...and any other kind of computer files that could be beneficial. Each week there are more than one billion downloads of music files alone. Participation in file sharing has also grown. Over 60 million Americans above the age of twelve have downloaded music (Ipsos-Reid, 2002b). File sharing is heavily linked to youth. While a majority of Americans under 18 years old have downloaded and half of those are heavy users, only a fifth of those aged 35-44 have downloaded files (Edison Media Research, 2003). Among U.S. adults at least 18 years old, the number of downloaders has about doubled since 2000 (Pew Internet Project, 2000 and 2003). Because physical distance is largely irrelevant in file sharing, individuals from virtually every country in the world participate. When peers download, they don't all download from one place. Millions of peers around the world are connected and they download files off of each other's computer. Popular networks are Kazaa, WinMX, Limewire, Morpheus, Frostwire and many more. Downloading files is free, but many people are confused that it would be stealing. The RIAA (Record Industry Association of America) had announced that it is stealing, but people won’t stop. Peers know that P2P programs still exist and they keep on trading, sharing and downloading. "Music Industry Officials estimate that they have lost more than $300 million worth of CD sales due to free Internet trading" For this, they say trading MP3's (music files) is stealing. In the year 2000...
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...has revealed its presence in a multitude of industries throughout the realm of business for numerous years now. Of the thousands of products that have been reproduced and distributed without the authorized use of the copyright holder, it can be argued that the downloading of music is one of the most controversial matters pertaining to this era of mass internet usage. One of the most significant examples of such a case can be found in the Napster copyright infringement that occurred early in the twenty-first century. Napster proves to be a unique and worthy example for the reason being that the online file sharing service had been recognized to directly infringe the exclusive rights of artistes by freely distributing their musical projects online. Napster was developed in 1999 by Sean Fanning and Sean Parker, and it served as an independent, internet-based peer-to-peer file sharing service. The service used digital technology that created the opportunity for users to transmit and retain sound recordings. The service quickly gained immense popularity especially among students across the United States, who became the largest proportion of Napster’s subscribers. As Napster’s reputation grew, several recording companies such as A&M via the Recording Industry Association of America (RIAA) began to contest Napster, in order to regain dominance in the music industry. This caused Napster faced many allegations and lawsuits stating that its operations revolved around the commercial...
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...William & Mary Law Review Volume 45 | Issue 4 Article 5 A Pattern-Oriented Approach to Fair Use Michael J. Madison Repository Citation Michael J. Madison, A Pattern-Oriented Approach to Fair Use, 45 Wm. & Mary L. Rev. 1525 (2004), http://scholarship.law.wm.edu/wmlr/vol45/iss4/5 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use...
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...case involving Jammie Thomas-Rasset, who illegally downloaded over 1700 songs from a p2p network. It is unethical for such a corporation to incarcerate or even sue for such a misdemeanor offense (Barret, 2010). The evolution of how we obtain music has become easier to the public due to programs that allow people to download single songs or even albums, preventing them from having to leave their homes. Although it may seem effortless, downloading music has some stipulations that go along with how you are receiving the files. Basically what it boils down to is, if you did not pay for it, then it is illegal and considered piracy (RIAA). Illegal actions should be dealt with, but the question is, “Should the RIAA be rewarded such unruly amounts of cash, or better yet send people to jail over downloading a song?” This question leads to the ongoing court case that started in 2006, in which Jammie Thomas-Rasset is being penalized for illegally downloading and sharing music on Kazaa. In Jammie’s first trial during 2007, she was demanded to pay $222,000 by the jury for copyright infringement on more than 1700 songs by several artists, but the judge declared a mistrial. In 2009, the...
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...File Sharing: what and how Effects on music sales. Abstract File sharing is the practice of distributing or providing access to digitally stored information, such as computer programs, multimedia(audio, images and video), documents or electronic books. It may be implemented through a variety of ways.In this paper we are discuss common methods of storage, transmission and dispersion include manual sharing utilizing removable media, centralized servers on computer networks,World Wide Web-based hyperlinked documents, and the use of distributed peer-to-peer networking.We consider the specific case of file sharing and it’s effects on legal sales of music . 1. Introduction Files were first exchanged on removable media.Computers were able to accessremotefilesusing filesystem mounting and FTP servers.The mp3 encoding, which was standardized in 1991 and which substantially reduced the size of audio files, grew to widespread use in the late 1990s. In 1998, MP3.com and Audiogalaxy were established, The Digital Millennium Copyright Act was unanimously passed, and the first mp3 player devices were launched. In June 1999, Napster was released as an unstructured centralized peer-to-peer system, requiring a central server for indexing and peer discovery. It is generally credited as being the first peer-to-peer file sharing system. Gnutella, released in March, was the first decentralized file sharing network. In the gnutella network, all connecting software was considered equal...
