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Consumer behaviour is seen merely as an amplification of ancient habits that predated the brief rise of a commercial music industry in the twentieth century. (Vaidhyanathan, 2004:42)The effects that Peer-to-Peer filesharing has had on consumers are found within the social constructs in which filesharing is used. Consumers have the power to affect disruptively or constructively. The primary characteristic that appeals to consumers is the community created and the value of the individual, recognised by the groupings of people sharing resources over the Internet. (See also Internet Community) Peer-to-Peer technology is for many as much a political statement as a technological one. This stem from the idea that Peer-to-Peer networks, including computing resources are openly distributed and are predominantly owned and managed by the users. According to Sharman Networks, operators of Kazaa , Peer-to-Peer filesharing is good for consumers as it "is about more than just music, movies and games. Peer-to-Peer lets people share new ideas, collaborate on projects and communicate more efficiently. It’s a freedom of speech opportunity worth developing and defending". (Good & Krekelberg, 2004) Reviewing the political, technological, economic, and cultural dimensions of the battle over music can reveal some critical aspects about the way consumers use music and what consumers expect from the music industry.
The Internet and digital distribution are undoubtedly exciting new tools for musicians and artists and are being universally embraced as such. (Flew, 2002:107-108) Entirely new businesses have evolved around these tools. Digital distribution technology acts as an intermediary enabling musicians and artists to connect directly with fans in dynamic and immediate ways.(Flew, 2002:107) Greater exposure and closer connection with fans via the Internet facilitates invaluable benefits for both signed and emerging artists alike. Many artists such as 'Courtney Love' and bands such as 'The Offspring' have embraced the revolution and are in full support to maintain online music companies. (Vaidhyanathan, 2004:45) Sharman Networks believes that Peer-to-Peer filesharing is a way for emerging stars to share their works with the world without big budgets or a big deal. The company states in their revolution "a song, video, game, idea or image can be shared, tried and bought based on how good it is."(Good & Krekelberg, 2004) However, while positive opportunities are evident, the Internet poses a threat to major record labels and artists. Unfortunately the urge to share does not please the large multi-million dollar firms that are the backbone for producing, distributing and marketing the world's best-known music. The rise of Peer-to-Peer technology has heightened cultural habits within consumers and led many artists and artist representatives to speak out against Napster, and other MP3 file trading communities. Artist Quotes
While many insist that music is a shared form of expression, special to the human community, those who invest time and money in the industry believe that a product is a product and should be protected against unauthorised exploitation. (Vaidhyanathan, 2004:43)
The legal and ethical issues raised by Peer-to-Peer filesharing technology can be complex. The issue of control on a publicly distributed peer network is virtually impossible to monitor. Furthermore, complications may arise due to the current shifting of foundations regarding copyright protection and enforcement, thus questioning traditional allowance of fair use. (Leuf, 2002:88) Much of Peer-to-Peer filesharing technology is designed to ensure free information and thus facilitating exchange of any content.(Flew, 2002:110) The issue of liability is evident in the exchange of MP3 music files through the Napster network. Napster's rise to popularity meant that users allowed others to download MP3 files on their system, which in turn lead to users freely downloading MP3 files from millions of other users. (Leuf, 2002:90)The downside however was the fact that most MP3 files were recordings made from a copy of a commercial song. The band 'Metallica' famously argued that the free distribution of their music through the now obsolete file-sharing program Napster was a direct violation of their intellectual property rights. From a record labels perspective Peer-to-Peer filesharing breached the highest degree of content piracy. In a legal interpretation any act of copying or pirating content, even for personal use is illegal.
The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of Peer-to-Peer (P2P) providers develop overseas, it has become apparent that the file-swapping battle has really just begun.Kazaa casestudy On Feb. 6, 2004 the music industry's copyright enforcement arm, Music Industry Piracy Investigations (MIPI), raided the Australian offices of Sharman Networks and Brilliant Digital Entertainment, seeking documents and electronic evidence to support its case against the Peer-to-Peer company Kazaa. Specifically, the MIPI claimed that the raids executed on the Sharman premises might be in breach of Australia's Telecommunications Act. (See legal issues Filesharing_and_P2P-Legal_issues_Canada Australia) The service of Kazaa provides a completely different kind of service from Napster and a whole new set of jurisdictional, legal and enforcement problems. Understanding the usability and privacy function of Kazaa may narrow the speculation concerning Kazaas legal rights and obligations. However, as the Kazaa case continues in U.S courts, so to does the uncertainty of copyright in the digital age.(See legal issues USA, Canada)
The future of public Peer-to-Peer technologies is extricably bound up to a large extent with the future of free content. (Leuf, 2002:373) Companies will have to expand significant resources to protect themselves against lawsuits. Due to a failure on all fronts the music industry's decision to file lawsuits against several hundred individuals has evidently embarrassed the industry and alienated the public. The relationship built with the publics concerned had once been mutually beneficial, however is now diminished. According to Vaidhyanathan (2004) the industry has been trying to "take the anarchy out of the music, and take the music out of the anarchy." (Vaidhyanathan, 2004:45) The question at hand revolves around the time when the current 60 million fans become legitimate consumers of content via Peer-to-Peer or will the companies currently opposing the advancement of Peer-to-Peer technologies have their way and continue to threaten, sue, and deny access to a technology that will continue to develop?
Flew.T, 2003, New Media - An Introduction, Oxford University Press, Australia.
Leuf.B, 2002, Peer to Peer - Collaboration and Sharing over the Internet, Pearson Education, Indianapolis.
Kazaa Case study (2004) Kazaa Usability Casestudy, retrieved September 4, 2004, from http://www.hpl.hp.com/research/idl/papers/kazaa/KazaaUsability.pdf Kazaa casestudy
Recording Industry Association of America (2003) Quotes from the Artists, retrieved September 4, 2004, from http://www.riaa.com/about/artists/quotes.asp
Vaidhyanathan.S, 2004, The Anarchist in the Library, Basic Books, New York.
Caitlin Horgan 09:32, 10 Sep 2004 (EST)
