Ex-Morpheus & Kazaa Execs Team Up To Become Patent Trolls

from the the-lessons-of-copyright-and-patents dept

Well, well. While their names may be fading into history, Morpheus and Kazaa were the two big file sharing apps after Napster was shut down. They were both built on the same basic platform (which came from Kazaa), and at some point the two actually got into a fight, leading Kazaa to shut off Morpheus, and years later there were still some lawsuits going on. However, it appears that two former execs associated with those two file sharing systems have teamed up... to become patent trolls who are now suing Google, Amazon and others for infringement.

Kevin Bermeister is being described in the article linked above as a "founder" of Kazaa, but I'm pretty sure that's not true at all. Bermeister, instead, founded Brilliant Digital Entertainment, which was an attempt to build a questionable business model into Kazaa, which originally looked a lot like adware. Brilliant Digital ended up buying Kazaa much later in the process. He's teamed up with Michael Weiss, who was the CEO of Streamcast, in this patent trolling adventure that they're calling PersonalWeb Technologies (based in -- you guessed it -- East Texas). While some are making it out like it's a big deal that these former "pirates" are now trying to enforce patent claims, it's really not new or surprising. Bermeister has been doing this for a while. In fact, all the way back in 2003, he claimed a patent on identifying files with a hash and threatened to sue every other file sharing company. In 2004, he even sued the RIAA for violating the patent. In 2006 he... sued Weiss' Streamcast for patent infringement. I'm not sure how that lawsuit turned out, but apparently the former adversaries are now on the same side of things.

The folks over at M-CAM have taken a look at the patents that PersonalWeb is now using to sue, and has found them lacking. Turns out that a bunch of them are continuations -- the sneaky trick of patent holders to change an earlier patent application later, such that the eventual patent still has the earlier priority date, even if the invention wasn't really described until much later. This has been used repeatedly in the past by companies to see what others are doing, patent it, and then be able to pretend they came up with it first. The M-CAM analysis is not kind, especially to the examiner who approved some of the patents, Khanh B. Pham. They declare:

After reviewing PersonalWeb's patents, we propose that the USPTO indeed mold a "Pham" award to best commemorate the ultimate, the outrageous, the most horrifically unacceptable patent examination performance of the current patent system.

So there's that.

If you're interested, here are the patents in question:

• 8,001,096: Computer file system using content‐dependent file identifiers
• 7,949,662: De‐duplication of data in a data processing system
• 7,945,544: Similarity‐based access control of data in a data processing system
• 7,945,539: Distributing and accessing data in a data processing system
• 7,802,310: Controlling access to data in a data processing system
• 6,928,442: Enforcement and policing of licensed content using content‐based identifiers
• 6,415,280: Identifying and requesting data in network using identifiers which are based on contents of data
• 5,978,791: Data processing system using substantially unique identifiers to identify data items, whereby identical data items have the same identifiers

Filed Under: kazaa, morpheus, patent trolls, patents
Companies: amazon, brilliant digital, google, personalweb, streamcast

Kazaa Returns As Expensive, Crappy DRM'd Music Service

from the good-luck-there... dept

Remember Kazaa? The name was synonymous with file sharing following Napster's demise. It got shut down by a series of lawsuits a few years ago. Last we heard from the company, it had settled lawsuits with record labels and music publishers and promised to go straight. That was in 2006. Since then... nothing. Until now, when it launched its new "authorized" music service. You might think that, given the four years between it announcing plans for a legit music service and the actual launch, there would be enough time to actually create something new or compelling. Instead, it appears that it's launching a service that would have been state of the art back in... 2006 when it settled those lawsuits. From Jon Healey's review:

I haven't had much time to explore Kazaa, but my first impression is that the Web-based service is miles behind the competition. It's as if the company locked its technologists in a room four years ago and they've just now emerged, having missed the growth of social networks, the explosion in smartphone usage and the death of music DRM. The service costs $15 a month -- 50% more than Rdio, MOG or Rhapsody -- and doesn't have a mobile app. Instead, it offers unlimited streams and tethered downloads (that is, songs wrapped in electronic locks to deter copying) that can be played only by Kazaa's proprietary plugin for Windows Media Player.

