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Yeah
Morpheus and the Law
Sunday March 03, 2002 To date, there has been no lawsuit brought against any of the Gnutella developers. The fact that Gnutella is an open protocol and isn't owned by any particular company or corporation has given a level of immunity to this network. Morpheus' history is perhaps the most convoluted in P2P history. Once simply an OpenNap network, then MusicCity was forced to resign from this network due to overwhelming RIAA pressure. MusicCity(now StreamCast Networks) then deployed the Morpheus software, licensed under the FastTrack network. In a very controversial move, StreamCast then retooled Gnucleus, and passing the software off as their own. Gnucleus developer John Marshall had this to say (from infoanarchy): "I had a feeling this would happen, Morpheus was moving in the direction of gnutella and the only reasonable way of getting there quickly was by using established code. As long as they post their source code and credit us in the program I don't have a problem with this, give the GPL the props it deserves. I don't even know what to think, I wish they contacted me or any of the other Gnutella developers or protocol maintainers before doing this. Gnucleus is a honest, well written client. Please don't let this action by StreamCast tarnish your impression of us. We will continue as usual working on the next version of Gnucleus. Thanks for your support." This act by StreamCast may have a substantial impact for the Gnutella community. Although Morpheus is no longer part of the FastTrack network, the amount of available resource through this software is just as impressive. Evidence suggests that a large portion of former Morpheus users are now using the "Preview Edition", as Gnutella's population since the transition has climbed to well over 300,000 individuals.. "The company will appear in federal court Monday to argue that a lawsuit brought by 29 film studios and record labels should be dismissed. It maintains that it merely creates a software tool, not unlike Microsoft's Internet Explorer browser or RealNetworks RealOne media player. And it shouldn't be held accountable for what millions of users do with this tool, any more than Xerox should be held liable, should some bootlegger use one of its machines to make 5,000 unauthorized copies of Carl Hiaasen's latest best-selling book." Although its likely no ruling will be made on Monday, the situation for Gnutella is none-the-less precarious. A ruling against StreamCast "would make all new technologies potentially subject to veto by powerful media interests," wrote Andrew Bridges, the Palo Alto attorney representing the company. Yet, the very qualities that have saved Gnutella from the RIAA's wrath may also save Morpheus. As StreamCast has no control over Gnutella, its liability is more questionable. Under FastTrack, there was always the speculation that control could be exerted. As more time passes, more questions are coming into play. Is this a carefully engineered tactic by StreamCast to save its company? Did they really "suffer an attack" from KaZaA? Rather, a move to Gnutella seems like the only logical way to save StreamCast. Check out more on the lawsuit here. |
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