User:Marcial Christians

Email Sean Christians
Sean is currently studying a Bachelor of Creative Industries (Interdisciplinary) at the Queensland University of Technology and has previously studied Architecture at the University of Queensland and completed a Diploma in Graphic Design and Marketing. He is presently working as a casual CAD operator for a surveying company for which he has also designed the logo.

Perspectives from organizations, governments and society toward peer-to-peer (p2p) music sharing technology.

ARIA: Australian Record Industry Association (2004) “Internet File Sharing – The Myths Explained,� retrieved August 11, 2004 from http://www.aria.com.au/pages/InternetFileSharing-TheMythsExplained.htm

Posted on the Australian Record Industry Association (ARIA) website this page provides compelling arguments as to how detrimental music downloading is on the industry. It carefully directs its argument toward how much it affects the artists in particular. By addressing many of the issues that those in support of music file sharing often put forth, like, “downloading is just like home taping� and “the record companies only have themselves to blame for not getting their artist’s tracks online quickly enough,� ARIA are very convincing in their convictions. There is also an element of the page being used as a scare tactic aimed at illegal music distributors by often citing the legal ramifications of music piracy and also how serious ARIA is about the situation.

Bruns, A. (2003) "From Blogs to Open News: Notes towards a Taxonomy of P2P Publications", Brisbane: ANZCA 2003 [Conference Paper, 9-11 July 2003]

The evolution of peer-to-peer (p2p) technology is quite comprehensively covered in this piece. Although it certainly deviates away from the topic of music file sharing it does draw some interesting parallels with p2p publishing. A technology that is reaching a much more mature stage than p2p music downloading, p2p publishing could probably be used as a model to the future of sharing, downloading and editing music on the web. Bruns discusses the similarities between the p2p systems in place for file sharing, like Napster and Kazaa, by comparing them to sites designed for online collaborations, but is quick to point out that such file sharing systems are used only to share content and lack the interactivity of sharing ideas.

Bray, H. (2004, June 28) “For Geeks It’s a Big Misunderstanding,� Boston Globe, retrieved August 11, 2004 from http://proquest.umi.com/pqdweb?RQT=309&VInst=PROD&VName=PQD&VType=PQD&Fmt=3&did=000000656086411&clientId=14394

At what point does regulation become overkill? In protecting copyright laws, are opportunities for technological advancement being suppressed? Bray’s article outlines the sentiments of Utah Senator Orrin Hatch who believes that all forms of copyright breach should be dealt with as severely as possible. Hatch is of the opinion that the problem is so grave that “some corporations now seem to think that they can legally profit by inducing children to steal.� Bray retaliates to these accusations by proclaiming that such views inhibit the advancement technological innovation. Other interesting rebuttals to Hatch’s objections to file sharing software by Bray includes the proposition of the recording industry suing Microsoft for allowing file-copying software to be a part of its Windows Media Player package. Bray also queries the confusion surrounding the support of software companies for a bill that would effectively work against their own financial interests.

Borland, J. (2003) “Spanish site offers music-file fiesta,� retrieved August 11, 2004, from http://news.com.com/Spanish+site+offers+music-file+fiesta/2100-1027_3-1007920.html?tag=nl

Much of the controversy surrounding the music file sharing debate is derived from the premise that consumers won’t pay for music if they can get it for free. Borland’s article covers the emergence of a company called Puretunes. Spokesperson for the company, Wayne Rosso, explains what Puretunes is trying to achieve in saying, “We want to put the idea in kids' heads that it's such a good deal, they might as well get the music legally.� The article is a clear reflection of the direction that the industry needs to take in order to maintain control over the distribution of music. Also covered are the teething problems similar companies have had in attempting to create “legal� music sharing programs. The Apple’s iTunes system of music downloads requires the user to pay a small fee for each file downloaded. By comparison Puretunes will require its users to pay for the period of time that they wish to download, much like the way a subscription works. Puretune’s predecessor, a company called WebListen.com, also had issues in being a successful alternative to illegal downloading because it failed to secure the rights of some major record companies. Such interest and investment into this sector of the music industry (with similar music subscription companies going for as much as 39.5 million dollars) indicates how popular the digital form of music is becoming.

CBC News Indepth (2004) “Downloading music,� retrieved August 11, 2004, from http://www.cbc.ca/news/background/internet/downloading_music.html

An historical court ruling covered in this article may forever change the legal implications of peer-to-peer music sharing; at least in Canada anyway. The Canadian Recording Industry Association (CRIA) attempted to sue internet service providers (ISP’s) for allowing copyright protected material to be distributed. It was decided that ISP’s “are not responsible for paying royalties on music downloaded by users� and that they didn’t have reveal the identities of music sharers who were accused of allegedly making available hundreds of illegal songs on the internet. This ruling shows the alternative views that legal proceedings can potentially take in comparison to America’s mass subpoenaing of suspected music file sharers. Interestingly enough evidence in the form of university studies were provided that proved music downloading was responsible for declining sales of CD’s as well as studies that proved that music downloading doesn’t affect music sales.

