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OOL is Optimum Online--my local cable subscriber btw... 
Souce: Boston.com
Cablevision targets music-swappers
System strain, copyrights both at issue
By Richard J. Dalton Jr., Newsday, 12/31/2002
Napster is dead, and now 20 of its successors could bring trouble. Cablevision's high-speed Internet service, Optimum Online, has warned its customers that uploading files using baby Napsters could violate the terms of service.
Optimum Online's warning emphasizes that Napster's successors strain its network. But without even mentioning the word ''copyright,'' the advisory also satisfies the recording industry's growing concerns about copyright infringement.
Services such as Kazaa and Morpheus allow Internet users to download music, movies, and software - potentially huge files - from the computers of others who participate in the service.
To obtain music, a computer user generally enters a song title or singer and then downloads the music file from the hard drive of another user of the software. The file is usually stored in a shared directory.
Cablevision says the setup essentially makes a home computer a server - a violation of the contract. A server is a computer that receives and sends information upon request.
Optimum Online's policy prohibits ''abuse of a resource,'' and the terms of service forbid running any server, including ''multi-user forums.'' The company recommended turning off the file sharing - or Optimum Online might temporarily reduce upload speeds.
If users of Optimum and other Internet service providers heed such warnings, it could put a brake on music-sharing. And that would be fine with the recording industry.
Matt Oppenheim, a lawyer for the Recording Industry Association of America, said the warning effectively addresses copyright infringement. ''They choose to communicate it in a way that will work best with their customers,'' he said.
While many people using Kazaa may have the same songs, music-seekers will first tap those with high-speed connections such as Optimum Online because they'll receive the song faster.
''It really puts a tax on the broadband infrastructure,'' said Wilson Craig, spokesman for Cupertino, Calif.-based Packeteer Inc., which offers network management software.
Part of the reason uploads are taxing is that a pipe carrying Internet traffic can only send or receive at any given time. Like turning a beer bottle upside down, either beer flows out or air comes in. With cable Internet access, centrally located equipment is configured to give priority to downloads, traditionally the bulk of traffic. But music-sharing software involves significant uploading.
To accommodate the use of the software, the companies can add more equipment and bandwidth, said Jerald Murphy, senior vice president of META Group, a research and consulting company in Stamford, Conn. Or they can limit access, in other words, reduce upload speeds, a cheaper option.
The Optimum Online warning comes despite Cablevision advertising that touts the ability to download music. ''With Optimum Online, you can access and download MP3s ... in just minutes,'' Cablevision says on its Web site.
The advisory annoyed an otherwise satisfied customer in Port Chester. ''I don't know how they can say it's an unlimited usage thing and then say they can limit your upload rate,'' said the 26-year-old, who asked not to be identified.
But customer Joe Ponzo, 25, of Emerson, N.J., appreciates the company's quandary. ''I understand they're trying to protect their service,'' he said.
Cablevision isn't the only broadband company concerned about file-sharing software. Earlier, Time Warner Cable's broadband Internet service, Road Runner, limited upload speeds in Texas for some customers, a spokesman said.
This story ran on page D3 of the Boston Globe on 12/31/2002.
© Copyright 2002 New York Times Co.
Souce: Boston.com