Web Audio: Downloading Audio on the Internet Legally and Illegally
Prospectus
Web Audio: Downloading Audio on the Internet Legally and Illegally
Statement of Purpose
The purpose of this research paper is to discuss the legality of downloading music over the Internet. The paper will reflect the different methods available for Internet downloading such as subscription and peer-to-peer sharing.
Methods and Procedures
The resources used to find information on the topic were found from articles in the Galileo Database including Academic Search Premier and Wikipedia. There is information taken from the AdviceNow website which specializes in independent law and rights advice. About.com is also used as an Internet source.
Organization
The research paper will begin with the history of downloading over the Internet. . Then there will with examples of ways to download audio both legally and illegally. The paper will conclude with the impact of the Digital Millennium Copyright Act and how it affected the legality of file sharing, and give then examples of file sharing cases, such as the Napster trial.
I. Introduction
a. Downloading facts and numbers
b. Types of downloading
II. History of Downloading Audio over the Internet
a. Illegal peer 2 peer websites
b. Legal peer 2 peer websites
III. File Sharing Cases
a. Digital Millennium Copyright Act of 1998
b. Napster Case
c. Other cases
IV. Conclusion
V. Bibliography
Introduction
Everyday millions of computer users share files online. Whether it's music, games, or software, file sharing can give people access to an almost unlimited amount of information. File sharing by definition is the practice of making files available to other users for download ove...
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...t only become more accessible as technology advances. Even with new products, such as the iPod, are meant to only work with the iTunes, but hackers have made converter programs for the mp3 player which allow for the user to download music for free and convert the file to one which is applicable to the iPod. The digital age indeed is upon us.
Works Cited
Bainwol, Mitch. "Out: P2P Paranoia In: Platform Parity." Billboard 118 (2006): 4. Academic Search Premier. 3 Feb. 2006.
"Get your music to go: Online subscriptions get a test drive." USA Today 22 Dec. 2005, sec. 3B. Academic Search Premier. 2 Feb. 2006.
Parker, Nick. "Filesharing: the Facts and the Myths." Slyck News. 15 Mar. 2006 .
"ITunes Music Store-Review of iTunes." About. 16 Feb. 2006 .
Webber, Marry. "Music Copyright: The Myths and Half Truths." Advice Now. 15 Feb. 2006 .
2006 .
This paper describes various forms of DRM (Digital Rights Management), the DMCA (Digital Millennium Copyright Act), and methods of bypassing the afore mentioned subjects. Different forms of transmission of DRM protected material also has a direct relationship with what kind of files are protected by the DMCA and will be discussed. This paper will also discuss how law makers are attempting to halt illegal music sharing and how these attempts are in vain.
The Internet, by making free and non-free online distribution of music, has profoundly affected how business is conducted in the record industry in terms of distribution channels, copyright and the economic structure of the major players in the global market. Initially, the Internet was viewed as an opportunity by some of the major players as a new channel of promotion. However, after the existence of Napster and few others, the majority considered it as threat because of the increase in the free file sharing. Consequently, for the Internet to be an opportunity for the major players, they had to adopt new business model in terms of distribution for online customers while keeping their conventional distribution channels. Early response to this threat was searching for technological solution in order to prevent piracy, going to court to sue for copyright infringement, the five major players and others offered their own authorized online distribution joint venture, all in attempt to keep their power in the market.
In the modern world, as technology improves, it has become popular to obtain the digital copies of songs from online stores such as Amazon and iTunes, without even leaving the house. Unfortunately, many people choose to steal their favorite songs from countless available file sharing sites and peer to peer networks. Most music files downloaded from internet and peer to peer networks are illegal, this commonly includes MP3s created from CDs that are posted online by people who have not acquired permission from the artist or record company to do so. Downloading MP3s and other illegal music formats distress the music industry radically. It is estimated by the RIAA that 3.6 billion songs are illegally downloaded each month and It is also believed by (IFP, 2009) that 95% of music files downloaded from the internet are illegal. Thus, colossal number of dollars are lost as an eventual outcome of pirating. The primary explanation for downloading music illicitly is because it is available and free. Some music downloaders do not even feel that downloading and sharing music through peer-2-peer and copying from CDs as ‘stealing’ astute work of the musicians, composers and recording companies and this creates the problem.
Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies surpass copyright infringement and make a profit from the artist? Can a copyright really make that much of a difference in the world we know today?
