records, Inc. v. Foster, No. 04-1569, 2007 WL 1028532, at *3 (W.D. Okla. Feb. 6, 2007).

The difficulties facing 'the dolphins' are compounded by the challenges that individuals face when attempting to litigate in federal court. When the RIAA threatens suit against an individual, it makes sure to offer her a carefully chosen sum that is substantially smaller than the legal fees required to fight the accusations, even for defendants that are completely innocent non-infringers. Faced with the threat of costly litigation to defend their names and the possibility that many thousands of dollars in damages might be wrongly assessed against them, see, e.g. BMG Music v. Gonzalez, 430 F.3d 888 (7th Cir. 2005) (affirming $22,500 statutory damages award against a mother of five found liable for illegally downloading thirty songs), many innocent people settle because they cannot afford the legal costs to fight back.

Thus, at the heart of Defendant's counterclaims and Plaintiffs' motion to dismiss is the question of consequences - namely, what consequences should attach to plaintiffs who carelessly net 'dolphins' in their mass litigation campaign and then walk away from these cases when a dolphin acts affirmatively to protect itself? Defendant has alleged that Plaintiff's case here has no merit, has been brought to harass him, and that he has not infringed any of its legal rights. He has also alleged that by bringing this case, Plaintiff has illegally misused its government-granted copyright, thus jeopardizing its enforceability under the equitable standards of the law. Amicus EFF takes no position as to the actual facts of this case, but if these allegations are true, then this presents a very serious situation for the Court to consider. If Plaintiffs have, in fact, brought such a frivolous case and are misusing their statutorily-granted copyrights, they should be held responsible for their actions. Moreover, Defendant deserves a final answer and peace of mind, rather than a voluntary dismissal that allows the specter of future litigation to linger. Counterclaims such as those brought by Defendant—for a declaration of non-infringement and a finding of copyright misuse—will promote accountability and bring him out from under that Damoclean sword.

Further, permitting the counterclaims to go forward may ultimately promote judicial economy. Careless copyright plaintiffs will think twice before filing suit if they know that voluntary dismissal will not shield them from the consequences of carelessly dragging individuals into federal court. To disallow such claims, by contrast, would allow Plaintiffs to play a nefarious 'wait-and-see' game: those that expend the money on attorneys' fees and costs to fight back against the bogus suits would find their cases voluntarily dismissed without recompense, while those who did not fight back would end up having to submit to either an unfair settlement or default judgment.

III. ARGUMENT

A. Defendant's Declaratory Judgment Claim Meets the Requirements and Spirit of the Declaratory Judgment Act And Should Not Be Dismissed

Plaintiffs' 'mirror image' theory has no basis in either statutory or case law. There is nothing in the Declaratory Judgment Act ('DJA') or the relevant case law interpreting it to suggest that a court must eliminate that remedy simply because another avenue for making that declaration exists, as is currently the case here. That alternative avenue may disappear at any time, without the concomitant disappearance of a substantial controversy between the adverse parties. As long as that controversy remains, Amurao deserves his day in court. His declaratory judgment claim will ensure that he gets it. Therefore, this Court should deny Plaintiffs' motion to dismiss.

Amurao's declaratory judgment counterclaim is an independent cause of action arising under and fully compliant with the DJA. Under the Declaratory Judgment Act, an individual may file suit in federal court or counterclaim in an existing suit to obtain a declaration of rights with respect to another party - whether or not other relief (such as damages or an injunction) is or could be sought. 28 U.S.C. § 2201 (2006). To maintain a DJ action, a party need only file an 'appropriate pleading' (e.g., a counterclaim) that establishes (1) jurisdiction; and (2) the existence of an actual case or controversy between parties having adverse legal interests. Horton v. Liberty Mut. Ins. Co., 367 U.S. 348, 357 (1961). There is no universal rule for compliance with the latter element; rather, the analysis is necessarily tied to the facts of the case. '[T]he question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.' Maryland Cas. Co. v. Pac. Coal & Oil Co., 312 U.S. 270, 273 (1941); quoted and affirmed in MedImmune Inc. v. Genentech, Inc. U.S., 127 S.Ct. 764, 771-72 (2007).

