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  1. Antonio

    I am assuming that the hash codes being takled about are of the entire mp3 file and not just the frames of the mp3 audio data itself.If those hash codes are the same, there is a finite probability that it is the same file, however, as stated above, it is not impossible that two different rippers using exactly the same VERSION of the encoder will produce the same ‘core’ MP3 file.The ‘core’ mp3 file (my definition) consists of just the frames of the encoded audio with no extraneous information included. The first frame of MP3 audio data typically includes a lot of ‘metadata’ regarding the encoding process. The name and version of the encoder is usually documented here. In many cases, that data is also written into the last frame, or several frames, of the ‘core’ MP3 file. The encoders are not the only programs that store metadata in that first frame. Others, like MP3Gain, store data relating to how a given file has been normalized such that it can be ‘unnormalized’ back to its original state. Other programs will ‘trim’ mp3 audio data frames to get rid of silence at the beginning/end of a file.A higher level of metadata typically included in the MP3 file, and which surrounds the core MP3 file at the beginning and end, are the ID tags (there are two versions of tags, and both are typically present). There is a huge variance in the info that can be stored in those tags, including an image (typically of the cover artwork) if so desired. This is where the user can enter virtually any data about the audio that is desired.Any one of these various changes will change the hash code (again, assuming that it is of the entire file, not just the audio data frames). I tag my files in a way that I’ve not seen elsewhere, so they would be somewhat unique. Typical users would not want their files tagged that way and, if they ever were to get hold of them through some nefarious means, would probably change them. The underlying mp3 audio data is the same; the hash code will not be.Removing all of the tags would result in a ‘core’ mp3 file. At that level, same CD, same version of encoder, same settings, no add-on processing, etc. would theoretically produce same core mp3 file with the same resultant hash. AFAIK, the os has nothign to do with this. Having the same hash code neither proves/nor disproves that the files are the same.At the higher level, with the addition of all of the levels of permutations of labeling/processing, the same hash code would suggest there is a small probability that the files are the same. I would submit that this claim could neither be proven or disproven, however.

  2. Lena

    (a) the judge should have heard teciahcnl evidence rather than take the RIAA’s word for itAbsolutely. The Judge erred when he didn’t consult independent technology experts. I sincerely doubt the Judge understood all the technologies in use.(b) the metadata could not have established who copied the song onto the disk drive,Correct. The metadata does not identify any of that information. Further, an examination of the defendent’s computer would only yield the date and time the file was created (which can be misleading), the date and time it was last accessed, and if the filesystem is NTFS, the user who created or “owns” the file. I cannot stress enough that this information (everything from “Further” onwards) is (generally) not available remotely to other P2P users. Obviously this depends on the P2P technology being used, but as far as I know all existing P2P technology keeps that information private. (c) the hashes could not have established that 2 different users obtained the file from the same sourceCorrect again.(d) the RIAA could not have known from the metadata that John Doe was copying the files from other P2P users?Also correct. The metadata is just that, meta information about the data in the file. Whether or not that information is accurate or trustworthy is another matter. And it certainly contains no information as to the source of the data, where (or if) it’s been transferred, and so on. As far as I know nothing stores that kind of information.I.e., are you saying the judge was wrong?Absolutely, positively. And for what it’s worth, I work in software, so I like to think I understand all this pretty well. ;)

  3. Prudhvi

    Well done, Mr. Beckerman. Generally, I have a rather low oioipnn of the legal profession: for the most part, I think lawyers and lawfirms work to generate more revenue, not to help their clients. The two aren’t always mutually exclusive, but I think they often are.In this case, however, it really looks as if you and your firm are trying to work in the best interest of the defendent. I would like to see the “terror” and bullying tactics of organizations like the RIAA and their associates revealed for what they are: unfair, unrealistic, and not supportive of the rights of both the copyright owner and the purchaser of usage rights. Because contrary to what the RIAA and its friends think, when someone pays for music or video usage, they *do* have rights. I don’t think the protections afforded to copyright holders in the laws as orignally drafted were ever intended force a consumer to pay seperately for every device upon which they (personally) partake of that media. And that’s the way the copyright owners really want things to work: they want us to pay seperately when we listen to to a song on our computer, and again when we listen in our car, and again when we listen on our home stereo.It may be “legal” for them to enforce particular copyrights in this fashion, but in many cases I am confident that they are stretching legal definitions to the breaking point to make it so.

  4. Mercedes

    Again a judge totally buys into the “making ablaaivle” argument as being equated to distribution because the Plaintiffs were only able to demonstrate a download to their own authorized agent. The fact that they are truly incapable of ever demonstrating any other download, as well as the issues of illegal investigation and imprecise identification, have totally escaped this judge who is charged with upholding the rule of law.This judge’s erroneous belief that the requirement of a simple statement of complaint at this stage is sufficient shows a true lacking of his own understanding of these cases. This man might have forgiven that lacking had this been the first such case filed, but a history of these cases stretching back years now demonstrating that defendants are wrongly identified by the methods in use here, and are then required to spend tens of thousands of dollars to fully defend themselves from charges that could never have been proven in the courtroom anyway, makes for this judge to be a very bad judge indeed.At the very minimum the judge should have required THESE PLAINTIFFS to show how in THIS CASE that they could ever, in any possible manner, prove their charges. They can’t, he didn’t, and this case will be dismissed like all the others once the plaintiffs have again used this court and this judge to skirt privacy laws.This judge should truly be ashamed of himself and the pall he casts on his own profession.{The Common Man Speaking}

  5. Lacko

    Another question. This man feels that the joenid John Doe case is the moment of greatest weakness in the RIAA’s case. They have virtually nothing at this time except a judge’s ear at the ex parte hearing.This man wonders if, given that a defendant intends to fight anyway (as opposed to paying the extortion), rather than waiting for the individual case to come along in more developed form, could the defendant(s) prevent this dismissal and force the RIAA to litigate from this beginning by filing answers and counterclaims immediately? They are, after all, the Does named in the suit which should give them full standing.After all, these plaintiffs cannot demonstrate any actual infringing download(s), and music files simply on a computer hard drive (given that they can locate the computer at all) are not illegal. Plaintiffs clearly aren’t intending to litigate at this juncture and perhaps they should be forced to do so. The joinder issue and the illegal (or at least unlicensed) MediaSentry issues could be fought here, rather than brushed under the rug as the fruit from the poisoned tree of further discovery is used instead in the only case to actually come to trial.Clearly the RIAA would much rather go into court with a forensic examination of an image dump of the discovered harddrive rather than MediaSentry logs and trying to justify why that illegal investigation entitles them to more intrusive discovery.{The Common Man Speaking} http://jdgfnwjb.com [url=http://yzxqgrlrpew.com]yzxqgrlrpew[/url] [link=http://odmcse.com]odmcse[/link]

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