It also has only rudimentary social-media features, most notably the ability to play other users' playlists and to watch a continuously updated list of what other users are playing. And although there are a handful of "editor's picks," there's no preference engine to recommend tracks based on a user's tastes -- a major handicap when it comes to discovering music. Essentially, users are left to search for tracks or artists they already know, or take unguided tours through the library's eight genres.

Seriously. Windows Media Player DRM. Didn't that die out years ago?

Healey also notes the amusing fact that Kazaa's relaunch happened to come the same day that Kazaa's original founders, Janus Friis with Niklas Zennstrom, launched their latest startup, Rdio, which is also an authorized music streaming service. While I've played around with Rdio and find it to be a pretty weak offering -- overall, it sounds miles ahead of the "new" Kazaa. It really does make you wonder what Kazaa has been doing for the past four years.

Filed Under: drm, kazaa, music, music services
Companies: brilliant digital, kazaa

Why Is Andrew Cuomo Pushing ISPs To Use Spyware On Everyone's Internet Traffic?

from the political-ambitions-over-common-sense dept

We've already covered NY AG Andrew Cuomo's ridiculous crusade to get ISPs to censor content in a misguided attempt to stop child porn. Obviously, stopping child porn is a good goal, but Cuomo's approach actually makes the problem worse and sets a dangerous precedent. First, rather than actually tackling the root of the problem, Cuomo simply demanded that ISPs block any site that he and a group he supports consider to be child porn. Of course, they have no legal requirement to block them (section 230 of the CDA was written to make it clear that ISPs are not at all liable here), but Cuomo got around that by promising to shame publicly any ISP that didn't implement his plan. This is the lowest of the low of political tricks, and it would simply be lying. An ISP may be quite committed to stomping out child porn, and could recognize that Cuomo's tactics actually make the problem worse, by not targeting the actual pornographers -- and Cuomo would still publicly splash their names across the news as not wanting to stop child porn.

In fact, a recent look at the details of Cuomo's highly publicized campaign found that Cuomo clearly exaggerated the extent of the problem for political benefit, forcing ISPs to block all of Usenet, despite 99.9997% of the 3.7 billion available Usenet articles being perfectly legitimate content. But that's not stopping Cuomo. In fact, he's going even further.

He's been sending ISPs a presentation from a company called Brilliant Digital that's offering a "deep packet inspection" system that could scan every file sent across an ISP's network and try to determine if it was child porn. Yes, Cuomo is suggesting that ISPs spy on every single file sent over their network now, 4th Amendment be damned. Brilliant Digital even claims that its system can trick users into sending files unencrypted, so even those who send encrypted traffic could be spied upon. Cuomo claims that he's not endorsing the product, but just thought ISPs would be interested in looking into it. Yet, given his heavy handed tactics earlier in this effort, it's pretty clear what message he's sending.

But why Brilliant Digital? If the name sounds familiar, it's because the company has an extremely sketchy past that has been touched on before. It was, effectively, one of the first surreptitious "adware" installs, back in the day, when it tried to secretly distribute a "legit" P2P file sharing system that would sit on top of the popular Kazaa and give you the option of paying for songs rather than just straight file sharing them. The software was downloaded and secretly installed on one million computers, before it was revealed.

This is the company our politicians want spying on every packet sent across the internet?

Not only that, but Brilliant Digital is also (of course) rather aggressive on the patent front, suing Streamcast for daring to make use of a hash system for trying to identify music tracks being shared over a P2P network. So we have an Australian spyware company that wants to scan every bit of traffic and identify it (even if it's encrypted), and it's being pushed by a US politician who has a history of trying to publicly shame companies into doing his bidding, even if it involves lying about them. And, the whole damn thing almost certainly violates the 4th Amendment.

Last week, we wrote about Paul Ohm's suggestion that we should create a stronger privacy law that outlawed deep packet inspection, as that would pretty much stop any attempt to break net neutrality without requiring special net neutrality laws. It's worth noting that such a law would also have the added benefit of making it doubly clear to Cuomo that such a program is quite illegal.

Filed Under: andrew cuomo, deep packet inspection, isp blocking, objectionable content, porn
Companies: brilliant digital