Amurao's counterclaim easily meets these requirements. Plaintiffs do not claim, nor could they, that this Court lacks jurisdiction over this controversy. They do not claim—nor could they - that there is no real and substantial controversy between the parties. At this early stage in the litigation, that is enough to warrant denial of Plaintiff's motion.

In addition, the nature of Amurao's claim also weighs against dismissal, for it embodies the guiding purpose of the DJA: to guarantee the target of legal threats an opportunity to obtain a judicial declaration of his or her rights. Numerous courts have held that the DJA 'should be liberally construed to accomplish its intended purpose of affording a speedy and inexpensive method of adjudicating legal disputes without invoking coercive remedies of old procedures, and to settle legal rights and remove uncertainty and insecurity from legal relationships . . . .' Beacon Const. Co. v. Matco Elec. Co., 521 F.2d 392, 397 (2d Cir. 1975); see also Allstate Ins. Co. v. Employers Liability Assur. Co., 445 F.2d 1278, 1280 (5th Cir. 1971) ('[This chapter] is remedial and is to be liberally construed to achieve its wholesome and salutary purpose.')

Relevant guidance may also be found in patent law, keeping in mind 'the historic kinship between patent law and copyright law.' Sony Corp. of America v. Univ. City Studios, Inc., 464 U.S. 417, 439 (1984); see also Texas v. West Pub. Co., 882 F.2d 171, 175 (5th Cir. 1989) (acknowledging Federal Circuit provides a 'wealth of precedent' in the intellectual property field). With respect to the actual controversy requirement, the Supreme Court has recently reaffirmed that it is satisfied in patent as in other cases if the dispute is 'definite and concrete, touching the legal relations of parties having adverse interests' and 'real and substantial' such that it will permit 'specific relief through a decree of a conclusive character.' MedImmune, Inc., U.S., 127 S.Ct. at 771. In Sandisk Corp. v. ST Microelectronics, Inc., No. 05-1300, 2007 WL 881008 (Fed. Cir. Mar. 26, 2007), for example, the Federal Circuit Court of Appeals held that a party had standing to seek a declaratory judgment of noninfringement of patents where a patentee took a position that forced the declaratory judgment plaintiff to choose between pursuing arguably illegal behavior or abandoning that which he claimed to have a right to do. See also Uniform Product Code Council, Inc. v. Kaslow, 460 F. Supp. 900, 903 (S.D.N.Y. 1978) (finding plaintiff had standing to bring DJ action where patentee defendant had publicly asserted its intent to enforce its patent and such enforcement would expose plaintiff to damages and plaintiff would then be guilty of actively inducing such infringement; 'ultimate exposure of plaintiff to an action by defendant for damages clearly gives plaintiff standing to bring an action for declaratory judgment in its own right.')

The converse is also worth noting: courts have recognized that a declaratory judgment counterclaim may not be viable if the 'actual controversy' requirement is extinguished. In Super Sack Manufacturing Corp. v. Chase Packaging Corp., 57 F.3d 1054 (Fed. Cir. 1995), cert. denied, 516 U.S. 1093 (1996), for example, a declaratory judgment counterclaim was dismissed because plaintiff had promised not to sue the defendant for infringement. But see Sandisk Corp. v. ST Microelectronics, Inc., No. 05-1300, 2007 WL 881008 (Fed. Cir. Mar. 26, 2007) ('direct and unequivocal statement' that declaratory judgment defendants had 'absolutely no plan' to sue plaintiffs did not eliminate declaratory judgment jurisdiction).

