p2pnet.net News:- Any doubts that Hollywood works hand-in-glove with America’s law-makers can now be dispelled if a draft letter from California attorney general Bill Lockyer to fellow state AGs is genuine.

Either it came from MPAA lobbyist Vans Stevenson, who reports directly to MPAA (Motion Picture Association of America) boss Jack Valenti; or, Stevenson, or someone close to him, had editing access to what’s undeniably a highly confidential, highly classified official document from the California attorney general’s office.

California is, of course, home to Hollywood and Lockyer is president of the National Association of Attorneys General.

The version seen by p2pnet - revision number 3 - was dated February 26, printed Friday, March 12, 2004, 1:33 pm and “Last saved by stevensonv,” total editing time, 8 minutes.

Headed up Draft Attorney General Letter to Peer-to-Peer file Sharing Software Manufacturers and Distributors, it states, among other things,

“It is widely recognized that P2P file-sharing software currently is used almost exclusively to disseminate pornography, and to illegally trade copyrighted music, movies, software and video games.

“File-sharing software also is increasingly becoming a means to disseminate computer worms and viruses. Nevertheless, your company still does little to warn consumers about the legal and personal risks they face when they use your software to ’share’ copyrighted music, movies and computer software. A failure to prominently and adequately warn consumers, particularly when you advertise and sell paid versions of your software, could constitute, at the very least, a deceptive trade practice.”

Strong.

And wrong.

Microsoft Windows has a feature that allows you to see ‘hidden’ data and through it, Stevenson’s name - ’stevensonv’ - is clearly visible on the draft.

Not at all coincidentally, as the MPAA works on one front, the RIAA (Recording Industry Association of America) is busy on another.

The Big Five record labels are claiming the Big Five p2p applications (Morpheus, Grokster, BearShare, Blubster and eDonkey) could use a ‘filter’ currently being promoted by the RIAA on behalf of a commercial company to block just about anything they want - including online porn and copyrighted material.

The companies say they’d have to re-invent their businesses and their software to be able to do that and in addition, say there’s every chance the ‘filter’ software doesn’t work as advertised (by the RIAA).

They can’t say whether that’s the case or not, however, because a number of hand-delivered communcations to both the RIAA and the company that makes the filter notwithstanding, they’ve been singularly unable to get sight of the software, or to test it in the field.

Nor have they been able to get the RIAA to meet to discuss ways and means of resolving the differences between the music business and the p2p operators.

The Lockyer/Stevenson Letter
We’ll be carrying the response to the Lockyer/Stevenson Letter from P2P United, the trade group representing the five p2p companies, later in the day. For now, the Lockyet Letter reads in full:

DRAFT ATTORNEYS GENERAL LETTER TO PEER-TO-PEER FILE SHARING SOFTWARE MANUFACTURERS AND DISTRIBUTORS

(California Attorney General Bill Lockyer Edited Version 2/25/2004)

Dear:

We write to express our growing concern over the risks posed to consumers in our States from the use of your company?s peer-to-peer (?P2P?) file-sharing software ? and your firm?s inadequate response to those risks. As the chief law enforcement officers and primary consumer advocates for our States, we share a unique responsibility to ensure our laws are respected and our consumers are informed about, and protected from, dangerous products and services.

The growth in P2P file-sharing has brought with it increased awareness of the risks associated with using these software programs. Whether it is the widespread availability of pornography, including child pornography, the disclosure of sensitive personal information to millions of people, the exposure to pernicious computer worms and viruses, or the threat of legal liability for copyright infringement, P2P file-sharing software has proven costly and dangerous for many consumers. Even without accounting for the attempts of some P2P file sharing services to add functions making it more difficult for law enforcement to prosecute P2P users, such prosecutions are not sufficient by themselves to stop this activity.

As a P2P software developer and distributor, we believe you have the ability and responsibility to better educate consumers about these known risks, and to design your software in a manner that minimizes the risks. We view with grave concern reports that at least some P2P software developers may be adding features deliberately designed to hinder law enforcement in its prosecution of crimes using P2P software. Companies that engage in such conduct, and fail to meet the important responsibilities referenced above, harm the interests of consumers in our States.

It is widely recognized that P2P file-sharing software currently is used almost exclusively to disseminate pornography, and to illegally trade copyrighted music, movies, software and video games. File-sharing software also is increasingly becoming a means to disseminate computer worms and viruses. Nevertheless, your company still does little to warn consumers about the legal and personal risks they face when they use your software to ?share? copyrighted music, movies and computer software. A failure to prominently and adequately warn consumers, particularly when you advertise and sell paid versions of your software, could constitute, at the very least, a deceptive trade practice.

Although millions of children initially are drawn to P2P because of free music and movies, these programs have become high tech speedways for distributing graphic pornography. According to a January 25, 2004, New York Times Magazine article, ?[c]ybernetworks like KaZaA and Morpheus — have become the Mexican border of virtual sexual exploitation.? This is extremely dangerous and harmful to minors. Faced with this obvious threat to children and adolescents, you have failed to provide any up-front warnings about the widespread availability of obscene material on P2P networks. Failing to warn parents, or provide them with the ability to block or remove obscene and illegal material from their computers, is a serious threat to the health and safety of children and families in our States.

Finally, P2P users who do not fully understand the software?s uses have inadvertently given other P2P users access to tax returns, medical files, financial records, personal e-mail and confidential documents stored on their computers. Again, timely warning and education of P2P users can avoid the potential theft of their identities.

Over the coming months, we will begin focusing more attention on the risks P2P software programs pose to consumers in our States. We hope this inquiry will encourage you to take proactive, concrete and meaningful steps to address the problems we have raised in this letter. We believe such actions will help P2P software realize its potential as a means to facilitate a wide range of project management, business planning, and academic/education activities.

We take seriously our responsibility to protect consumers and ensure that the laws of our States are respected. In the future, we will not hesitate to take whatever actions we deem necessary to ensure that you fulfill your duties as a responsible corporate citizen.

We look forward to your timely response.

Sincerely,

Wonder what Arnold will say?

This entry was posted on Monday, March 15th, 2004 at 5:14 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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