Contents |
Name: Gavin Mathieson
Course: Bachelor of Law/Bachelor of Journalism
Year: Second
About me: Apart from studying I spend a large chunk of my time working at Gribbles pathology, a pathology lab in Southport on the Gold Coast. When I'm not at Uni or work I'm...not doing much else because there isn't enough hours in the week.
Favourite online sites:
News.com - all the news you can handle
Google earth - Amazing satellite shots of anywhere you can imagine
Behind Big Brother - my obsession for 3 months of the year
The Sun - Not all news has to be highbrow
Annotated Bibliography topic 'Copyright, peer-to-peer music sharing and the Napster-factor'
Gavin Mathieson 11:27, 9 Aug 2005 (EST)
I chose to talk about the use of the Internet as a music sharing device as I am interested in the impact this will have on the entertainers legal rights concerning both copyright and revenue.
One of the most prominent players in this argument in recent years was Napster whos development and rapid popularity led to a series of legal battles which has ultimately shaped the way music is traded over the net.
Gavin Mathieson 11:40, 9 Aug 2005 (EST)
1. Mewton, C. (2001) Music & The Internet Revolution, London, UK. Sanctuary Publishing Ltd,ISBN 1860743250
This book discusses the changing face of the music industry with the rapid development in Internet technology, discussing the use of the Internet in all aspects of music creation, production, distribution and use.
The author, Mewton, has covered a wide range of issues involved with the Internet as a tool for music, including;
Gavin Mathieson 12:20, 9 Aug 2005 (EST)
1.Lutzker, A. P. (2003). Content rights for creative professionals: Copyright and tradmarks in a digital age. London: Focal Press.ISBN 0240804848
This book provides information for the creative class to ensure their creative products are protected.
The Author has provided in five different sections the information required to understand copyright and product protection. Sections that are of particular importance in the protection of digital music online are;
Gavin Mathieson 23:11, 9 Aug 2005 (EST)
2.Vaidhyanathan, S. (2001). Copyrights and copywrongs: The rise of intellectual property and how it threatens creativity, New York: New York University Press.ISBN 0814788068
This book gives a history of copyright (US history) and gives an insight into copyright issues that will be of importance in the twenty-first century.
Of particular interest is chapter five which looks at the future of copyright, citing the events of 2000 surrounding the Napster legal case as a turning point in how civilians think about digital and cultural control.
Vaidhyanathan states Napster has prompted the music industry to have a look at the practices they have used in the past and realise that they are no longer viable.
The author believes that the Napster case will promote new technology, promote trade and allow a more fair and global market to thrive.
Gavin Mathieson 22:57, 9 Aug 2005 (EST)
3. Copyright Agency Limited. (2005). Copyright and the Internet, Sydney,1-2.
This information sheet compiled by the Copyright agency aims to educate artists, authors, publishers and readers about copyright rights and the Internet.
The Author, the Copyright Agency Limited (CAL) is an Australian copyright management company whose role is to provide a information for creators and users of copyright material.
CAL represents authors, artists and musicians as a nonexclusive agent to license the copying of works to the general community.
The package defines what copyright is and outlines what material is covered by copyright, listing materials such as music, film and artistic works as well as commonly known materials such as books and magazines.
The information sheets also outline how individuals can avoid copyright infringement, and protect their own material posted in the Internet.
Gavin Mathieson 21:50, 9 Aug 2005 (EST)
4.Gartner G2 and the Berkman centre for Internet & Society. (2003). Copyright and Digital Media in a Post-Napster world. [Electronic Version] Harvard Law School Review retrieved August 01, 2005 from http://cyber.law.harvard.edu/publications.
This research paper looks at how digital technology and the Internet are altering many industries and changing products are used for media and entertainment. It also looks at the legal and regulatory developments regarding copyright and related intellectual property issues.
The paper gives a history of copyright laws and how legislation (both US and European) has evolved over time to suit differing media and technological advancements.
The article also analyses consumer peer-to-peer activities, attitudes and the impact this has to business.
The Berkman centre paper outlines several key legal cases and decisions that form the background for today’s conflicts over copyright and digital media. Cases analysed consider a variety of aspects of copyright including fair use, enforcement, digital media and international conflicts.