Thus, contrary to Plaintiffs' implication here, declaratory judgment standing does not depend on whether the declaratory judgment claims are arguably similar to other issues in dispute, but whether the declaratory judgment claims pertain to a real and substantial controversy. Small wonder that patent courts have had no difficulty allowing suits or counterclaims brought by persons charged with infringement against the patent owner for a declaratory judgment of non-infringement and/or invalidity. 6 Donald S. Chisum, Chisum on Patents § 21.02[1][d] (2003); see also, e.g. Altvater v. Freeman, 319 U.S. 359 (1943) (declaratory judgment counterclaim by licensees justiciable); cited with approval in MedImmune, Inc., U.S., 127 S.Ct. at 772; Kemin Foods, L.C. v. Pigmentos Vegetales del Centro, 464 F.3d 1339, 1343 (Fed. Cir. 2006) (DJ counterclaim for patent infringement).

Roland Amurao, like the plaintiff in Sandisk, is exposed to an action by an adverse party. And, unlike the plaintiffs in Super Sack, Plaintiffs have not covenanted to anything, much less not to sue, and thus a substantial controversy between parties having adverse legal interests remains even if the plaintiff's affirmative case is dismissed. Unless and until this court rules on the issue of infringement, Amurao is vulnerable to Plaintiffs’ legal threats and, therefore, has standing to seek adjudication of the issue.

B. Defendant's Copyright Misuse Claim Should Not Be Dismissed

This Court should also decline to dismiss Defendant's copyright misuse counterclaim. First, while copyright misuse jurisprudence is still evolving, patent misuse law, to which copyright misuse owes its origin, provides for independent misuse claims such as the one brought here. Further, copyright misuse counterclaims have been recognized as particularly appropriate where, as here, a party seeks a declaratory judgment of noninfringement.

Copyright misuse derives from the patent misuse doctrine, first recognized by the Supreme Court in 1942. See Morton Salt Co. v. G.S. Suppiger Co., 314 U.S. 488, 494 (1942) ('It is the adverse effect upon the public interest of a successful infringement suit in conjunction with the patentee's course of conduct which disqualifies him to maintain the suit'.'). In Lasercomb America, Inc. v. Reynolds, 911 F.2d 970 (4th Cir. 1990), the Fourth Circuit extended the misuse doctrine to copyrights:

The origins of patent and copyright law in England, the treatment of these two aspects of intellectual property by the framers of our Constitution, and the later statutory and judicial development of patent and copyright law in this country persuade us that parallel public policies underlie the protection of both types of intellectual property rights. We think these parallel policies call for application of the misuse defense to copyright as well as patent law.

Id. at 974. The copyright misuse doctrine is now recognized by most federal circuit courts. See, e.g., Practice Mgmt. Info. Corp. v. AMA, 121 F.3d 516 (9th Cir. 1998) (finding copyright misuse where plaintiff engaged in anticompetitive behavior); Alcatel USA, Inc. v. DGI Techs., 166 F.3d 772, 793 (5th Cir., 1999) (finding that plaintiffs used its copyrights to gain commercial control over products it did not have copyrighted); Assessment Techs. of WI, LLC v. WIREdata, Inc., 350 F.3d 640, 647 (7th Cir. 2003) (holding that a copyright misuse does not require a showing of antitrust violations); Broad. Music v. Hearst/ABC Viacom Servs., 746 F. Supp. 320, 328 (S.D.N.Y 1990) (recognizing copyright misuse defense.)

