Preview

Copyright Laws, Napster and Personal Ethics

Powerful Essays
Open Document
Open Document
1784 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Copyright Laws, Napster and Personal Ethics
Copyright Laws, Napster and Personal Ethics

Abstract: The current lawsuits against Napster have brought out new ethical issues surrounding the exchange of MP3s and copyrighted material on the Internet. This paper discusses the ethical case against those who participate in MP3 trading services such as Napster and suggests ethical alternatives to these services.

The free exchange of CD-quality music in the form of MP3s has created quite a stir in the media in the past few years and has forced the public to take a hard look at the laws governing electronic data. After the invention of MP3 files and the creation of free distribution channels such as Napster, individual users of the Internet gained incredible power in interpreting copyright laws. In the midst of the lawsuits and the controversy surrounding Napster and digital copyright laws, the Internet user must determine how to ethically decide on the use of MP3s.

Of all controversies surrounding digital copyright laws on the Internet, the Napster lawsuit has received the most media attention because of its wide popularity and revolutionary approach to file sharing. The Recording Industry Association of America (RIAA) is suing this Internet service for "lost revenue" from songs Napster users downloaded for free using its services. As the RIAA represents major record labels such as Warner Brothers, this lawsuit represents the first major copyright litigation brought against an Internet service. In addition, this lawsuit has many implications for other laws governing the Internet, not just those pertaining to copyright infringement. This case is forcing America and other countries to think about the laws that govern the relationship between companies that provide Internet services and ones that provide Internet content.

On the legal side, section 512(a) of the Digital Millennium Copyright Act of 1998 says, in essence, that those who provide Internet services are not held accountable for the content that



Bibliography: 1. Associated Press, Recording industry and online music services battle over copyright laws. 16 May 2000. http://www.cnn.com/2000/LAW/05/16/mp3.napster.suit/. 2. Fisher, Dennis. Napster has some catching up to do. 17 November 2000. eWeek, http://www.zdnet.co.uk/news/2000/45/ns-19158.html. 3. Charny, Ben. BMG and Napster Tie the Knot. 31 October 2000. Zdnet, http://www.zdnet.com/zdnn/stories/news/0,4586,2647781,00.html. 4. Chidi, George A. Napster Users Also Big CD Buyers. 21 July 2000. IDG News, http://www.pcworld.com/news/article.asp?aid=17771. 5. Borland, John. Study finds Napster Use May Cut into Record Sales. CNET News, http://news.cnet.com/news/0-1005-200-1945948.html. 6. King, Brad. Despite Piracy, CD Sales Up. 24 April 2000. Wired News, http://www.wired.com/news/business/0,1367,35848,00.html 7. Associated Press, Gov 't Says Napster Violates the Law. Wired News, 8 September 2000. http://www.wired.com/news/print/0%2C1294%2C38693%2C00.html

You May Also Find These Documents Helpful

  • Good Essays

    Chap 16 Govt 2302

    • 1525 Words
    • 7 Pages

    8. The rise of Napster in the 1990s and other music exchange services demonstrates 1. that new technologies have made it more difficult for the government to protect property.…

    • 1525 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    Napster introduced a revolutionary change to the way music was distributed conventionally. Music companies worked with the artists to produce music. Thereafter they invested heavily into burning the music CD’s, marketing and advertising of the music and managing the distribution of the music to end customers via retailers. Retailers incurred staffing and real estate and costs. In contrast to this, Napster was able to bring together over 60 Million users who would share their collection of music to the remainder of the user base. In doing so, the reach and range of music distribution was significantly raised. Strong Community Feeling, word of mouth effect and High customer awareness led to low cost of marketing for Napster.…

    • 1775 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Wk1 Dq 1

    • 729 Words
    • 3 Pages

    What are some of the ethical challenges surrounding the movie and music industries as they relate to the Internet?…

    • 729 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Case Study 1

    • 516 Words
    • 2 Pages

    One kind of innovation is providing new ‘e-tailing’ channels through which you can obtain the latest CD of your preference. These innovations increase the choice and tailoring of the music purchasing service and demonstrate some of the ‘richness/reach’ economic shifts of the new Internet game. Also At the heart of the change is the potential for creating, storing and distributing music in digital format – a problem which many researchers have worked on for some time. One solution, developed by one of the Fraunhofer Institutes in Germany, is a standard based on the Motion Picture Experts Group (MPEG) level 3 protocol – MP3. MP3 offers a powerful algorithm for managing one of the big problems in transmitting music files – that of compression. (Tidd 46-47) This is achieved by cutting out those frequencies which the human ear cannot detect.…

    • 516 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    With the proliferation of 3-D Printers and the availability of copyrighted materials posted online, there is an additional facet to the current debate surrounding copyright and ownership of intellectual property. Piracy of digital media such as music and videos has been a long-standing issue since the 1990’s with Napster and similar peer-to-peer file sharing programs.…

    • 4860 Words
    • 14 Pages
    Powerful Essays
  • Better Essays

    In an article found in Just do IP (Issue 42, August 25, 2000) Talal Shamoon states, "People are copying music because they feel somewhat disenfranchised with the options they have at their disposal in the digital space. It's up to the content industry to create value in the digital arena and they've made phenomenal steps in that direction." District Judge Marilyn Hall Patel ruled in favor of the Recording Industry Association of America (http://www.riaa.com/) (RIAA) regarding the Napster copyright case, based on the size of the violation that was taking place. Judge Patel directed Napster to stop its song-swap activities. An online survey reported that sixteen percent of the people surveyed supported the claim that Napster was in violation of regulations and should be shut down. Fifty seven percent believed it was unrealistic to try to control the free exchange of music. Sixty percent of Napster users said that they would not be stop downloading music even if it were determined to be illegal. Eighty tree…