The paper ends with a look to the future listing possible solutions such as further legislation and technological developments to protect both the user and the creator.
Gavin Mathieson 22:35, 9 Aug 2005 (EST)
5.Weatherall, K. (2004). On Technology Locks and the Proper Scope of Digital Copyright Laws — Sony in the High Court. [Electronic Version] Sydney Law Review.
This Journal article is a commentary on the Full Federal Court’s decision in Kabushiki Kaisha Sony Computer Entertainment v Stevens, a case which raises important issues concerning the application of copyright law to a digital environment.
The main issues involved in this case was the court’s interpretation of the Copyright Amendment (Digital Agenda) Act and the introduction of ‘paracopyright’ — laws which make it illegal to avoid the technologies used by copyright owners to control digital copies of their material.
The particular case of Sony v Stevens revolves around the use of computer games, the legislation used to protect games companies now also protects creators of other digital media, including music and literature on Cd-Rom.
The commentary also gives a brief history of the Copyright Amendment (Digital Agenda) Act stating that the legislation was drafted, by to predict future technological developments at a time when Napster was in the process of further revolutionising an already unstable electronic and digital environment.
Gavin Mathieson 22:09, 9 Aug 2005 (EST)
1. Breen, Christopher (200) “Steal this song: Will Napster change the way we buy –or—Don’t buy music forever?,�? retrieved August 3, 2005, fromwww.macworld.com
This article looks at the widespread use of music sharing technologies and the legal arguments concerning MP3 sharing.
The author, Breen, bases the article on the 2000 court case concerning popular file-sharing service Napster.
The article comprehensively sets out the structure of the service describing how users trade files and explains how the system differs from others.
Breen also includes a commentary of the legal issues behind the arguments against file-sharing and looks at the commercial concerns of the music industry.
The article provides a balanced argument, showing both sides of the dispute by including interviews with some of the most prominent ‘entertainers’ involved in the public argument, Lars Ulrich, drummer for Metallica and Chuck D from Public Enemy.
Gavin Mathieson 22:38, 9 Aug 2005 (EST)
2.Douglas, G. (2004). Copyright and Peer-to-Peer Music File Sharing: The Napster Case and the argument against Legislative Reform. [Electronic Version] Murdoch University Law, 11(1),1-27.
This Journal examines the legal issues surrounding peer-to-peer music sharing and the legislative reforms concerning the practice in both Australia and the US.
The author looks at copyright law and the challenges it has had to face with the popularity of peer-to-peer dramatically increasing with emerging technologies.
Douglas describes the structure of the most popular Peer-to-peer service Napster and details and explains both the legal arguments and judicial decisions raised during the legal fight between Napster and various recording companies.
Gavin Mathieson 13:37, 9 Aug 2005 (EST)
1. McNulty, T. (2005). In wake of ruling, you can still legally download music. [Electronic version] Knight Ridder Tribune Business News,1.
This article describes how proposed US legislation paves the way for Internet file-sharing companies to be sued for encouraging illegal downloading.
The author Mcnulty, uses a series of questions in the article to analyse the US Supreme Court legislation and answer the impact this decision will have on both the industry and the user.
Topics covered include where to get legal music downloads, what will happen to web sites that operate outside the proposed legislation and hints at what the future might hold for Internet downloading.
Gavin Mathieson 13:48, 9 Aug 2005 (EST)
2. Daxter, G. (2005), Colleges target illegal file sharing, [Electronic Version] Knight Ridder Tribune Business News,1.
This article shows how some American universities are trying to combat the problem of illegal file downloading and music piracy.
The action taken by tertiary institutions comes after the Recording Industry Association of America and the Motion Picture Association of America announced it was suing students at 18 for students using campus Internet technology for illegal downloads.
The author also describes how universities have been forced to self-police servers as a punitive and preventive measure to cut the number of copyright violation claims on campus due to the new culture of students who don't consider downloading as stealing.
The article also describes how said some larger universities are responding copyright violations by giving students an alternative including subscriptions to pay music services and broader, faster Internet systems allowing students to legally share their music with others in the through programs such as iTunes.