While some early cases declined to treat copyright misuse as an affirmative claim, see Plaintiffs’ Mot. at 5, the doctrine is still evolving. Therefore, it is appropriate for the Court to take guidance from patent misuse doctrine from which copyright misuse derives. See, e.g., Video Pipeline, Inc. v. Buena Vista Home Entm't, Inc., 342 F.3d 191, 204 (3d Cir. 2003) (looking to patent misuse law for help in deciding copyright misuse claim). In the patent context, several federal district courts have recognized that misuse can be pled as an independent claim. See, e.g., Matsushita Elec. Indus. Co. Ltd. v. CMC Magnetics Corp., No. C 06-04538, 2006 WL 3290413 (N.D. Cal Nov. 13, 2006) (holding that patent-pooling, licensing, and participation in standard setting organizations can give rise to unlawful activity that is properly challenged with a patent misuse counterclaim); Marchon Eyewear, Inc. v. Tura LP, No. 98 CV 1932, 2002 WL 31253199 (E.D.N.Y Sept. 30, 2002) (denying plaintiff's motion to dismiss defendant's patent misuse counterclaim); Affymetrix, Inc. v. PE Corp. (N.Y.), 219 F. Supp. 2d 390, 398 (S.D.N.Y. 2002) (denying defendants' motion to dismiss plaintiff's patent misuse claim); see also generally Critical-Vac Filtration Corp. v. Minuteman Int'l, Inc., 233 F.3d 697, 703-704 (2d Cir. 2000) ('[C]ounterclaims related to misuse and other more economically oriented antitrust claims would seem generally to be distinct in nature and substance from patent validity and infringement issues.').

In addition, courts have recognized that an affirmative copyright misuse claim may be proper where, as here, a party seeks declaratory judgment of noninfringement. In Open Source Yoga Unity v. Choudhury, 2005 U.S. Dist. LEXIS 10440 at 25* (N.D. Cal. Apr. 1, 2005), for example, the court permitted a declaratory relief plaintiff to assert copyright misuse because the plaintiff was likely to be accused of copyright infringement. See id. at 25* (citing Practice Mgmt Info. v. AMA, 121 F.3d 516, 520 (9th Cir. 1997)). The same reasoning applies here. Defendant seeks declaratory relief because, absent a covenant not to sue, he may be accused of copyright infringement even if Plaintiffs choose to withdraw their current allegations against him. If, as urged above, this court permits Defendant to maintain his declaratory relief claim, his misuse claim should be allowed to stand as well.

Following this clear line of authority permitting IP misuse counterclaims, Plaintiffs’ motion to dismiss Defendant's copyright misuse counterclaim should be denied.

C. Granting Plaintiff's Motion Could Have Disastrous Consequences For Innocent Targets of Careless Copyright Claims

Plaintiffs make much of the 'massive and exponentially expanding problem of digital piracy.' Mot. at 1. Whatever the merits of that contention, innocent individuals who find themselves caught in the mass litigation campaign should not be made to suffer for it. Absent some mechanism whereby innocent defendants can vindicate their rights, the RIAA has no incentive to exercise the appropriate level of care before dragging individuals into federal court. Here, Defendant alleges that the claims against him are spurious because he has never copied any music copyrighted by plaintiffs, and in fact was not even present in New York when the alleged downloading occurred, and that the instant action is the product of the operation of a 'cartel acting collusively in violation of public policy.' Answer and Counterclaim at ¶ 20. These allegations, if true, suggest that this case is another instance of a 'dolphin' struggling to get free from the RIAA's litigation driftnet. But Defendant's efforts will accomplish little for defendants or for copyright jurisprudence if Plaintiffs choose to withdraw rather than fight. See, e.g. Capitol Records, Inc. v. Foster, No. 04-1569, 2007 WL 1028532, at *3 (W.D. Okla. Feb. 6, 2007). Absent a concomitant promise not to bring a new suit, the wrongfully accused are continually at risk of being caught up in the driftnet. By ensuring that defendants in the RIAA litigation have a chance to obtain a clear judicial resolution of the dispute, a DJ claim helps ensure that the dolphins who choose to fight their way out of the net are able to stay out.

Stay tuned.

Slashdot Slashdot it!

Also See:
Recording Industry vs The People - Electronic Frontier Foundation Files Amicus Curiae Brief in Opposition to RIAA's Motion to Dismiss Counterclaims in Lava v. Amurao, April 10, 2007
http://p2pnet.net/story/11932

 

Kate Walsh shows how it's done,

p2pnet.net news:- England's Kate Walsh, 23, is about to become a huge star.