McArdle, M. (2010). The Freeloaders How a generation of file-sharers is ruining the future of entertainment. The Atlantic.
Along with the development of a file format (MP3) to store digital audio recordings, came one of the new millennium’s most continuous debates – peer-to-peer piracy – file sharing. Internet companies such as Napster and Grokster became involved in notable legal cases in regards to copyright laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order to understand the differences and similarities, one should have an understanding of each case as well as the court’s ruling.
Nowadays, it is extremely easy to download free music from the internet. All someone has to do is download some peer to peer file-sharing application such as Kazaa, Edonkey, Blubster, or Bearshare, and you have unlimited access to download just about anything that you please. But is downloading free music from one of these applications legal? I think that it is. This paper will look at both sides of the argument.
Although online file sharing debuted in 1999, lawmakers and copyright industries are just beginning to address the myriad questions the practice has generated. In At Issue: Internet Piracy, authors attempt to answer some of those questions.
The music industry started in the mid 18th century with Wolfgang Amadeus Mozart. Through the decades there has been a great increase in this industry; however, the revenues for this industry have declined by half in the last 10 years. This has been caused by music piracy, which “is the copying and distributing of copies of a piece of music for which the composer, recording artist, or copyright-holding record company did not give consent” . After 1980’s, when the Internet was released to public, people started to develop programs and websites in which they could share music, videos, and information with...
With the popularity of the Internet, sales for CDs, DVDs, Movies, and many other products have increased. Along with the increase of sales has brought forth an ever increasing problem of illegal media being downloaded. Programs such as Bittorent, Kazaa, and other direct-connect networking programs have allowed the transferring of such illegal media. Downloading song files from the Internet over a free peer to peer network is the moral equivalent of shoplifting music CDs from the local mall.
All around the world people connected to the internet are downloading free digital content through P2P file sharing software.
Now let’s flash forward back to present day when all that doesn’t happen anymore. Instead of saving of our money and begging our parents to take us to the store to buy a newly released album, we simply get on our computer, go to a website and download the album for free. It doesn’t matter what website it is, whether it is Limewire, Frostwire, or Pirate Bay, people will be happy with their free album. There are still some kids to this day who enjoy going to the store and buying and listening to an album the old-fashioned way but we have to wonder how bad things will get as more and more people are getting equipped with the Internet and the use of downloading music. While the internet might be making life easier for all, the growing use of downloading music on the Internet is growing into a detrimental and illegal problem.
At the dawn of the internet, many things such as books and text became obsolete, due to insufficient monitoring of internet activity and sites. Individuals were able to gain free access to books and publications that normally needed to be bought, or required a fee. This is something that has caused problems for booksellers and publishers. Now, as technology advances, it also begins the decline of music, software, and television industries—but something can be done before it’s too late. Illegal downloading is a problem that affects us all, either directly or indirectly. Many people do not take it too seriously. They have not realized that it is an epidemic; like a disease that keeps growing as people become more knowledgeable about computers and learn more about how software runs. People openly burn music CDs and download music and movies for friends who in turn give it to their friends; it’s a never-ending cycle on illegal practices. The problem started when Napster came out and should have ended when it was shutdown. Unfortunately, not enough has been done to stop the illegal transfer of files. It’s time someone takes full action and ends this detrimental offense.
Knorr, Caroline, “Illegal Downloads: When Sharing Becomes Stealing” (November 19, 2010) https://www.commonsensemedia.org/blog/illegal-downloads-when-sharing-becomes-stealing (March 31, 2014)
The first reason why downloading and uploading copyrighted materials from the Internet should be legal is that downloading copyrighted materials positively affects the economy. The European Commission Joint Research Center reported that the profits of music companies would be 2% lower if uploading and downloading copyrighted materials were banned. However, music companies are able to acquire more profits despite illegal downloading because many people tend to purchase CDs or DVDs after watching or listening to copyrighted materials for free. Moreover, the research showed that people who download music illegally spent more money to buy music than people who did not download illegally. In addition, research conducted by the Swiss government informed that one-third of Swiss people downloaded copyrighted materials from the Internet because personal use of copyrighted materials is legal in Switzerland. Even though there is a fact that many people can download copyrighted materials from the Internet legally in Switzerland, the amount of money that people spend to buy copyrighted materials is not f...