[unisog] Brilliant/Kazaa

Harris, Michael C. HarrisMC at health.missouri.edu
Wed Apr 3 16:19:27 GMT 2002

Since when do our individual users have the contractual ability to sign away the rights to University property?  

If you take the view that our shared computing ability and our bandwidth is a valued resource and is university property, it can not be signed away as easily as a user clicking on an "I agree box" in a piece of software.  This never stops the user community but does give us some ground to stand on when blocking this traffic, or forcing removal of this kind of software.

I'd be interested in University Policy or legal review, rather than my myopic view from the trenches


Michael C Harris
System Security Analyst - Expert
ITS / Research Education and Support
University of Missouri Health Care
Phone: 573-882-3392 

harrismc at health.missouri.edu
This e-mail is sent with 99.73% recyclable electrons

-----Original Message-----
From: Anderson Johnston [mailto:andy at umbc.edu]
Sent: Wednesday, April 03, 2002 8:56 AM
To: Rita Seplowitz Saltz
Cc: unisog at sans.org
Subject: Re: [unisog] Brilliant/Kazaa [Was: Comments???]

If I followed the article correctly, the Kazaa agreement (click "I Agree")
has been amended to include agreement to enslave your computer to
Brilliant without any compensation.  From the article:

	However, people who accept "terms of service" already distributed
	with Brilliant's and Kazaa's software are already agreeing to let
	their computers be used without any payment at all.

	"You hereby grant (Brilliant) the right to access and use the
	unused computing power and storage space on your computer/s and/or
	Internet access or bandwidth for the aggregation of content and
	use in distributed computing," the terms of service read. "The
	user acknowledges and authorizes this use without the right of

So, if a bright young hacker has a node of Brilliant's "distributed
computing" network on the desk, what exciting new possibilities present

					- andy

On Wed, 3 Apr 2002, Rita Seplowitz Saltz wrote:

> I am perplexed as to how a customer of any ISP (or, more to the point,
> someone with a connection to a campus network) is empowered to authorize use
> of available bandwidth by some other entity.    There is implicit
> authorization  for bandwidth use affiliated with any file-sharing mechanism,
> even "of the old school."  But the inference I draw from Borland's article
> is that the potential for bandwidth-drain with Brilliant Digital's scheme is
> far greater.
> The "about us" page of Brilliant's web site describes the company as:
> "A creative mesh of designers, animators, programmers, and entrepreneurs,
> BDE¹s reason for being is web-delivered 3D animation. We create the
> technology that makes eye-catching 3D on the web a reality, create the
> content, and syndicate our popular webisodes, web videos and banner ads. "
> A quick glance at their "press room" titles at:
> http://www.brilliantdigital.com/press.asp
> reveals no mention of Kazaa or of the concept discussed in the Borland
> article.   So apparently the concept is not worthy of their own press
> release at this time.  Or I missed something.  (Either is possible!)
> Rita Saltz
> Policy and Security Advisor
> Office of Information Technology (OIT)
> Princeton University
> rita at princeton.edu

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