The rise and fall of Napster in the late 90's brought file sharing over the Internet, and peer-to-peer technology, to the attention of the world. As Fuchs (2005) observes, before Napster file sharing was done largely underground and out of the public spot light; file sharing did exist before computers and information technology (CIT). CIT, however increased the dynamics and proficiency of file sharing. Initially ICQ Internet Chat System (used as both a chat system and a file distribution system), and Hotline, (founded by Hotline Comminations Ltd in 1996) were used. At this time Hotline was known for its speed. Fuchs informs that FTP is the most primitive method of file sharing. FTP is very effective, however only for file sharing, as it does not provide an online community via chat or message groups.
Napster was launched by Shawn Fanning in 1999, after the RIAA sued Napster in 1999 for copyright infringement; Napster was forced to shut down in July 2001. Napster's demise led to the creation of companies such as KaZaA, Morpheus, FastTrack and Audio Galaxy; the decentralised network Gnutella. OpenNap, a reverse-engineered version of the Napster protocol was released before legal problems, which led to the birth of MusicCity (Fanning, Shawn, 2005).
Napster and Gnutella continue to define file sharing today. Napster was resurrected as a commercial online music store in 2004 that competes with other online services like iTunes and Rhapsody, while Gnutella is a free and open protocol and service. Other file sharing systems seek to ride the like between the two extremes (Audio Melody, 1999).
File sharing has been the cause of controversy around record companies and artists, as they look to software companies to beat these file sharing organizations at their own game, creating software that would elude the copyright laws but contrary to downloading copied files, with the intention of eliminating file sharing.
Peer-to-peer file sharing is still trying to find its place in the world of business.
Kate Mitchell 17:16, 5 Sep 2005 (EST)
McManus, Sean. http://www.sean.co.uk/a/musicjournalsim/var/historyoffilesharing.shtm A Short History of File Sharing: Date Accessed (August 31st 2005)
Fuchs, Ben. http://www.tc.umn.edu/~schr0285/3921/history_01.html History of File Sharing: Date Accessed (August 31st 2005)
Audio Melody. http://www.audiomeldoy.com/index.php?/melodic/news/the_history_of_file_sharing The History of File Sharing: Date Accessed (August 31st 2005)
Kate Mitchell 17:24, 5 Sep 2005 (EST)
Contents |
...23, single, aquarian, enjoys long walks in the park. Loves a good fiction novel...
After experiencing the student life of USC, gaining certification in Remedial Therapies at ACNM, trying my hand in administration and working my way up the 'corporate ladder' in the fitness industry to the position of Centre Manger for an inner city gym; it is with great pleasure that I return to University to complete a double degree and bask in all the opportunities that only students are fortunate enough to be given.
Student discounts (I will never take for granted again...)
Overseas oppurtunities
More than 4 weeks holidays a year (Also never take for granted again - gotta love it:-) )...
Kate Mitchell 15:58, 9 Aug 2005 (EST)
Bailes, J. Templeton, G. Sept 2004. Association for the Computer Machinery. Communications of the ACM – Managing P2P Security. Vol.47. Issue 9; p95-98. New York.
This article discussing the issues of security that go hand-in-hand with P2P file sharing. The articles’ focus is on the users’ level of technical knowledge and skills being a key factor in technological risks. Whilst outlining the operational complexities this article office advice to developers and users on controlling P2P technology, the articles explores the issues in depth with “identity theft�? & “the theft of company secrets�? into discussion.
Bhattacharjee, S. Gopal, R & Sanders, G. July 2003. Association for the Computer Machinery. Communications of the ACM – Digital Music and online Sharing: Software piracy 2.0? Vol.46. Issue 7; p107-111. New York.
This article observes openly at the pros and cons of file sharing for the music industry and the individual user, concluding the pros for the user outweigh the cons at this stage. This article gives details of comprehensive studies done to understand the motivations to “freeload�? digital music, how the music industry is affected by this and the measures that could be taken in response to this. The studies are outlined in detail using diagrams to illustrate facts and figures. Much evidence is provided in support of the arguments.
Cavazos, Edward. 1994. Cyberspace and the Law, The MIT Press, Massachusetts.
Cyberspace and the Law provides answers to legal questions that may arise from users, addressing issue from cryptography, invasion of privacy, laws governing adult material, computer viruses, the National Stolen Property, and more specifically, the copyright issues when dealing with intellectual property.