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...| How is Digital Piracy Hurting Modern Society? | | | Introduction Digital Piracy is a huge crime that is large hurting the entertainment business here in the United States and in other countries, but the question I ask myself is how digital piracy hurting modern society? What actions are our governments taking to stop people from downloading illegal music, movies, and software? How much of a profit loss is effecting the companies that are producing this digital material? If someone knows what the punishment is for downloading music, movies, and software would they still do it. This research will aim to understand what is digtal piracy is and why it is that people download illegal software, movies, and music. Literature review In the article Examine Digital Piracy: Self-Control, Punishment, and Self-Efficacy, the authors introduce what digital piracy is and how it changes on a constant basis. They show how the “United States government has been cooperating in the fight against digital piracy with the software, music and movie industries with the Digital Millennium Copyright Act (DCMA)” (Zhang, Smith, McDowell, 2009). They discuss how most people think that digital piracy is acceptable, it a soft crime and it does not hurt anyone, and most think that this information should be exchanged freely. The authors also did an online-survey study on college students who were taking Management Information Sciences (MIS) course at a public university in the southern United...
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...Will the Web Kill Colleges? In this paper I will examine the article written by Zephyr Teachout entitled “Will the Web Kill Colleges”. The key point of Teachout’s argument is whether or not the Web will kill Colleges. According to the author Zephyr, “undergraduate education is on the verge of a radical reordering” (Chaffee, p.91, para 2). Zephyr states that colleges will be torn apart by the Internets new ways of sharing information. Classes are slowly changing from an in class setting to an online setting that may become permanent over the next 15 years. The author also states “colleges are becoming more virtual” (Chaffee, p.91, para 3). Traditional Colleges will experience a decline in enrollment and since they are depending on tuition this will hurt them tremendously. You don’t have to be in a classroom to do research, ask questions and receive lectures to gain a full learning experience. “The funding of academic research, the culture of the academy and the institution of tenure are all threatened” (Chaffee, p.96, para 4). The evidence used by the author to support his argument is the cost of getting a online degree are relatively inexpensive compared to traditional college. For example, “in state online undergraduate completion degree offered by the East Carolina University costs only $99 per credit hour which is a base of $1200 a year” (Chaffee, p.92, para 2). And the author also believes that the price will “only dive in coming decades as more universities compete...
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...ITM 434 Module I: Case Assignment If it is ok for a starving man to steal food if he has no money, why can’t a person download free music if he or she feels the price is too high? Peer to peer downloading and file sharing is one of the most popular uses of the internet within today’s generation. The downloading and sharing of files takes place in networks such as Limewire, Kazaa, or Edonkey which provide individuals the opportunity to search and download from others on an unlimited basis. One of the important features that have lead to the success and popularity of this medium of getting music is the variety of music itself. Since there are so many people sharing and downloading music, the variety of music is greater, giving the user a various selection of music files to choose from. Another aspect of the sharing and downloading of music over the internet that has made it very popular is that it can perceived as a win-win situation for both parties involved. The record companies are trying to put a stop to music downloading, they feel it is stealing copyrighted music they produced, even going as far as taking legal action on people who have downloaded their music. Is this just greed from the record companies? Accord to Allen Steven of the Los Angeles Times, album sales are not the top grossing income for artists and artists only receive one percent of record sales (08/21/00). The rest goes straight to the record companies. Record companies are making millions on record...
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...Week 7 Assignment 2 HSM/230 Individual: Building an Ethical Organization Part 1 Family Helping Families is a program located in Northeast La and is one of ten non-profit resource centers all centers are. Operated by its own govern Board of Directors each staff and Board members is made-up of individuals and members with disabilities families helping families covers twelve parishes that is made-up of Region 8. I have seen family helping families help many of people in high school I would totally us the organization because children with disability are over looked and not given the same rights has others. In high school my mother fined this organization when she was trying to locate help for other classmates of mine I would never forget this ladies name her name was Lori. She was completely helpful with going beyond her call they even got in touch with the school and to give more assists to the family and the child. Their Mission and Vision was to provide information and referral, education and training and peer to peer support to all individuals living with disabilities and their families. Their Vision is to strengthen and support and empower the individuals and their families while providing home and the community inclusion. Point of information and Referral when a family is referred to the offices for Citizens with Developmental Disabilities they will determined to see their eligibility for the services and for their own they will referred to Families Helping Families then...
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...be allowed and such an act will benefit our culture because many new works could be created. The main premise behind Walking on Eggshells is the prevalence of appropriation. Examples throughout history were used like Picasso’s paintings being similar to old African paintings. Moreover, in television, cartoon characters such as Bugs Bunny referenced famous people like Mozart to entertain children. Finally, in music, Daft Punk was essentially a fusion of the works of Mozart and Beethoven. With so many instances of appropriation, it is hard to punish everyone for committing it. Moreover, artists sometimes do not care about money, and so they are willing to let their music be downloaded for free or be remixed because they care more about sharing their art than making money. Simply put, we have all the music in the world for us to define ourselves and our culture. Rip! discussed a wide range of topics about appropriation and expanded on a lot of points Walking on Eggshells made. Rip! also suggested that appropriation should be something anyone can legally do. Rip! justified this by pointing out the ridiculousness...
