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MP3Rocket to Follow LimeWire, Quit P2P, Return as “Time-Shifting” Tool

MP3Rocket to Follow LimeWire, Quit P2P, Return as “Time-Shifting” Tool

Not the result of court injunction, but rather decision to use “even better technology” that will eventually allow users to search for, download, convert, and push media to the device of your choosing. Says it qualifies as “time-shifting,” the practice of making content viewing more convenient, and therefore protected by the landmark Sony Corp. of America v. Universal City Studios, Inc. ruling, aka the “Betamax case.”

Yesterday I mentioned how U.S. District Judge Kimba Wood had issued an injunction ordering LimeWire to disable the “the searching, downloading, uploading, file trading and/or file distribution functionality, and/or all functionality” of the famed file-sharing program.

Now it seems that MP3Rocket, a similarly Gnutella-based P2P program, will also be leaving that file-sharing network, though of its own accord.

“I wanted to give you a heads up that due to the LimeWire ruling, proposed US

Senate’s Combating Online Infringements and Counterfeits Act” (COICA), the International Anti-Counterfeiting Trade Agreement, and The proposed Canadian copyright reform bill C-32 MP3Rocket will leave the Gnutella network no later than Dec 15 2010,” MP3Rocket’s Paschal Rousseau told me late yesterday.

In its stead MP3Rocket says it has “better technology to use” that will harness the music selection of YouTube to deliver “even faster” MP3 downloads. Unlike LimeWire it’ll merely take advantage of content already offered by Google, and therefore complicate any copyright infringement efforts by the music industry.

“Over that last few months MP3Rocket has been working on new YouTube video to

MP3 downloading technology,” adds Rousseau. “That will allow us to replace our Gnutella functionality with even faster MP3 searches and downloads, with even greater selection than Gnutella offered.”

It’ll mean MP3Rocket will be converting from a Gnutella client to basically a media search and time-shifting tool that downloads and converts videos and MP3s. It’s not exactly groundbreaking, there are tons of Firefox add-ons that offer similar media capture and conversion features, but none are quite user friendly.

This is what MP3Rocket plans to change.

The new MP3Rocket beta allows you to preview and download YouTube videos as MP3s, and push it to your iPod with a single click of the mouse. It’ll get really interesting sometime within the next two months when it promises to begin allowing users to ability capture any video, Internet stream, internet broadcast, radio station, Hulu, etc.. It’ll also allow users to convert YouTube videos to desired formats other than MP3s.

Here’s a screenshot of a search for Prince. Notice the more than 7 pages of related songs available for download.

“Capture that stream capture to your computer, convert to the data to any desired format, place it on the device of your choice, all with one download click,” continues Rousseau.

MP3Rocket says the technology will be based on a “time-shifting” model that ought to make it immune to the sort of copyright infringement claims that other P2P programs have faced. Specifically, it cites Sony Corp. of America v. Universal City Studios, Inc., aka the “Betamax case,” in which the US Supreme Court ruled that “private, noncommercial time-shifting in the home satisfies this standard of noninfringing uses.”

“The Software allows users to ’time-shift’ and record Internet broadcasts,” reads MP3Rocket’s Terms of Service. “Time-shifting allows a consumer view and/or listen to a work or sound recording that is publicly broadcast, to a more convenient time for the consumer.”

The only real downside to the new and improved MP3Rocket is that MP3 bitrate quality is limited to 192 KB’s in the free version. The pro version offers all the way up to 320 KB/s, but will set you back anywhere from $1.64 p/mo to $34.44 for lifetime access.

CHECK OUT MP3Rocket beta

Stay tuned.

[email protected]



Jared Moya
I've been interested in P2P since the early, high-flying days of Napster and KaZaA. I believe that analog copyright laws are ill-suited to the digital age, and that art and culture shouldn't be subject to the whims of international entertainment industry conglomerates. Twitter | Google Plus
Corinne Mattinen
Corinne Mattinen

Know when with handicapes how they sapost going out and by they music? When even go out by it if they can't out. And bust when they whenwant go for music. Have a bus or a texi. That cost money So likke sure stop about like me. This is way I can get music..So give people like me a hand. To get music ok Because some are in wheelchairs THANK

medic
medic

Oh crap, do you know what that means? Quick everyone delete there youtube videos with music in them. There gonna sue you. $26k per video. There gonna sue hulu, youtube, and holy crap I can see it now, they are gonna sue the internet ITSELF!!! I think Robert Kahn, Tim Berners-Lee, and Vinton Cerf all need to get attorneys. After thats done they are coming after YOU, the users of the internet.