And Warner Music, EMI, Vivendi Universal and Sony BMG's RIAA, the members of the Big 4 Organised Music cartel, have had nothing to do with it. Nothing at all.

Forget the Big 4. Thanks largely to their own efforts or, rather, the lack of them, coupled with their continuing vicious attacks on their own customers, they're as good as dead.

But online, independent music is thriving, giving artists a chance to let people see and hear what they can do, and without having to spend a penny on expensive studio demos, made in the hope of catching the ear of some doped-up Big Music exec.

One of the criticisms levelled at online home-made music (often by the labels who definitely don't want so-called 'amateur' musicians to succeed by themselves) is: there's so much of it, how can you hear it all.

But its the same in the 21st century as it's always been. Cream rises to the top, and hard work and imagination help. Kate Walsh, originally from Burnham-on-Crouch, Essex, but now living in Brighton, proves it.

Head on over to her MySpace site for an initial listen, and then tune into her song Fireworks on YouTube.

ye have to go here to see the video
http://p2pnet.net/story/11930


iTunes is about all there is as far as corporate music downloads go, and that isn't saying a lot. But Walsh has, "built up a fan base by putting her music onto her MySpace page," says ThisIsLondon.

Now her Tim's House album has topped the iTunes download album chart, says the story.

And she doesn't even own an iPod.

If there has to be a criticism, it's that she's achieving her success through iTunes, where fans will have to fork out a rip-off $1 for a download.

Hopefully, now she's been able to see what she can do herself, she'll soon realise which way is really up and with the iTunes behind her, literally, will launch her own site, selling her music herself without a corporate middle-man, and without getting involved with one or other of the Big 4.

"I set up my own record label called Blueberry Pie and just got the music out there," ThisIsLondon has her saying. "It's pretty easy. Anyone can do it."

And she's right. Anyone can.

(Cheers, William)

JN

Slashdot Slashdot it!

Also See:
ThisIsLondon - The songbird who's outselling Take That with her homemade album, April 9, 2007
http://p2pnet.net/story/11930

 

I WONDER HOW GOOD THIS IS?

http://www.gigatribe.com/tour/accueil.php

more info

GigaTribe (also known as TribalWeb) is a revolutionary program that lets you share entire folders with friends in a private peer to peer (P2P) environment. Share all your files (home movies, pictures, documents…) no matter how large they are. It's secure, encrypted…and free!



Mac and Linux Coming soon!

EasyConnect is still in Beta

April 5, 2007: official version 2.32 released

Already more than 350,000 GigaTribe users!



Easy, Secure and …Free!
Easy
# Install GigaTribe, select the folders you want to share and invite your friends to join your private network!
# Share all your files (movies, pictures, documents…) no matter how large they are.
# Interrupted exchanges automatically resume with no data loss.
# All files are exchanged at maximum speed.


Secure
# No one but the users of your network can see the files you share.
# When exchanging a file, only the sender and the receiver are aware of the exchange.
# All data exchanged on your network is encrypted (Blowfish encryption with a 128-bit key).


Free
# All these features are included in the standard version and are totally free.
# GigaTribe contains no adware and can be uninstalled easily.



Thanks to GigaTribe, Nanny can grab all of the movies and pictures of her grandchildren who live far from her.

 

EU Copyright Criminal petition,

p2pnet.net news:- It's only 13 days away. On April 24th, the European Parliament will vote on IPRED2, the Second Intellectual Property Enforcement Directive and, "With one stroke, they risk turning thousands of innocent EU citizens and businesses into copycriminals," says the EFF (Electronic Frontier Foundation), declaring on a special petition site.

If IPRED2 passes in its current form, "aiding, abetting, or inciting" copyright infringement on a "commercial scale" in the EU will become a crime.

