Pete Capra 14:17, 12 Aug 2004 (EST)
mailto:pete.capra@capraryan.com.au
Assignment 3: Napster, Gnutella, Morpheus, BearShare, Kazaa
Effects of Peer-to-Peer music sharing on musicians and the music industry
Alderman, J. (2001) Sonic Boom: Napster, MP3 and the New Pioneers of Music, Colorado: Perseus Publishing, ISBN 0738204056
Sonic Boom, by John Alderman, is a comprehensive account of the rise and fall of Napster, the Peer-to-Peer (P2P) phenomenon that swept the Internet at the turn of the century. It recounts the effect that Napster and similar P2P programs had on the music industry, its artists and the digital music revolution. Alderman also takes an in-depth look at the events that followed the fall of Napster and how artists such as Beastie Boys and Public enemy began to distribute their music to fans via MP3 downloads without licensing agreements or support from their record companies, and how this rebellion affected other players in the industry. Alderman makes a strong argument that RIAA and other industry leaders should have focused their efforts into developing a secure virtual marketplace for buying digital music rather than suing copyright infringement offenders.
Bricklin (2003) “The Recording Industry is trying to kill the Goose that lays the Golden Egg�, retrieved August 10, 2004, from http://www.bricklin.com/recordsales.htm
This extensive report is an in-depth analysis of RIAA sales figures and trends which attempts to discover what has caused the decrease in music CD sales. The author, Dan Bricklin, has collected a vast amount of data from RIAA reports and matched this against the increased usage of burners to prove his point that music sharing is having a positive effect on the music industry. Bricklin states only a minute percentage of the music consumers community download music files and burn them without purchasing the CD album. Through analysis of sales figures and surveys, Bricklin discovers that file sharing allows music to be heard by new users, who in turn go out and buy the CD.
Burnett, R., and Marshall P. D. (2003) Web Theory, New York: Routledge, ISBN 041523834X
In Web Theory, Marshall and Burnett give an introduction to the World Wide Web and its associated issues. Through various internet readings, they take a look at the short and long term effects the web has had on the world. In particular in chapter 9, Web of Entertainment, Marshall and Burnett discuss how the introduction of digital technology has affected the music industry and the artists within the industry. They highlight the importance of the evolution of digital technology whilst still protecting the artist’s intellectual property.
Campbell, T. (2004, May 11) “Survey shows most musicians oppose RIAA lawsuits�, The Daily: University of Washington, retrieved August 9, 2004 from http://thedaily.washington.edu/search_results_adv.lasso?-database=DailyWebSQL&-table=Articles&-response=searchpage.lasso&-keyField=__Record_ID__&-keyValue=9470&-search
This article reports on a survey conducted by the Pew Internet Project, a division of the Pew Research Center. The survey was responded to by 2,755 musicians and song writers over the internet with questions relating to RIAA’s lawsuits, copyright and file sharing. Campbell explains how the study produced results that indicate that most musicians and songwriters believe that they will not benefit from RIAA’s lawsuits and that only a small minority believe that file sharing has hurt their careers. The article also states that the survey found that most musicians have tried to use file sharing to their advantage by providing samples of their music online.
Dean, K. (2003, October 1) “Rappers in Disharmony on P2P�, Wired News, retrieved August 10, 2004, from http://www.wired.com/news/mp3/0,1285,60650,00.html
This online article reports on a debate conducted in the American Senate in September, 2003. Two musicians, LL Cool J and Chuck D from Public Enemy, with differing views on file sharing were invited to the U.S. Senate Committee on Governmental Affairs to speak about the effects of peer-to-peer file sharing on the music industry. The article states that LL Cool J made his viewpoint clear; he is vehemently opposed to sharing of music across the internet because it’s the artists that lose out in the end. Chuck D however, the article explains, treats file-sharing as an opportunity to distribute his band’s music to new markets. The report includes a quote from Chuck D which sums up his opinion – “The record industry is hypocritical and the domination has to be shared; P2P to me means power to the people�.
Forrester Research (2002) “Downloads Did Not Cause The Music Slump, But They Can Cure It�, retrieved August 10, 2004, from http://www.forrester.com/ER/Press/Release/0,1769,741,FF.html
An interesting press release from Forrester Research, this article states that according to research conducted by Forrester Research, music downloads are not responsible for the decline in music sales, but they could be the solution to increasing sales. The article explains that surveys have indicated that the increased popularity of video games and DVD as well as economic recession are more likely to be the cause of the sales slump than music downloads. The press release includes an extract from the Music Bill of Rights which states the consumers have the right to find music from any recording company, as well as the right to control their music. Forrester Research believe that by 2005 recording labels will support a download contract which allows users to burn music and use it on other devices such as MP3 players, and by 2007 digital music subscription and downloads will generate over $2 billion.