Cyberspace and the Law takes an objective view on the manipulation and sharing of intellectual property. Notably this book was produced in 1994 and arouses arguments of the copyright system being developed at a time when the type of intellectual property that we saw in 1994 was unthinkable. In contrast Cyberspace and the Law illustrates that all legal issue raised regarding cyberspace are readily addressed by well-established principles. Ultimately however, Cyberspace and the Law address the difficulty to impose copyright laws on new technology. This book argues that almost all forms of expression are subject to copyright protection, including that of recorded sound.
Dias, Sonia. May 2002. Federal Communications Law Journal – The Availability of the Fair Use Defence in Music Piracy and Internet Technology. Vol.52. Issue 3; p727-747. Los Angeles.
Dias discusses the challenges the Music artists and recording industry face regarding protection and copyrighting of their works as technology advancements are made. Dias argues that while “fair use�? defence is available to on-line users of pirated music, (which is arguable reducing profit made by the industry) the recording industry can use this to their advantage; putting forward the opportunity of an entire virtual music store. Dias suggests the music industry should act open-mindedly, use Betamax technology as one example of the effects of irreversible technology, and use this to their industry’s gain.
Fries, Bruce. 2000. The MP3 and internet: Your guide to the Digital Music Revolution 1st Edn, Chapter 5-Digital Music and Copyright Law Burtonsville, MD.
This Chapter outlines copyright infringement, distinctively regarding digital music on computers and the internet; outlining the legalities of downloading, uploading and making copies of CD's for your own personal use. This chapter uses several case studies to illustrate copyright laws in a practical application; making references to the Audio Home Recording Act & RIAA's, sometimes differing, opinions. An example of the case studies included looks specifically at file-sharing and trading MP3 downloads. Students from Hedon IST (Institute of Science and Technology) were illegally, according to the Audio Home Recording Act of 1992 - Section 1006, downloading MP3 files in a contest. The case study looks at both sides of the issue and includes legal documents and policies, making an exceptional information tool.
Harari, Oren. Nov 1999. Management Review – You say you want a Revolution? Vol.88. Issue 10; p30-33. New York.
Harari, a professor of management at the University of San Francisco, use the evolution of the music industry, to exemplify his theory that “fighting tomorrow’s battles with yesterday’s technologies and business premises in not a prescription for future success.�? This article compares the CD age, with the ever increasing revolution of new technologies’ introduction of MP3s and Liquid Audio. Harari discusses the new economy in the music industry and argues the free markets will always have a way of eliciting “unexpected, fast-growing competitors that evade and bypass the giants.�?
Hannabuss, Stuart. 2002. Library Review – Sonic Boom: Napster, MP3 and the New Pioneers of Music. Vol.51. Issue 5/6; p276-277. Bradford.
This review refers to an article written by Aberdeen and outlines the implications “the Napster affair�? has had for companies trading on the internet, dealing in information, entertainment or music. The article discusses the role of the RIAA and the Music industries big five (Warner, Universal, Bertelsmann, Sony and EMI). Alderman provides a useful and topical insight into this discussion by questioning whether any internet service can fully balance business, legal, consumer and social interests.
Hedtke, John. 1999. MP3 and Digital Music Revolution, Top Floor Publishing Lakewood.
Mp3 & the Digital Music Revolution is an educational tool, at an introductory level aimed at new users.
This book covers basic MP3 skills and techniques from downloading and uploading files from a CD or online with emphasis placed on music files or MP3s. This book also gives references to other relevant sites regarding shareware, legal issues and popular search sites. Whilst this book in extensive in information and practical techniques provided to users, it only dedicates one paragraph to legal issues to be aware of. This book gives reference to the Recording Institute of Association of America (RIAA) & encourages readers to refer to the site if further information is required.
Johnson, Deborah. 1994. Computer Ethics 2nd Edt, Chapter 4-Property Rights in Computer Software. Prentice-Hall inc.
This Chapter of Computer Ethics looks at several relevant aspects of property rights in computer software. Outlining the legal mechanisms of the books time period, the philosophical basis of intellectual property and the moral issues concerned with plagiarizing software. The copyright section of the chapter covers issues concentrating on computer program and software, and does not span to issues specifically of file-sharing, MP3s, referring to them generally as intellectual proterty. Given this book was written in 1994, the social issues referred to are somewhat outdated. This book is a useful comparison tool, and can be used as supporting document.
Klein, B. Lemer, A & Murphy, K. May 2002. The American Economic Review – The economics of copyright “fair use�? in a networked world. Vol.92. Issue 2; p205-208. Nashville.
This article looks at the relative affect of P2P file sharing has on the value of copyrighted work. Providing an overview of arguments from both Napster and copyright-holders, allowing both sides to be equally addressed, this article concludes that new technology has both a positive and negative effect on copyright value. The article explores both sides in depth and provides a good basis for research on both sides of the discussion.