Gavin Mathieson 13:55, 9 Aug 2005 (EST)
3.Gwinn, E. (2005). File-sharing services can be held liable for illegal activities of clients [Electronic Version] Knight Ridder Tribune Business News,1.
This article covers the US Supreme Court’s decision allowing Internet music- and movie- swapping networks to face lawsuits if they encourage users to violate copyright law.
The article outlines how companies like Grokster Ltd. and other file-sharing services, whose software allowed computer users to trade music and movie files, illegally encouraged downloading of copyrighted songs.
Gwinn describes how the ruling is likely to have a wide-ranging impact on tens of millions of consumers who swap digital entertainment and those providing content.
The author also describes how consumers may lose new features for their digital players as the court’s decision doesn't elaborate on what constitiutes an illegal activity.
The author predicts the ruling will ultimately prove to be the beginning of a decline in usage of mainstream P2P file-sharing, which may result in increased usage of legitimate online content services.
Gavin Mathieson 14:20, 9 Aug 2005 (EST)
4. MacMillan, R. (2005, April 13). Steal This Song. The Washington Post. Retrieved September 27, 2005 from www.washingtonpost.com
This article is an editorial about the entertainment industry's decision to sue hundreds of college students for using the Internet 2 system to steal music and movies.
The author, The Washington Post’s Robert Macmillan describes how students are now the target of the record and film industries fight against piracy due to their use of university Internet systems to trade and download illegal files.
The article interviews some of the key players including the record industry heavy-weights and university authorities to describe how students have been caught and what the general attitude is to ‘stealing’ on the Internet.
Gavin Mathieson 14:39, 9 Aug 2005 (EST)
1. Sweeney, P. (2000). Gearing up to download. [Electronic Version] The Boston Business Journal, 20(36), 1.
This article is based on an interview with Curtis Roberts, president and chief executive of Digital Media On Demand Inc (DMOD).
The article describes how DMOD has been billed as an alternative to Napster by utilizing Napster’s ease and functionality but also bypassing its legal difficulties.
Roberts outlines his company’s aspirations and describes how, as an ally of the recording industry, he is trying to establish DMOD as an alternative to Napster by making the case that music and other digital content can be shared online in a way that respects copyright law.
The article praises the work of Napster stating that although legally flawed, the astounding popularity is responsible for opening the doors of digital media downloading. However at the same time the author states that there is a need to protect the interests and creativity of the artists.
The article claims that technology such as that being developed by DMOD’s is the way of the future, using a quote from a key industry player, stating that, "I have a belief my grandchildren are not going to know what a CD is".
Gavin Mathieson 14:02, 9 Aug 2005 (EST)
1. Napster (2005) retrieved August 09, 2005 from www.napster,com
Napster was originally a peer-to peer file sharing service that created much controversy at the start of this century. The service has now been redeveloped to be a legal music service giving subscribers access to over 1,000,000 tracks.
Subscribers can listen to any number of downloaded tracks and over 50 commercial free radio stations as long as their subscription is valid.
If a subscriber wishes to burn a copy of a downloaded track onto CD or transfer the track onto a portable device they must purchase this track for a fee.
2. iTunes (2005) retrieved August 09, 2005, from www.apple.com.itunes
iTunes is an online music store operated by the Apple company and is formed by a partnership with major record companies including EMI, Sony-BMG and Warner Bros.
The store has over 1.5 million songs available to customers who may purchase tracks separately or as an album or ‘bundle’.
The service also provides access to over 3,000 free podcasts and free music video downloading. The technology used by this service is designed to work with Apple’s Ipods but also allows users to burn tracks onto CD and share with other users.
3. MP3.com (2005) retrieved August 09, 2005, fromwww.mp3.com
Mp3.com is a service similar to iTunes. It provides a service where users can purchase tracks and download them to their hard-drive allowing users to burn Cd’s or transfer to other portable devices.
Mp3.com also allows users to view videos and purchase tracks from linked services.
Gavin Mathieson 12:33, 9 Aug 2005 (EST)
Edited and completed by Gavin Mathieson 10:44, 11 Aug 2005 (EST)
