Is there room on the Net for P2P?

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

NEWS
Monday's court ruling, which threatens Napster with potentially vast copyright-infringement damages, serves as a warning for some rival peer-to-peer services. But many of the companies that have sprung up in Napster's wake say they expect little legal fallout from the decision. Companies that offer access to files that may be copyrighted must examine their businesses and ensure they are trying to abide by the guidelines outlined in Monday's decision as closely as possible, analysts say. "Does this mean that peer-to-peer is dead? No," said Gartner analyst PJ McNealy. "It just means that anybody who does peer-to-peer with a central file system may have to play policeman." But an increasing number of companies are emerging that use similar technology for less controversial tasks, such as sharing files inside a corporate network, collaborative research, or other jobs less likely to draw the ire of entertainment giants. These companies, many of which are convening in San Francisco this week for the first big peer-to-peer trade conference, say their quickly growing technology niche isn't threatened by Napster's legal woes. "Will there be fewer places to grab free music and not pay the artists? Perhaps," said David Copans, vice president of business development and chief financial officer for Applied Metacomputing, which makes technology for creating file-swapping tools. "But I think Napster will have no significant impact on the future of computing." In essence, peer-to-peer networks provide a way to link PCs together without the need for powerful central computers, known as servers. Software developers have come to see peer-to-peer architecture as a revolutionary way to store and search for any data in a network, including on the Internet. Despite legal clouds over Napster, peer-to-peer projects remain a magnet for developers and capital. Startup OpenCola, for example, recently received a $3m investment infusion from Mosaic Venture Partners, Angel Investors and Torsar. Groove Networks, a system being developed by Lotus founder Ray Ozzie, just announced that it has signed its 100th development partner. Many of these companies are using this week's peer-to-peer conference, sponsored by publishers O'Reilly & Associates, as launching pads for services they've been working on for the last year. These range from companies such as NextPage, which already marks several big law and investment firms among clients of its document-sharing service, to new companies such as Thinkstream, which is demonstrating its distributed e-commerce technology for the first time. These developers are seeking to avoid legal land mines as they work to create networks that would respect copyright holders by incorporating security features or serve markets that go beyond music services, such as collaborative research. They're joining companies that have seen peer-to-peer applications already implemented in unlikely places with no hint of legal troubles. Software maker Billpoint, for example, has lined up customers such as online auction house eBay for its person-to-person credit card payment system. The network allows customers to pay each other directly, whether they are in American Samoa, Iceland or 35 other countries across the world. DataSynapse, meanwhile, is among a host of companies hoping to take distributed computing a step beyond file sharing, using peer-to-peer architecture to link individual PCs into a virtual supercomputer and harness unused processing power. Walking a more dangerous line are file-swapping services bent on supplying access to entertainment content targeted by aggressive copyright holders. Some, such as Gnutella, are thought to be immune from legal assault because they are not backed by a corporation or other entity that can be sued. Others such as iMesh are based outside the United States, making it potentially more difficult for copyright holders to pursue infringement complaints. Such factors have led some observers to believe that peer-to-peer technology and the file swapping it enables is essentially judgment proof, although companies that use it may not be. "If they somehow manage to shut down Napster, they will get Gnutella, which is pretty much uncontrollable," said Tamon Marco, an investor in peer-to-peer network iMesh -- an Israeli-based service with about 4 million members. Marco said he believes the service is in "full compliance with the law". Such claims aside, sites that cater to music and other forms of content swapping can expect intense scrutiny from organisations representing content owners. Legal pressures from the Recording Industry Association of America and the Motion Picture Association of America have already contributed to the closures of several file-swapping services, including those operated by AngryCoffee, Scour and CuteMX. Should Monday's appellate court decision in the Napster lawsuit stand, copyright enforcement looms as a significant issue for would-be file-trading sites, which might be required to expend substantial resources keeping unauthorised content off of their networks or else face liability for contributory infringement. Still, some Napster alternatives said they are not concerned about such restrictions. Jack Kay, chief executive of Hotline Communications, a peer-to-peer community that averages some 3 million members trading files at any given time, joined other content-trading sites in downplaying the appeals court ruling. "I don't think Napster will affect Hotline in one way or another," he said. The optimism expressed by Kay and Marco isn't shared by some of those who have already been targeted, however. "If I were them, I'd shut down now," said Travis Kalanick, whose popular Scour Exchange service drew a lawsuit worth $250bn, driving his company out of business. "If you're found to be on the wrong side [of the law], you could be sued for billions of dollars and lose. It's not worth the risk." The Internet is changing the face of the music industry forever. Find out more at the MP3 Newsroom. Have your say instantly, and see what others have said. Click on the TalkBack button and go to the Napster Debate. Let the editors know what you think in the Mailroom. And read other letters.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

BrownieBoy

@Jack, > Works really well for thieves.... Nice attempt to deflect the argument by tossing in a point that's totally irrelevant, even it were...

6 hours ago by BrownieBoy on AMD Ultrathins to challenge Intel Ultrabooks
bootlegger

Make that 13 people now - I got refused today at Manchester airport. I thought I was up to date on this legislation - I knew of the EU ruling from...

9 hours ago by bootlegger on UK airport body scans will not be opt out
tinycg

Don't forget to check out apps like GoodReader or SlideShark either, they're indispensible for people on the go in presentation situations. Best...

12 hours ago by tinycg on Four top iPad apps for people on the move
TerryRK

Well it seems there is something a number of us agree on. Why is the Ubuntu Unity launcher so ugly? I thought perhaps it was something to do with...

16 hours ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

1 day ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

1 day ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

1 day ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

2 days ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

2 days ago by GHar123 on ACTA stumbles in Germany
JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

2 days ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

2 days ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

2 days ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

2 days ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint