DMCA bites its own masters

By Ann Harrison
Network World File Sharing, 03/28/01

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Aimster has found a clever way to use the recording industry's own weapon, the Digital Millennium Copyright Act, to prevent the music business from monitoring file transfers made by users of its file-sharing service.

The Aimster service lets AOL Instant Messenger (AIM) users trade files with those on their buddy list by opening their hard drives to these select friends. The company recently released a new "terms of service" contract that repositions the service as an "information warehouse" where users can store files fetched from Aimster's private encrypted network.

The files are stored in designated folders on the users' hard drives. They are available to other Aimster users for download, but the contract stipulates that users agree not to actually open the traded files. According to the new rules, anyone who views the files or uses them for any other purpose will be banned from the system. They could also face civil or criminal penalties for violating the terms of service.

The clever part is that Aimster has not installed any security measures to prevent users from opening files that they download. Supposedly, the service exists to let users review their own files to ensure their authenticity and proper storage.

Since Aimster encrypts all the files and directories on its network, outsiders attempting to monitor the system must circumvent its security and copyrighted programming code, which is illegal under the DMCA. Furthermore, the index for the files reside on the hard drives of registered Aimster users, not on a central server like Napster.

David Boies, who has been representing Napster, helped Aimster become compliant with the DMCA. The DMCA was used by the motion picture industry to sue 2600 Magazine after the publication linked to the De-Content Scrambling System program used to break DVD encryption. Aimster is now using the same law to keep the movie and music industries from monitoring user traffic.

Observers also point out that AIM applications eliminate the need for file trading standards because, unlike other file trading systems, AIM users operate with the same protocols.

Great hack. AOL has declined comment on the service.

Ann Harrison is a technology reporter in San Francisco. She can be reached at ah@well.com.

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