User:Chris Paine

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Chris Paine 13:33, 26 Jul 2004 (EST)

Annotated Bibliography: Digital Music

Jones, Steve. (2003) Encyclopaedia of New Media, Chicago, Illinois.: Sage Reference Publications, ISBN 0-7619-2382-9

Jones reflects in detail on the digital timeline concerning the creation of the mp3 format, and the seemingly unstoppable plague of internet music piracy facilitated by illegal networks where users swap compressed mp3 audio files between private computers through centralised servers (Napster) or servers without specific central servers (KaZaA, Grokster, Morpheus). On pages 143-146, Jones discusses the emergence of the technology in Germany in the late 1980’s which became made available globally after a Dutch hacker managed to seize the software and use it to covert CD’s into mp3 format. Jones also discusses the foundation of mp3.com which led to the creation of Napster Inc. by an American college student frustrated with the lack of efficiency inherent in domains such as mp3.com. Subsequently, it is noted by Jones that both of the aforementioned mp3 networks were unsuccessful in legal battles against the RIAA in the United States, and were forced to pay damages (and in Napster’s case shut down) after being found guilty of significant copyright infringement.

In contrast, Jones discusses the growing market demand for legitimate downloading services heralded by recording industry associations, publishers, and artists worldwide as the saviour in the digital music war. These include a revamped Napster (Napster 2.0) in a turn-around to utilize its previously successful and widespreading file-share technology with a view towards facilitating legal music downloads. Other names such as MusicNet and PressPlay are mentioned by Jones, who also briefly touches on iTunes (used to legally download singles for US$0.99 for use on the Apple iPodâ„¢) as agents for changing the tide against illegal activity. Different services offer either monthly subscriptions for music downloading, or one-off licensing fees to purchase a copy of a single (iTunes).

On page 367, Jones discusses the technical aspects of Peer-to-Peer technology (P2P) which is used to drive file-swapping networks such as KaZaA. Page 335-6 provides a more detailed overview of Napster’s history discussing its creation, and ultimately its demise resulting from intense litigation. A more in-depth overview of the history and evolution of mp3 files and mp3 players and the major role it plays as a technology in the worldwide music industry, is considered on pages 323-4.

Baulch, Libby.(1998) Music & Copyright, Redfern, NSW. Australian Copyright Council.: ISBN 1-875833-62-5

The Australian Copyright Council’s publication entitled ‘Music and Copyright’ provides a snapshot of the legal provisions in place in Australia regarding copyright infringements in the Australian recording industry, and briefly answers some common questions regarding licensing issues and scenarios requiring express permission from copyright holders. While not in any great amount of detail, the publication also discusses the legal ramifications of internet music piracy and downloads particularly in terms of breach and infringement of intellectual property rights of Australian music artists. Baulcher’s simplistic breakdown provides a generalized overview of the harsh legal stance on copyright infringements using computer technologies including internet file-swapping agencies.

Krasilovsky, W & Shemel, S. (2003) This Business of Music, New York, USA. Billboard Books. : ISBN 0-8230-7728-4

Krasilovsky and Shemel touch on the history of music downloading, and in particular a brief timeline dating the rise and fall of different file-sharing technologies aimed at (purposely or not) facilitating illegal music piracy. Pages 401- 406 discuss the evolution of mp3 reproduction via internet agencies such as mp3.com, and peer-to-peer networking software such as Napster. Krasilovsky notes that with the legal crackdown by particularly the RIAA in the United States on these technologies, new peer-to-peer technologies are emerging to replace them such as Morpheus, Grokster, and KaZaA (operated by Australian-based company, Sharman Networks).

The implications for the recording industry discussed in this chapter (relating to illegal file-sharing software) focus primarily on legal consequences for copyright infringers (such as mymP3.com and Napster Inc.), with Krasilovsky and Shemel also discussing the dire financial consequences of continued illegal activity not only in the United States, but in other hotspots worldwide.

PwC Sees India & China As Fastest Growing Players In Music Market. [Online], 2004. Available: http://global.factiva.com.gateway.library.qut.edu.au/en/eSrch/ss_hl.asp [Accessed 11 August 2004].

This article discusses the emergence and expected growth of licensed and authorised digital music made available via online outlets in the Asia-Pacific region. In the fight against piracy, authorized digital services could account for up to nine per cent of the total record sales market by 2008 according the article. International comparisons are also made between not only major Asian and Pacific players such as India, China, and Australia, but also with the UK and the United States, where the release of similar legalised online downloading agencies has generated promising revenue. The article further considers the social and economic benefits for the availability of authorised digital music services as well as the pertinent legal windfalls in coming to terms with the global epidemic of internet piracy and copyright infringement.

Lewis, Samuel. The New Tune: Digital Rights, Disappearing Memories; Microsoft's new digital rights software claims to promote digital music mobility. [Online], 2004. Available: http://global.factiva.com.gateway.library.qut.edu.au/en/eSrch/ss_hl.asp [Accessed 10 August 2004].