    • 1794 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    The music recording industry is in trouble. For several years now, sales of new and popular music have steadily declined and show no sign of changing. The record companies are quick to blame the growing popularity of the Internet; music is being traded in a digital form online, often anonymously, with the use of file-sharing programs such as Morpheus, KaZaA, and Imesh, to name a few. The RIAA (Recording Industry Association of America) succeeded in disbanding the pioneer Internet file-sharing program, Napster, but is facing confrontation with similar programs that are escaping American copyright laws. While there is an obvious connection between declining popular music sales and increasing file sharing, there is more going on than the RIAA wants to admit. I will show that the recording companies are overpricing their products, and not sufficiently using the Internet as an opportunity to market and sell their products. I shall begin by describing in greater detail the problem that the recording companies are facing, as well as the growing epidemic of online music trading. From there, I will show the correlation between the two and describe the other factors affecting record sales, and how these trends could be turned around to help the industry.…

    • 5602 Words
    • 23 Pages
    Powerful Essays
  • Best Essays

    McCourt, T. a. (2003). When creators, corporations and consumers collide: Napster and the development of online music distribution. Media, Culture & Society , 333-350.…

    • 3340 Words
    • 14 Pages
    Best Essays
  • Better Essays

    The ethical dilemma of computer downloads, namely music downloads, has been under great scrutiny in the last few years. Napster, if any one symbolizes the new technology, was the front runner in developing the new digital trading. The ethical issues seem to revolve around the all mighty dollar. Some particular musicians, namely Lars Ulrich from Metallica and Dr. Dre (rap star), have had some serious issues with Napster. Their claims have merit, but so do the claims of the creator and users of Napster.…

    • 1460 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Napster vs. Music

    • 771 Words
    • 4 Pages

    Napster is an online trading program that allows users to look into another persons hard-drive in order to trade music. "Napster and similar software provides users with a method of searching thousands of other users computers to share thousands of high quality music, music that is stored in the compressed .mp3 format."(Internet). Music of the popular artist is traded through the Internet at no cost. In other words instead of having to pay market price for music users of Napster receive the music for free. Napster has caused major controversy throughout the music industry. " The recording Industry association of America is suing Napster, claiming it allows users to make illegal copies of the copyrighted songs. It is seeking an injunction against the service and damages for lost revenue from thousands of songs it says were pirated through tapsters program (Internet). So one must look at the question, are programs like Napster illegal or does the program actually have some validity.…

    • 771 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Napster

    • 1224 Words
    • 5 Pages

    A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (2001) was a landmark intellectual property case in which the United States Court of Appeals for the Ninth Circuit affirmed the ruling of the United States District Court for the Northern District of California, holding that defendant, peer-to-peer (P2P) file-sharing service Napster, could be held liable for contributory…

    • 1224 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Illegally downloading music of the internet for free is a huge controversy in this day and age. Many people fight that the music was bought at one time so they are not hurting anyone. Companies and musicians on the other hand, have a different view about downloading this music for free. They argue that have made this music and people are downloading it off the internet instead of buying it from a store. Sales in the music industry have gone down as a result, a twenty percent loss globally since 1999. The music industry is suffering greatly from people downloading music off the internet, so are the musicians who make their living from selling their music, and if you do download music do you know what the consequences are when you get caught?…

    • 692 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Music Piracy

    • 2845 Words
    • 12 Pages

    In the 21st century, many changes have been made to digital media. One such media that has experienced an extreme change is music. It is no longer just a type of media that is made by singers and bought by consumers, but it is now part of the “dark, scary” side of the Internet. There are even journal article authors who have written about music piracy. “Music is the most widely pirated media in the world today. From singles to albums to recording demos, music of all genres is ripped and released into the music piracy scene” (Craig, Honick, and Burnett 174). These authors illustrate how big music piracy has become. Currently, in the world of music industries, music piracy is taking over the “money business” and leaving musicians financially unstable; this instability is the reason for convincing music pirates to stop downloading music, illegally, off the Internet by coming up with different solutions to the issue of piracy. The solutions consist of finding other websites where music downloading can be done at a reasonable price, taking legal action if necessary, and coming up with hi-tech development that could stop pirates from downloading.…

    • 2845 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    Napster Case

    • 4580 Words
    • 19 Pages

    Our research objectives include the analysis of the controversy surrounding Napster 's business, the ethical background of the case, and the ways by which Napster was accused of being unethical on carrying out its business activities. Our project aims to discuss the ethics in dealing with intellectual property on the net, and how file sharing/music sharing in the Internet has brought forward a new ethical dilemma for this matter. The project report will also look into how Napster tried to defend itself against the accusations, and how this case have affected the legal and ethical environment of file/music sharing in the Post-Napster Era. We look forward to inform the reader about…

    • 4580 Words
    • 19 Pages
    Powerful Essays
  • Better Essays

    The Internet is an extremely useful resource. Using it, one can obtain information on nearly any topic. A relatively new item of Internet technology for sharing music has emerged and brought with it, countless legal debates: Napster. Napster allows people to share music files, discover new artists, and become part of the online-music community. Although Napster 's opponents argue that sharing music files is immoral and should cease immediately, the positive elements that Napster brings to the Internet overshadow any regret for its use.…

    • 2096 Words
    • 9 Pages
    Better Essays