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Madster (initially called Aimster) was a
peer-to-peer Peer-to-peer (P2P) computing or networking is a distributed application architecture that partitions tasks or workloads between peers. Peers are equally privileged, equipotent participants in the network, forming a peer-to-peer network of Node ...
file sharing File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audio, images and video), documents or electronic books. Common methods of storage, transmission and dispersion include ...
service. It was released in
Napster Napster was an American proprietary peer-to-peer (P2P) file sharing application primarily associated with digital audio file distribution. Founded by Shawn Fanning and Sean Parker, the platform originally launched on June 1, 1999. Audio shared ...
's wake in August 2000 and shut down in December 2002 as a result of a lawsuit by the
Recording Industry Association of America The Recording Industry Association of America (RIAA) is a trade organization that represents the music recording industry in the United States. Its members consist of record labels and distributors that the RIAA says "create, manufacture, and/o ...
.


Origin

According to John Deep, a professor at
Rensselaer Polytechnic Institute Rensselaer Polytechnic Institute (; RPI) is a private university, private research university in Troy, New York, United States. It is the oldest technological university in the English-speaking world and the Western Hemisphere. It was establishe ...
, the Madster software was originally inspired by his daughter's use of
instant messaging Instant messaging (IM) technology is a type of synchronous computer-mediated communication involving the immediate ( real-time) transmission of messages between two or more parties over the Internet or another computer network. Originally involv ...
software. His idea was to combine instant messaging with
file sharing File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audio, images and video), documents or electronic books. Common methods of storage, transmission and dispersion include ...
. 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's AIM (AOL Instant Messenger)
trademark A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service f ...
. The Madster software allowed users to share files via
instant messaging Instant messaging (IM) technology is a type of synchronous computer-mediated communication involving the immediate ( real-time) transmission of messages between two or more parties over the Internet or another computer network. Originally involv ...
services. In particular, users could share files specifically with users who were included on a " buddy list" with the advantage of privacy. 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 The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or ...
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. Later on, around April-May 2001, a service was introduced wherein a network including tens of thousands of people could be searched for music and other content and new users would by default be added to this network although users could choose to instead restrict trading to buddy list members. At one point, the company announced a premium service that was available for
US$ The United States dollar (Currency symbol, symbol: Dollar sign, $; ISO 4217, currency code: USD) is the official currency of the United States and International use of the U.S. dollar, several other countries. The Coinage Act of 1792 introdu ...
4.95 per month. ''
PC Magazine ''PC Magazine'' (shortened as ''PCMag'') is an American computer magazine published by Ziff Davis. A print edition was published from 1982 to January 2009. Publication of online editions started in late 1994 and continues . Overview ''PC Mag ...
'' gave Madster a 1 out of 5 rating of "Dismal," based on interface design, partner advertising, and content selection.


Recording industry collaboration

In 2000, for a short time,
Capitol Records Capitol Records, LLC (known legally as Capitol Records, Inc. until 2007), and simply known as Capitol, is an American record label owned by Universal Music Group through its Capitol Music Group imprint. It was founded as the first West Coast-base ...
authorized Madster (which was called Aimster at the time) to provide some
Radiohead Radiohead are an English rock band formed in Abingdon-on-Thames, Abingdon, Oxfordshire, in 1985. The band members are Thom Yorke (vocals, guitar, piano, keyboards); brothers Jonny Greenwood (guitar, keyboards, other instruments) and Colin Gre ...
video files on the service's Web site and to release a
skin Skin is the layer of usually soft, flexible outer tissue covering the body of a vertebrate animal, with three main functions: protection, regulation, and sensation. Other animal coverings, such as the arthropod exoskeleton, have different ...
for the Madster software that had a
Radiohead Radiohead are an English rock band formed in Abingdon-on-Thames, Abingdon, Oxfordshire, in 1985. The band members are Thom Yorke (vocals, guitar, piano, keyboards); brothers Jonny Greenwood (guitar, keyboards, other instruments) and Colin Gre ...
theme. This collaboration was done for the purpose of promoting a new
Radiohead Radiohead are an English rock band formed in Abingdon-on-Thames, Abingdon, Oxfordshire, in 1985. The band members are Thom Yorke (vocals, guitar, piano, keyboards); brothers Jonny Greenwood (guitar, keyboards, other instruments) and Colin Gre ...
album.


Legal problems and shutdown

In December 2002, the company was ordered by a federal judge to disconnect its computer systems from the Internet. Earlier on in September, the court stated that Aimster had knowledge of copyright infringements, including a Web-based "Aimster Guardian" tutorial that showed copyrighted materials and the tracking of popular songs on the service via "Club Aimster"; the latter also indicated contribution to infringing activity and the monthly fees for the service indicated a financial interest for the Aimster operators in conjunction with infringing usage. The requirement for users to sign up and log in to use the service meant that Aimster was in a position to control the activities of its users. The injunction to disconnect was upheld in June 2003 by the decision in ''
In re Aimster Copyright Litigation ''In re Aimster Copyright Litigation'', 334 F.3d 643 ( 7th Cir. 2003), was a case in which the United States Court of Appeals for the Seventh Circuit addressed copyright infringement claims brought against Aimster, concluding that a preliminary ...
'' of the 7th U.S. Circuit Court of Appeals. In particular, it was found that Madster's support of encrypted file sharing was "
willful blindness In law, willful ignorance is when a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated. In '' United States v. Jewell'', the court ...
" 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 2004, the
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
refused without explanation to hear an appeal of the lower court's ruling. Madster was represented in court by Boies, Schiller & Flexner, the same law firm which defended Napster. In 2005, Deep sued Boies for
malpractice In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".Malpractice definition, Professionals who may become the subject of malpractice actions inc ...
and
misappropriation In law, misappropriation is the unauthorized use of another's name, likeness, identity, property, discoveries, inventions, etc. without that person's permission, resulting in harm to that person. Another use of the word refers to intentional a ...
, but lost the case in 2008.


References


External links


A 'blog' ostensibly written by Madeline Deep
{{File sharing File sharing software Windows file sharing software Discontinued software Internet services shut down by a legal challenge