Penalties for these brand new copycrimes will include permanent bans on doing business, seizure of assets, criminal records, and fines of up to €100,000.

IPRED2's backers say these copycrimes are meant only for professional criminals selling fake merchandise. But Europe already has laws against these fraudsters. With many terms in IPRED2 left unclear or completeley undefined - including "commercial scale" and "incitement" - IPRED2 will expand police authority and make suspects out of legitimate consumers and businesses, slowing innovation and limiting your digital rights.

IPRED2 and Business

The entertainment industry spent millions suing the makers of the first VCRs, MP3 players and digital video recorders, trying to use copyright law to kill those innovative products because they threatened old business models. Fortunately, the industry was unsuccessful.

IPRED2's new crime of "aiding, abetting and inciting" infringement again takes aim at innovators, including open source coders, media-sharing sites like YouTube, and ISPs that refuse to block P2P services.

With the new directive, music labels and Hollywood studios will push for the criminal prosecution of these innovators in Europe, saying their products "incite" piracy - with EU taxpayers covering the costs.

Under IPRED2, these same entertainment companies can work with transnational "joint investigation teams" to advise the authorities on how to investigate and prosecute their rivals!

IPRED2 and Your Digital Freedoms

Criminal law needs to be clear to be fair. While IPRED2 says that only "commercial scale" infringement will be punished, the directive doesn't define "commercial scale" or "incitement." Even IP lawyers can't agree on what are "private" and "personal" uses of copyrighted works. One step over that fuzzy line, however, and anyone could be threatened with punishments intended for professional counterfeiters and organized criminals.

How can ordinary citizens feel safe exercising their rights under copyright and trademark law when serious criminal penalties may be brought against them if they cross the line?

Tell the European Parliament to Fix IPRED2

The excesses of IPRED2 need to be reined back. Sign our petition now!

Says the petition:

We believe that IPRED2's new criminal sanctions pose a risk to legitimate business and respect for individual freedoms in the EU.

We ask that the European Parliament approve amendments that would remove the new crimes of "aiding, abetting, or inciting" and limit the directive to combat only trademark counterfeiting and true commercial-scale copyright piracy.
http://p2pnet.net/story/11936

 

Free anti-rootkit software,

p2pnet.net news:- Grisoft partner AVG UK & Ireland is offering free software to detect and remove rootkits, intended to, "conceal running processes, files or system data from the operating system," as the Wikipedia describes them.

The most infamous example of recent times was Sony BMG's dangerous-to-computers rootkit spyware hidden on music CDs. It installed itself without buyers' knowledge, and Sony BMG is still reaping the fallout.

Rootkits, "were originally used by hackers to cover their tracks after unauthorised access to computers," says Grisoft. "Today, these techniques have been redesigned in order to mask the presence of malicious software used to gather and exploit personal information such as credit card numbers and social security numbers creating a serious threat to users," says Grisoft, going on:

"Rootkits have become a severe threat in comparison to traditional malware because conventional antivirus often misses the hidden rootkit. They execute by embedding applications within the operating system, which is also an essential application to many necessary programs including antivirus protection, so it is important to correctly distinguish between malicious rootkits and legitimately hidden processes."

Click here for an Anti-Rootkit download.

Slashdot Slashdot it!

Also See:
AVG UK & Ireland - AVG Offers New Free Anti-Rootkit to Fight Severe Hidden Threats, April 10, 2007
http://p2pnet.net/story/11937

link to the good stuff (DOWNLOAD)

http://www.grisoft.com/

 

WiPeer ThinkVantage update

p2pnet.net news:- WiPeer's creators bill it as a p2p application offering "freedom to share, no strings attached".

And that, in turn, means file sharing among computers, multi-player games, chats, and collaboration over both Wi-Fi and home/office networks. And, no adware, no spyware, no malware, WiPeer promises.