Fisher, W. (2004, June 25) “Don’t Beat Them, Join Them,� New York Times, retrieved August 11, 2004, from http://proquest.umi.com/pqdweb?RQT=309&VInst=PROD&VName=PQD&VType=PQD&Fmt=3&did=000000655190511&clientId=14394

The American legal proceedings with regard to the peer-to-peer music file-sharing situation have been well documented. This article explores the history of copyright protection of various other mediums and the challenges some sectors have had to endure from the advancements in technologies. It covers the copyright issues from early radio in the 1920’s through to film and television in the 1970’s and finally music streaming over the internet in the 1990’s. The article concludes that denying the public access to new emerging technologies because of the record industry’s need for a big enough slice of the profits would be tragic, however, at least in this instance there is some effort being made to embrace the technology. Fisher argues though that it would be more beneficial for all parties concerned “if it approached this new challenge with more open minds.�

Frost, L. (2004) “French Internet Companies Join Piracy Crackdown,� MIT: Technology Review, retrieved July 31, 2004, from http://www.technologyreview.com/articles/04/07/ap_2072804.asp?trk=top

As pointed out in this article, rulings that go in favour of the record industry often require the cooperation of internet companies to “crackdown� on music piracy. Frost reports that in France, internet service providers (ISP’s) have “agreed to use ‘termination or suspension clauses’ to cancel subscriptions of pirates caught in the act.� ISP’s are taking this action in the hope that expensive and drawn out lawsuits against users, like those in America, can be avoided. This “government-backed charter� is also designed to encourage the use of legitimate music download sites in order to correctly distribute royalties to the owners of the music. Finally, the possibility of ISP’s installing filters to restrict accessibility to peer-to-peer technology was also raised.

Mcleod, K. (2004, June 25) “Share The Music� New York Times retrieved August 11 from, http://proquest.umi.com/pqdweb?RQT=309&VInst=PROD&VName=PQD&VType=PQD&Fmt=3&did=000000655190521&clientId=14394

Despite the Record Industry Association of America (RIAA) serving lawsuits to as many as 3000 Americans there has been little evidence to show that internet music piracy has slowed. This article attempts to detail an association with music file sharing and an increase in CD sales. Mcleod takes the angle that file-sharing technology is actually promoting music rather than hindering

Oberholzer and Strumpf (2004) “The Effect of File Sharing on Record Sales: An Empirical Analysis,� Case study, Harvard Business School retrieved August 11, 2004 from http://www.cbc.ca/news/background/internet/downloading_music.html

Despite being an extremely thorough investigation about the effects of internet file sharing on the record industry, the study is willing to concede that there is no clear correlation between the number of files downloaded and the number of records sold in America. Essentially the study concludes that “Downloads have an effect on sales which is statistically indistinguishable from zero, despite rather precise estimates.� This conclusion is reached from several different approaches to gathering information and from several differing points of view. The study uses already existing information documented by previously conducted studies and adds to that with its own research methods. Where previous studies have used statistical information derived from surveys Oberholzer and Strumpf attempt to use the observations of record sales in America compared to files downloaded within the same period of time. The collection of this data is covered in great detail. It also provides the points of view that while it is possible that “Participants could substitute downloads for legal purchases,� at the same time “file sharing allows users to learn more about the music they would not otherwise be exposed to.�

Quantum Market Research (2003) “Understanding CD Burning and Internet File Sharing and It’s Impact on the Music Industry,� retrieved August 11, 2004, from http://www.aria.com.au/pages/CurrentIssueInternetMusicFileSharingCDBurning.htm

This research paper was prepared for the Australian Record Industry Association (ARIA) to provide solid evidence of the impact that CD burning and internet file sharing has on the music industry. Accompanied with the web page the research findings almost act as a justification for the legal actions taken by ARIA over popular peer-to-peer software producers, Kazaa. Assuming the legitimacy and accuracy of the findings, the research provides very persuasive evidence that leading up to 2003 the increased popularity of CD burning and music file sharing also lead to the decrease in sales of CD’s. However it fails to address the fact that an increase in CD sales was observed in 2004 despite music piracy being as popular as ever. (http://www.aria.com.au/pages/statistics.htm) Furthermore the evidence that was collected in this instance was based on surveys conducted by Quantum Market Research and therefore is subject to bias.

Wade, J. (2004) “The Music Industry’s War on Piracy� Risk Management Vol. 51, Iss. 2, retrieved 11 August, 2004, from http://proquest.umi.com/pqdweb?RQT=309&VInst=PROD&VName=PQD&VType=PQD&Fmt=3&did=000000536101391&clientId=14394

Wade’s article briefly describes the rise and fall nature of several peer-to-peer systems in the last five years. The article continues on to describe popularity of music piracy through peer-to-peer software and even goes as far as to say that this technology is the main reason for a decline in legitimate CD sales. The enormity of the situation is put into perspective by the statistic that “the sale of blank CD-Rs was more than double that of prerecorded albums.� The majority of the article outlines some of the steps that have been taken in the American legal system to stop the flow of illegal copies of music being distributed and describe the successes that these actions have had. Unfortunately the article fails to mention whether or not filing lawsuits against defendants as young as twelve years old has resulted in a turnaround in sales figures. After all, is going after people who probably could never have paid for the music really going to restore lost profits? There is no mention of record industries seeking out whom or what is really responsible for their decline in revenue.

Marcial Christians 18:15, 12 Aug 2004 (EST)