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... Music file sharing over the Internet has moved into the mainstream through the houses of citizens, through businesses, and through the courts.
With its constitutional implications, peer-to-peer (p2p) music file sharing has come to the forefront of the media. ... A vast number of people have been or currently are involved in file sharing, and people that have not been, inevitably know someone who has.
The p2p problem has struck a special chord with college students. ... From the eyes of the music industry and college administrators alike, the general majority of students have not embraced this responsibility as law-abiding adults. ... The problem has taken on characteristics of a disease outbreak, so furious and strong at its inception, not concerned about who it attacks, and now it is being contained using drastic measures. How far will the problem go from here?
In examining this topic, the history and background of file sharing and music on the Internet will be explained. ...
The MPEG-3 (mp3) is the vehicle through which file sharing has survived [10]. The mp3 allows people to store relatively small music files on the hard drives of their computers that have little or no sound deterioration, regardless of the number of times the file has been copied or transferred [10]. ... The file never passed through Napster’s servers, nor does Napster acquire a copy of the file as a result of the download [10]. ... 1999, several music publishers and record companies, represented by the RIAA, filed suit against Napster in the District Court of northern California for contributory and vicarious copyright infringement [10]. This was a major step in the effort by the RIAA to curb illegal file sharing. ... The Napster software was ordered to be shut down, and file sharing was hindered, but not for long.
The copyright law involved in the Napster case basically sums up the copyright law entangled in the current music file sharing situation. ... Individual users fall under direct infringement, where the operators of file sharing networks like Napster fall under vicarious or contributory infringement [14]. ... As one can see, this defense is very limited and is not applicable in most cases of Internet music file sharing, but nonetheless, has been used in an attempt to free infringers from liability [20]. ... Recently the file sharing mechanisms StreamCast Networks and Grokster were taken to court by the RIAA on charges of contributory and vicarious copyright infringement [17]. In a devastating setback for the music industry, Judge Wilson of the Federal District Court for the central district of California freed StreamCast Networks and Grokster of their liability [6]. This victory for the file sharing world came on account of the fact that the decentralized nature of the Grokster and StreamCast Networks systems was such that it is impossible to prevent, a ruling that will likely be held up on appeal [22]. ... In part, these decisions are shaping the current legal situation surrounding Internet music file sharing.
A main source of controversy over music file sharing is its popularity on university campuses. ... He has expressed concern for the situation, recognizing that file sharing on campuses is a problem, but cautioning that technology must not be stifled [11]. Many university administrators, like Spanier, are cracking down on file sharing on university networks [11]. Many different programs have been used to deter students from pirating music over their college’s network. ...
The National Music Publishers’ Association (NMPA) is also taking measures to work with university administrators to try to stop file sharing over college networks [16]. In January 2003, the NMPA sent letters to 2,300 colleges and universities in an effort to educate them about copyright law and the growing file sharing trend [16]. ... Four university students from different schools were all sued for operating illegal file sharing software programs on the university networks [16]. ...
Many measures have been taken to educate the public about file sharing, especially the university community. The American Council on Education published a document outlining the liability that students face when participating in illegal file sharing [14]. Universities across the country are all dealing with the problem on their own terms, but the document from the American Council on Education is providing a framework for what measures need to be met [14]. ... House proposed a bill that would extend the rights of the copyright owner, giving them the ability to deploy technology capable of targeting file sharers to disable their Internet access [12].
Approximate Word count = 3561
Approximate Pages = 14.2
(250 words per page double spaced)
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