Officially released last month, it was developed to allow communication, "in a peer-to-peer manner, between mobile computers, when either there is no access point, or when the access point costs money, or when for privacy reasons, the users do not wish to utilise the access point," but one thing was lacking.

There was a chance it might not work properly with versions of Lenovo ThinkVantage Access Connections older than 4.23.

However, that problem has now been remedied in version 0.56.

"Vista will be hopefully later this week," team leader Roy Friedman (right) told p2pnet. "It's a bit more work than we initially thought."
http://p2pnet.net/story/11939


Download WiPeer for Windows XP
Click here for a download.
http://www.wipeer.com/download.html

 

Spybot Search and Destroy Update April 11, 2007
Author: PepiMK Software
Date: 2007-04-11
Size: 1.3 Mb
License: Freeware

Spybot - Search and Destroy Updater will allow you to update your Spybot S&D detections without the need for the included WebUpdate.

DOWNLOAD HERE
http://www.majorgeeks.com/Spybot_Search_and_Destroy_Update_d3957.html

 

Opera 9.20 Build 8771
Author: Opera
Date: 2007-04-11
Size: 4.8 Mb
License: Freeware

The most full-featured Internet power tool on the market, Opera includes tabbed browsing, pop-up blocking, integrated searches and advanced functions like Opera's groundbreaking e-mail program, RSS Newsfeeds and IRC chat. And because we know that our users have different needs, you can customize the look and content of your Opera browser with a few clicks of the mouse.


DOWNLOAD HERE
http://www.majorgeeks.com/Opera_d559.html

 

WinAudit 2.19
Author: Parmavex Services
Date: 2007-04-11
Size: 768 Kb
License: Freeware

WinAudit performs a rapid and exhaustive audit of installed software, license information, security configuration, hardware inventory, network settings and much more.

- Easy to use
- Audits virtually everything
- No setup
- Windows® 95 and up
- Save in text, html, csv, pdf
- Send audit by e-mail
- Export to databases
- Operates in batch mode
- Extensive documentation
- Free for any use!


DOWNLOAD HERE
http://www.majorgeeks.com/WinAudit_d4967.html

 

Microsoft Junk Email Filter for Outlook 2003 (April 2007)
Author: Microsoft Corp.
Date: 2007-04-11
Size: 3.2 Mb
License: Freeware
Requires: Win XP/2K/2003

This optional update will provide the Junk E-mail Filter in MS Office Outlook 2003 with a more current definition of which e-mail messages should be considered junk mail. This update was released in April 2007.

Requirements:

· Windows 2000 Service Pack 3, Windows Server 2003, Windows XP
· Microsoft Office Outlook 2003


DOWNLOAD HERE
http://www.majorgeeks.com/Microsoft_Junk_Email_Filter_for_Outlook_2003_d5412.html

 

free PDF converter doPDF 5.0.214
Author: Softland
Date: 2007-04-11
Size: 937 Kb
License: Freeware
Requires: Win 2K/03/XP/Vista

doPDF is a free PDF converter for both personal and commercial use. Using doPDF you can create searchable PDF files by selecting the "Print" command from virtually any application. With one click you can convert your Microsoft Excel, Word or PowerPoint documents or your emails and favorite web sites to PDF files.

doPDF installs itself as a virtual printer driver so after a successful installation will appear in your Printers and Faxes list. To create PDF files, you just have to print your documents to the doPDF pdf converter. Open a document (with Microsoft Word, WordPad, NotePad or any other software), choose Print and select doPDF. It will ask you where to save the PDF file and when finished, the PDF file will be automatically opened in your default PDF viewer.