Lewis discusses Microsoft’s inevitable entry into the online download market with its innovative subscription software known as Janus. The program serves as Microsoft’s bid to enter the growing market for legalised digital music online, and in turn challenges other fledgling products already in existence including the likes of Apple’s iTunes software, and the Sony Connect program in the United States. He goes into the details of how Microsoft are cornering a new market niche for this emerging technology by allowing users to ‘rent’ songs on a monthly subscription basis, rather than selling individual licenses to songs that users can keep on their PC’s and digital mp3 players such as the Apple iPod.

Although Janus subscribers are denied ownership of individual songs and cannot ‘keep’ songs for longer than a one-month period, they may have access to a virtually unlimited database of music for only a nominal cost each month. Lewis discusses the wide array of benefits for providing more alternatives to legal music downloading software and suggests that Microsoft’s release will appeal to a wider market of casual users.

Winkley, Ben. Music Industry Looks Outside Box to Stop Fall in CD Sales. [Online], 2004. Available: http://global.factiva.com.gateway.library.qut.edu.au/en/eSrch/ss_hl.asp [Accessed 11 August 2004].

Winkley goes into considerable detail about emerging European alternatives to Compact Discs with record labels and industry executives internationally recognizing the changing market that will eventually see Compact Discs phased out as vinyl records and cassette tapes once were. Particularly he mentions a variety of ways that publishing companies are re-inventing the market for CDs and online music to meet the demands of its dynamic consumer base.

Winkley reports that while CD’s continue to make up 86 per cent of sales for recorded music in Britain, European publishing agents such as BMG and EMI are pursuing other solutions to complement the conventional sale of CD’s. BMG announced a ‘three-tier’ strategy where 3 different versions of each new-release CD will be made available to consumers in hope of capturing a wider market of users to revert to the legitimate purchase of relatively cheaper CD’s. Furthermore, Winkley discusses EMI’s commitment to nurturing the online music market with expectations that it will account for up to 25 percent of its total record sales by 2009. The article also considers the impact of digital music on the price of CD’s in the future; that is prices for CD’s will inevitably dwindle in order to compete with online downloading agents.

Trakin, Roy. From Piracy To Promotional Tool. [Available Online], 2004. Available:http://gateway.proquest.com.gateway.library.qut.edu.au/openurl?url_ver=Z39.88-2004&res_dat=xri:pqd&rft_val_fmt=info:ofi/fmt:kev:mtx:journal&genre=article&rft_dat=xri:pqd:did=000000665206491&svc_dat=xri:pqil:fmt=text&req_dat=xri:pqil:pq_clntid=14394[Accessed 10 August, 2004].

Drakin discusses the immediate outlook for the movement against music piracy in the United States noting several key players such as Apple, Microsoft and Sony and the details surrounding major partnerships between such online subscription outlets and corporate giants including the likes of Pepsi, Coca-Cola, United Airlines, and McDonald’s. These corporate relationships are noted by Drakin as a driving force behind a promising future for the legal downloading of digital music where key strategies include mutual benefit schemes between consumer outlets and legal online music forums. Further, the RIAA (Recording Industry Association America) is remarked in the article as using the familiar name of Napster (formerly shutdown after losing a legal fight against copyright infringement charges for illegally facilitating unlicensed music through primitive peer-to-peer technology) as a newly emerging player in the legal music industry with the release of its new program, Napster 2.0.

Drakin roughly maps out the recording industry’s action plan to utilize an existing technology to its advantage, and using the internet as a promotional tool. In essence, he points out the benefits of using well-known and trusted brand names such as McDonalds and Coca-Cola in order to generate awareness and instill consumer confidence in this growing market for new technology uses. As discussed in the article iTunes has evidently set the ball rolling with 70million sales within its first year of operation, and provides a solid foundation to propel the industry to new heights with more and more online services emerging.

Is The Threat of Online Piracy Receding? [Available Online], 2004. Available : http://www.economist.com/displaystory.cfm?story_id=2177244 [Accessed 11 August, 2004].

This article from The Economist print publication explores a wider overview of all the aspects contributing to the ongoing threat of internet piracy, and the different approaches being taken globally in attempts to threaten the livelihood of illegal file-swapping technology and peer-to-peer user networks. The article furthermore discusses the support and optimism embracing online subscription outlets for digital music and despite an almost exponential growth in popularity expected over the next few years, evidence suggests that illegal file-swapping will still continue to consume a far greater market-share.

This in turn is arousing concern and generating debate as to the effectiveness of iTunes and similar programs emerging from Microsoft and Sony in the online marketplace. The article also considers a wider range of perspectives from not only the points-of-view of publishing labels and recording industry associations, but existing users of online subscription services, illegal file-swappers and musicians themselves, some of whom believe that the recording industry needs to alter its market strategies to mirror the interests of music consumers.

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Chris Paine 02:00, 13 Aug 2004 (EST)

File-Sharing Technology and Digital Creative Content