Blogger and tech journalist Paul Boutin points us to this article, for which he pinged lawyers at the EFF and RIAA today to nitpick details and outline potential problems with the RIAA's Clean Slate amnesty program. "I'm sure people will disagree with my personal opinions," says Paul, "but the legal points are worth reading."
To those determined to make an end-run around the music biz's lack of attractive online offerings (Apple's iTunes Music Store is still the best of a weak lot), the lawsuits just mean it's time to abandon KaZaA by moving their game of keep-away to the next playground. KaZaA rose to prominence only after Napster was shut down. Now that RIAA lawyers have proved they can subpoena the names of KaZaA users from their ISPs, expect a mass migration to anonymous, encrypted P2P networks designed specifically to fix the known vulnerabilities in KaZaA. Earth Station 5 is the most outrageous example. It uses a mesh of proxy servers, encrypted data, and other identity-hiding tricks to keep copyright owners from tracking who's downloading what. To top it all off, the company—which recently issued a press release declaring itself "at war" with the entertainment industry—is headquartered in Palestine.
But what about Americans worried about the prospect of a bank-breaking lawsuit? Should you take the RIAA up on its amnesty offer? Maybe not. The "Clean Slate" program promises that the RIAA won't pursue legal action against P2P pirates who send in a notarized affidavit declaring that they've wiped all copyright-infringing materials from their disk drives and who vow not to file-share again. But lawyers at the Electronic Frontier Foundation in San Francisco say there are multiple reasons to sit tight for now, rather than rush to sign and deliver what amounts to an admission of guilt.