McGuire, D. (2004, Mar 29) “Study: File Sharing No Threat to Music Sales�, Washington Post, retrieved August 9, 2004, from http://www.washingtonpost.com/ac2/wp-dyn/A34300-2004Mar29?language=printer
This is an article from the Washington Post reporting on the file sharing study conducted by North Carolina and Harvard Universities. McGuire summarises the findings of the study, stating that the recent slump in music sales is not negatively affected by internet music piracy. The study tracked sales of 680 albums over 17 weeks and matched the data with music downloads from the OpenNap file-sharing network and apparently found that for every 150 downloads of a song from an album, that album’s sales increase by one copy. The article goes on to explain that these findings contradict the research of RIAA (Recording Industry Association of America) who claims that internet piracy is the main cause for the slump in music sales.
Moby Online (2003) “Moby Tour Diary: File Sharing� retrieved August 11, 2004, from http://www.moby-online.com/cms/viewdiary.asp?Diary_ID=1421&ViewType=Current
This is an informal journal entry from the tour diary of leading dance and techno artist, Moby. Moby clearly states that he is not supportive of RIAA lawsuits and that music lovers should not be punished for listening to music, even if it was downloaded illegally. He states that is flattered that people “make an attempt to listen to my music, regardless of the medium in which it is delivered�. Moby also controversially states that is very glad the Napster and other P2P networks existed because of the new audiences that his music reached. He goes on to say that the solution to solving the crisis of illegal music sharing lies in the implementation of a central, regulated place when music can be downloaded legally, but also that all people within the industry, including the consumers need to reach a compromise.
Rainsford, M. (2003, October 6) “A Musician’s Take on File Sharing, DRM, and Copyleft Licensing� OpenP2P.Com, retrieved August 9, 2004, from http://www.openp2p.com/pub/a/p2p/2003/06/10/musician_pov.html
Miriam Rainsford, an artist struggling in the music industry, provides an interesting perspective on RIAA, file sharing, Digital Rights Management and Copyleft Licensing. Her somewhat controversial article states that RIAA is not operating in the best interests of the artists, but instead is focussing on “multi-million dollar lawsuits against students running private, non-profit file sharing networks�. Rainsford acknowledges that a conclusive report on the effects of P2P on the music industry is difficult to find, but she believes that the Digital Revolution must be embraced and supported by the industry. Rainsford also takes a look at Digital Rights Management and it’s potential effects on the music industry, and suggests alternatives such as Copyleft licensing and mediAgora.
Recording Industry Association of America (2003) “Quotes from the Artists�, retrieved August 11, 2004, from http://www.riaa.com/about/artists/quotes.asp
The Recording Industry Association of America has filed a large number of lawsuits against illegal music downloaders, as well as pioneer P2P network Napster, and as a result has suffered a lot of criticism from consumers and other figures in the music industry. To further support their strong viewpoint, the RIAA compiled a list of quotes regarding P2P file sharing, specifically Napster, from musicians, managers and other industry leaders. The page includes some of the biggest names in the industry such as Lars Ulrich from Metallica, Elton John, spokespeople for Red Hot Chili Peppers, Shaggy and Eminem. It is noteworthy that RIAA did not include any single statement or quote from an artist or industry figure that was supportive of what Napster had achieved in terms of reaching new audiences and promoting independent artists.
Von Lohmann, F. (2003, May 14) “New music rules needed�, Daily Princetonian, retrieved August 10, 2004, from http://www.dailyprincetonian.com/archives/2003/04/14/opinion/7930.shtml
Fred von Lohmann, Senior Staff Attorney of Electronic Frontier Foundation, writes as guest columnist an interesting article on the solution to P2P and copyright infringements. Lohmann states that suing college students and demanding that ISPs disconnect music sharers is ridiculous and that the artists affected would not see any of the money. He acknowledges that is there is a problem, but it is not P2P networks – it is the fact the artists are not getting paid for their music. Lohmann suggests a seemingly simple solution; money has to be collected from internet users and then it must be divided amongst the artists. An appropriate and fair way has to collect and distribute the money must be agreed upon, but once this is done the problem will be resolved. Lohmann also suggests alternatives similar to the way that artists pay other artists when reproducing their work.
Word Count: 1,629
Pete Capra 14:17, 12 Aug 2004 (EST)