Lohmann, Fred Von. Oct 2004. Association for the Computer Machinery. Communications of the ACM – Voluntary Collective Licensing for Music File Sharing. Vol.47. Issue 10; p21-24. New York.
In this article Lohmann asks the question, “Why can’t American P2P file sharers have the same deal the broadcast radio industry has had for almost 100 years?�? Lohmann argues that P2P file sharing is here to stay and puts forward a proposal of collective licensing. Lohmann argues that this proposal would see the file sharing community’s content, and the music industry prosperous. Lohmann gives an extensive description of procedures that he feels should be put in place, including how finances should be managed.
Rathbone, Andy. 1999. MP3 for Dummies, IDG Books Worldwide Inc.
MP3 for Dummies is set out as a useful educational tool for new MP3 users. It uses a step-by-step format to give guidelines to the use of MP3s, from the most basic use to more advanced uses, to promoting the technology amongst musicians. Given, this book was written in 1999, so information gained should be compared with other more updated books; and advice that one “should hit the sack�? while waiting for an MP3 file to download should be considered.
In contrast, MP3 for dummies addresses some basic legal frameworks, outlining piracy issues from the Recording Institute of Association of America (RIAA). Makes reference to, albeit out-of-date, "MP3 Friendly bands" and Microsoft and Liquid Audio’s attempt to prevent users from copying files, resulting in this book being quite useful for practical reasons.
Roach, Ronald. Jan 2003. Black Issues in Higher Education – Internet Forces Schools to content with Copyright, Speech Issue. Vol.19. Issue 23; p34. Reston.
This article expresses the recent heat placed on the Universities in the United States, to place monitoring on the students’ use of internet, in the fight against music downloads and files-sharing. Roach observes attempts made by the entertainment industry to urge Universities to crack down on copyright infringement and outlines estimates, from Michael Zastrocky (an Analyst at research firm Gartner), of negative publicity or legal action that 80% of schools, if don’t participate in action, will encounter. This article also address involvement of the RIAA in the case.
Roach, Ronald. June 2004. Black Issues in Higher Education – Record Industry Sales Not Hurt by File-Sharing, Professors say. Vol.21. Issue 8; p82. Reston.
Roach discusses a study that had recently been released by the Harvard Business School about the relationship between file-sharing and the reduction in record sales. The study discussed estimates that it would take 5000 downloads to reduce the sales of an album by one copy, deeming file sharing a non-factor in the reduction of album sales. The article informs that the RIAA responded with an article titled “Downloading Hurt Sales�?, claiming the study released by Harvard Business School was flawed and incomplete. This study was also featured in the New York Times.
Samuelson, Pamela. Feb 2004. Association for the Computer Machinery. Communications of the ACM – What’s at stake in MGM vs. Grokster? Vol.47. Issue 2; p15-20. New York.
Samuelson uses a legal battle between MGM & Grokster, (MGM sued Grokster for knowingly contributing to copyright infringement) to allow communications readers to grasp the legal principles surrounding this, and other similar, issues. Samuelson addresses both sides of the legal principles, giving supporting arguments to both. Samuelson concludes that this matter should be left for the Congress, not the courts.
Samuelson, Pamela. March 2005. Association for the Computer Machinery. Communications of the ACM – Legislative Challenges to the Sony Safe Harbor Rule. Vol.48. Issue 3; p27-31. New York.
This article addresses the legal issues of Music downloading sites facilitating copyright infringement, Using specific legal cases as MGM vs. Grokster and Sony vs. Universal City Studios. Referring to the act of peer-to-peer (P2P) file sharing, this article outlines involvement of the US Congress and the extent of its seriousness by revealing the intent of the introduction of a bill known as ‘the INDUCE Act�? to amend the US Copyright law making intentional inducement of Copyright infringement illegal.
Sims, Lisa. Fall 2003. Emory Law Journal – Muting on the net: Ridding P2P Pirates of their booty. Vol.52. Issue 4; p1907 (41 pages). Atlanta.
In this document Sims looks at existing copyright laws and how they affect new technology. More specifically Sims uses P2P file sharing technology to illustrate the extent of new technology and analyze how current copyright laws are relevant to parts of this technology. Sims observes that the speed of technological advancement vs. that of the judiciary and legislators is paramount; that the legal system cannot possibly keep up. Furthermore Sims offers advice to educated users of their moral obligation, and put in place a pay-to-download scheme, and a distribution deterrence scheme in the effort to reduce related issues.
Kate Mitchell 17:40, 9 Aug 2005 (EST)
