Madster
Encyclopedia
Madster appeared in Napster
's wake and was intended to be a P2P
file sharing
service.
software. His idea was to combine instant messaging with file sharing
. John Deep's daughter Aimee had an interest in providing privacy to her online friends; instant messaging was lacking when it came to privacy protection.
AIM
(AOL Instant Messenger
) trademark
. The Madster software allowed users to share files via instant messaging
services. Around March 2001, support for encrypted network communications was included in a new release of the Madster software (at the time, the Aimster name was still in use.) Among other things, the Madster service hoped that the US Digital Millennium Copyright Act
would have the effect of prohibiting others from monitoring
the encrypted Madster network communications. In addition, the Madster operators argued that the encryption meant that they could not be aware of any copyright infringement that took place. At one point, the company announced a premium service that was available for US$4.95 per month.
authorized Madster (which was called Aimster at the time) to provide some Radiohead
video files on the service's Web site and to release a skin
for the Madster software that had a Radiohead
theme. This collaboration was done for the purpose of promoting a new Radiohead
album.
. In particular, it was found that Madster's support of encrypted file sharing was "willful blindness" and was not a valid defense with regard to copyright infringement. At the same time, a company could avoid copyright liability if it was "highly burdensome" for the company to detect and prevent copyright infringement. In January of 2004, the US Supreme Court refused without explanation to hear the lower court's ruling.
Napster
Napster is an online music store and a Best Buy company. It was originally founded as a pioneering peer-to-peer file sharing Internet service that emphasized sharing audio files that were typically digitally encoded music as MP3 format files...
's wake and was intended to be a P2P
Peer-to-peer
Peer-to-peer computing or networking is a distributed application architecture that partitions tasks or workloads among peers. Peers are equally privileged, equipotent participants in the application...
file sharing
File sharing
File sharing is the practice of distributing or providing access to digitally stored information, such as computer programs, multimedia , documents, or electronic books. It may be implemented through a variety of ways...
service.
Origin
According to John Deep, the Madster software was originally inspired by his daughter's use of instant messagingInstant messaging
Instant Messaging is a form of real-time direct text-based chatting communication in push mode between two or more people using personal computers or other devices, along with shared clients. The user's text is conveyed over a network, such as the Internet...
software. His idea was to combine instant messaging with file sharing
File sharing
File sharing is the practice of distributing or providing access to digitally stored information, such as computer programs, multimedia , documents, or electronic books. It may be implemented through a variety of ways...
. John Deep's daughter Aimee had an interest in providing privacy to her online friends; instant messaging was lacking when it came to privacy protection.
Features
The Madster service was initially called Aimster, but it was later renamed to Madster due to concerns that the Aimster name infringed AOL'sAOL
AOL Inc. is an American global Internet services and media company. AOL is headquartered at 770 Broadway in New York. Founded in 1983 as Control Video Corporation, it has franchised its services to companies in several nations around the world or set up international versions of its services...
AIM
AOL Instant Messenger
AOL Instant Messenger is an instant messaging and presence computer program which uses the proprietary OSCAR instant messaging protocol and the TOC protocol to allow registered users to communicate in real time. It was released by AOL in May 1997...
(AOL Instant Messenger
AOL Instant Messenger
AOL Instant Messenger is an instant messaging and presence computer program which uses the proprietary OSCAR instant messaging protocol and the TOC protocol to allow registered users to communicate in real time. It was released by AOL in May 1997...
) trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
. The Madster software allowed users to share files via instant messaging
Instant messaging
Instant Messaging is a form of real-time direct text-based chatting communication in push mode between two or more people using personal computers or other devices, along with shared clients. The user's text is conveyed over a network, such as the Internet...
services. Around March 2001, support for encrypted network communications was included in a new release of the Madster software (at the time, the Aimster name was still in use.) Among other things, the Madster service hoped that the US Digital Millennium Copyright Act
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...
would have the effect of prohibiting others from monitoring
Eavesdropping
Eavesdropping is the act of secretly listening to the private conversation of others without their consent, as defined by Black's Law Dictionary...
the encrypted Madster network communications. In addition, the Madster operators argued that the encryption meant that they could not be aware of any copyright infringement that took place. At one point, the company announced a premium service that was available for US$4.95 per month.
Recording industry collaboration
In 2000, for a short time, Capitol RecordsCapitol Records
Capitol Records is a major United States based record label, formerly located in Los Angeles, but operating in New York City as part of Capitol Music Group. Its former headquarters building, the Capitol Tower, is a major landmark near the corner of Hollywood and Vine...
authorized Madster (which was called Aimster at the time) to provide some Radiohead
Radiohead
Radiohead are an English rock band from Abingdon, Oxfordshire, formed in 1985. The band consists of Thom Yorke , Jonny Greenwood , Ed O'Brien , Colin Greenwood and Phil Selway .Radiohead released their debut single "Creep" in 1992...
video files on the service's Web site and to release a skin
Skin (computing)
In computing, a skin is a custom graphical appearance achieved by the use of a graphical user interface that can be applied to specific software and websites to suit the purpose, topic, or tastes of different users....
for the Madster software that had a Radiohead
Radiohead
Radiohead are an English rock band from Abingdon, Oxfordshire, formed in 1985. The band consists of Thom Yorke , Jonny Greenwood , Ed O'Brien , Colin Greenwood and Phil Selway .Radiohead released their debut single "Creep" in 1992...
theme. This collaboration was done for the purpose of promoting a new Radiohead
Radiohead
Radiohead are an English rock band from Abingdon, Oxfordshire, formed in 1985. The band consists of Thom Yorke , Jonny Greenwood , Ed O'Brien , Colin Greenwood and Phil Selway .Radiohead released their debut single "Creep" in 1992...
album.
Legal difficulties and shutdown
In December of 2002, the company was ordered by a federal judge to disconnect its computer systems from the Internet. The injunction to disconnect was upheld in June 2003 by the 7th U.S. Circuit Court of AppealsUnited States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
. In particular, it was found that Madster's support of encrypted file sharing was "willful blindness" and was not a valid defense with regard to copyright infringement. At the same time, a company could avoid copyright liability if it was "highly burdensome" for the company to detect and prevent copyright infringement. In January of 2004, the US Supreme Court refused without explanation to hear the lower court's ruling.
External links
- An ex-employee's very bitter saga with Madster/Aimster
- Aimster Sues the Record Industry - March 3, 2001 MP3 NewswireMP3 NewswireFounded in 1998, the same year as MP3.com, MP3 Newswire is the oldest active news site devoted to digital media technology. Notable for its series of essays that chronicled the rise of digital music and the Internet’s acrimonious relationship with the record industry, MP3 Newswire initially was...
article - CNET Interview with John and Madeline Deep - May 23, 2001
- A 'blog' ostensibly written by Madeline Deep
- FDIC Press Release: MANHATTAN LAWYER SENTENCED TO PRISON FOR OVERBILLING FDIC, RTC $1.4 MILLION
- John Deep's account of his suit against Boies and Duker