Main features:
- No Ghostscript
- Customizable resolution
- Predefined/custom page sizes
- Searchable PDFs
- Multilanguage support

DOWNLOAD HERE
http://www.majorgeeks.com/doPDF_d5545.html

 

Wise Registry Cleaner 2.0
Author: WiseCleaner
Date: 2007-04-11
Size: 993 Kb
License: Freeware

Wise Registry Cleaner is a free and one of the safest Registry cleaning tools available in the market today. Its scanning engine is thorough, safe and fast.
Wise Registry Cleaner scans the Windows registry and finds incorrect or obsolete information in the registry. By fixing these obsolete information in Windows registry, your system will can work better and more quickly.

After Wise Registry Cleaner analyzes your system for problems, you can individually view each of the problems found and call up a detailed description. If you wish, you can also have all problems corrected automatically.

All changes to your system are monitored by Wise Registry Cleaner and can be undone with a few mouse clicks.

DOWNLOAD HERE
http://www.majorgeeks.com/Wise_Registry_Cleaner_d5437.html

 

Money Manager Ex 0.8.0.6
Author: Thezeal Software
Date: 2007-04-11
Size: 1.9 Mb
License: Freeware
Requires: Win XP/2K/2003

Money Manager Ex is a free, open-source, cross-platform, easy-to-use personal finance software. It primarily helps organize one's finances and keeps track of where, when and how the money goes. This software is also a great tool to get a bird's eye view of your financial worth.

Money Manager includes all the basic features that 90% of users would want to see in a personal finance application. The design goals are to concentrate on simplicity and user-friendliness - something one can use everyday.

Money Manager Ex is a complete rewrite of the original Money Manager .NET. It can run on Windows currently and port to Linux will be released shortly.

DOWNLOAD HERE
http://www.majorgeeks.com/Money_Manager_Ex_d5410.html

 

New Hard Drives Hold a Terabyte of Data
By Lamont Wood
Special to LiveScience
posted: 08 April 2007
11:34 pm ET


Just when you got used to hard drives with hundreds of gigabytes (hundreds of billions of bytes) they do it: make one with a terabyte (a trillion bytes).

Yes, you can now get a terabyte hard drive on a desktop PC. Breaking the ice with a Hitachi drive was Dell, with “Area 51” game-oriented machines from its Alienware subsidiary. The 1T option initially costs $500.

In case you’re wondering, as printed text a terabyte would occupy 100 million reams of paper, consuming some 50,000 trees. It is enough to hold 16 days (not hours) of DVD-quality video, or a million pictures, or almost two years worth of continuous music.

You might not have any songs that last for two years, but that’s irrelevant, indicated Henry Baltazar, storage analyst for The 451 Group, a technology analyst firm in San Francisco. “There will be a demand for it, since a lot of people have digital media, like movies, pictures and music,” Baltazar told LiveScience.

“Larger devices will become more commonplace, and we will see the same kind of transition from gigabyte to terabyte drives as we previously saw from megabyte to gigabyte drives—in fact, the move from 500 gigabytes to a terabyte has taken longer than expected.”

The leap from 500G to 1T required a breakthrough in “areal density” (how tight the bytes are packed on the surface of the disk), according to Doug Pickford, a marketing executive at Hitachi Global Storage Technologies. The trick, he explained, was to move to Perpendicular Magnetic Recording (PMR), where each bit is a perpendicular rather than a linear magnetized spot on the disk—as if the bits were standing up rather than lying down.

Currently, areal density is growing at about 35 to 40 percent per year, and the techniques used to create the 1T drive are expandable to make a 5T drive, Pickford said. More work will be needed to surpass the 5T hurdle, but he foresaw no physical limitations until drives reach a capacity of at least 50T.

At that point, they’ll hold about a century of music.

Incidentally, for planning purposes, the next level is the petabyte (a quadrillion bytes); and then the exabyte (one quintillion bytes); and then the zettabyte (one sextillion bytes); and then the yottabyte (one septillion bytes.)

* New Technique Stores Data in Bacteria
* New Computer Hard Drives Better, Faster, Stronger
* Broadband's Powerful Future

http://www.livescience.com/technology/070408_terabyte_anyone.html