Aaron Walkhouse
Aaron Walkhouse

This “even better technology” sound a hell of a lot like Mulve. More copypasta to Frankenstien into old copypasta, Paschal? XD

Tango
Tango

The only reason Mp3Rocket has incurred any potential liability is they charge for what is ostensibly an open src item, frostwire will not be liable and neither will any other client that does not charge a fee, there is a clear relationship between the RIAA's claims and the size of a p2p companys bank balance, no revenue no liability its that simple.

disinter
disinter

It's amazing to me that the MafIAA and corrupt politicians on it's payroll are so short sided that they wage this campaign of scorched earth without realizing that their time in office and in positions of power are only temporary. I'd say 10 or maybe 15 years from now, the fat cats in government will be replaced by the people the MafiAA have sued and fucked over. I wonder what will happen then?

Boomer The Dog
Boomer The Dog

I too am concerned with the sound quality. I look for rare tracks most of all, and Youtube does have music you can't find somewhere else, but the sound playback on many Youtube videos seems to be pretty poor. Maybe it doesn't matter as much on an iPod with headphones though. Good heads up on this Soul, it looks neat, and I can't really growl until I've tried it.

Jason
Jason

I very much doubt a 26 year old ruling on TV cassette recording will shield them from liability for facilitating mass digital piracy. Just like the whole "we're just search engines" argument has utterly failed for Napster, Kazaa, Limewire, and every torrent site that's gone to trial. Also, FYI, most YouTube streams are 128 kbps on high quality, and they are typically double encoded (mp3 uploaded at a given rate, then re-encoded to 128 by YouTube).

Jared Moya
Jared Moya

Why are you downplaying the age of the ruling - 26yo? A lot of important precedents are "old." It's not piracy if you time-shift content which is what it appears to be doing. It doesn't make a claim to be "just a search engine." It claims to be a new kind of "time-shifting tool," apparently like the VCR, allowing users to make copies for PRIVATE USE at a TIME and PLACE of THEIR CHOOSING. Also, FYI I know about YouTube bitrates, the feature is likely in place for when it supports other higher quality sites like Vimeo.

Jason
Jason

Technology changes, and the law changes with it. The DMCA for example is barely 12 years old and is already looking at makeovers and being eclipsed by newer laws. All YouTube or copyright holders would have to establish in court is that the technology MP3Rocket is proposing to facilitate unauthorized downloading is substantially different from a VCR (it is) and would have substantially different ramifications for copyright and piracy (it would). Just like that, you get a new ruling, for better or worse. I suspect that ruling will depend primarily on what new laws for anti-piracy and jailbreaking come down in the near future. I do not think the question will be whether or not you could use Beta in the 1980s.

Jason
Jason

Fair use is a concept that, like the technology, is constantly evolving. I remember when pirates claimed torrenting was "fair use". From Wiki: ____________ In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. ____________ MP3Rocket's proposal fails the above test in step 1, step 2, step 3, and step 4. So fair use won't cut it. I do think they will have an interesting time in court with their Betamax claim. Who knows - maybe something crazy will happen in favor of the pirates. But the fact is home cassette taping is technologically and functionally not the same thing as mass digital piracy. Copyright and IP agreements between rights holders, channels, and advertisers were not grossly nullified if Joe Blow taped a TV show occasionally so he could watch it later. Online copyrights and agreements would, on the other hand, be rendered meaningless by widespread application of technology like MP3Rocket is proposing. So again, I do believe it makes for a distinct case with a distinct ruling. I think we'll likely have to wait until 2013 or so to find out.

Jared Moya
Jared Moya

So you plan on eliminating fair use?







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