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...Why is software piracy so pervasive? I believe software piracy is so wide-spread because of the easy method for sharing this software world-wide through the internet. With peer-to-peer sharing through torrent sites a person can share software with the world. Without the ability to share software on the internet piracy would be much less pervasive. I have heard some people make the excuse for using pirated software on the exorbitant profits that companies like Microsoft are generating due to overpriced software. Years ago there was an outcry that Microsoft should give a discount when a person purchased multiple copies. In response, Microsoft did finally offer a discounted Family Pak for their OS and Office. I also believe the conversion to digital formats like eBooks and mp3’s has made it easier to pirate these types of products. What are your innovative ideas to reduce this problem? This is a battle that I feel the software industry is losing although they have put up a fight. We have seen torrent sites shut down, individuals jailed, and people fined and yet pirating only seems to grow. Popular sites like isohunt and Demonoid which were shut down by the MPAA have resurrected their torrent site in different countries. Over the years the software industry has tried numerous methods including serial numbers, activation, and more recently online activation and authentication as Microsoft started with the new Office 2013, but it seems hackers continue to find methods...
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...------------------------------------------------- Copyright violation and illegal downloading 1. Give an outline of the attitudes to the copyright violation and illegal downloading as pretended in texts 1and 3. The two texts show us two opposing attitudes to copyright violation and illegal downloading. Text one: "The Pirate Bay´s Peter Sunde: It's Evolution, Stupid". Peter Sunde tells us about his dissatisfaction with his conviction for contributory copyright infringement. He claims that the entertainment industry should evolve because it's kind of "old" and that the entertainment industry is dying. So he tries to convince the reader that he's not guilty and that the supreme court must vacate his sentence. Later Peter Sunde uses democracy to argue for changing the law of copyrighting. Text three: "You like my poems? So pay for them", is by Wendy Cope, who is a poet. The text shows her opinion of copyright violation and illegal downloading, which is an opposing view than the one from Peter Sunde. She suffers from the loose grip on the copyright rules because everybody can just get anything from the internet, without her approval. Of course having it on the internet might affect the sales of her poems. And the fact that you can get it free of the internet, might not be a good thing if her income depends on how well her book sells. Wendy Cope feels that ignoring copyright is a problem because everyone might harm people by doing so, without even knowing it. ...
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...Peter Sunde also urges people to fight against the copyright violation law, and to stop letting a corrupt industry control the internet. Opposite Peter Sunde, Wendy Cope intensively fights copyright violation, first of all by writing and publishing her article ”You like my poems? So pay for them”, but also by writing on the subject ”copyright violation” in an attempt to stop the spread of the ignorance of the copyright law. In her article she points out different reasons for there to exist a law protecting author’s and moviemakers from being robbed their work and money, and why internet piracy is wrong. One of the reasons and arguments is that many author’s make a living by selling their work. Not buying an author’s work and casually sharing it would prevent the author from making their living, because she believes that internet piracy must have an effect on the books that are being sold. In the end, though, she admits that it is difficult to stop internet piracy from hapenning. 2. In both of the texts, the tone is determined but not...
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...a high tech version of old fashioned bartering systems. Peer to Peer online shopping connects people all over the world by facilitating online sharing. Typically, an online peer-to-peer marketplace brings people and/or businesses together online to deal with each other directly without having to go through a slow, expensive middle man. Peer to Peer online shopping can be convenient, it can save time by having everything in one place, and save money by cutting out the middle man which will reduce the overall cost for the consumer and increases the profits for the provider/business. Peer to Peer online shopping can also be fun, and highly specialized. During the recession people had less money which caused them to spend less which eventually led to Collaborative consumption. Collaborative consumption which is consumers selling or renting to each other is encouraged by all of the Peer to Peer online sights. For example E Bay is a online auction and shopping website that provides peer to peer and business to consumer sales service via internet. According to our text book "one of the most surprising benefits of collaborative consumption however, turns out to be social. This is true because it allows for sharing between strangers and allows us to make meaningful connections. "Collaborative consumption is an economic model based on sharing, swapping, trading, or renting products and services, enabling access over ownership. It is reinventing not just what we consume but how we consume...
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...Illegally Downloading Music The concept of downloading music has been around since the late 1990s, around the time when we started seeing networking sites appear on the internet. These sites allowed users to post and share music and software files with other users, usually at no cost. Most artists rely on their music careers for sole financial support. With the increase of illegal music downloading, artists lose out on income, it prevents future artists from wanting to pursue a career in the music business and in some cases cause them to miss out on contracts. Illegal music downloading also places the individual at risk for criminal charges. The amount of illegal downloading that occurs today makes it even harder for some musicians to make a living from their music. If artists are not able to make a profitable amount of money in the music industry, the number of people wanting to continue or pursue music will be greatly reduced. With online communities dedicated to sharing music, this trend does not seem as though it will end anytime soon. Once a part of these communities, individuals can and will acquire (whether by paying or for free) the music and turn around and share it with friends and family members. Illegal downloading and sharing is the reason for loss of income in the music industry. Global music piracy causes $12.5 billion of economic losses every year (RIAA - Anti Piracy, 2014). If the amount of money that goes in to the music industry is not coming in, artists might...
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