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- Pirates loot the film and music giants'
coffers
Doward, Jamie
Observer; 8 Feb 2004, pp.16-17
It is now apparent that an increasing number of pirated movies
are perfect copies, raising fears that a network of industry
insiders, from awards judges to distributors, are becoming
bootleggers. This would explain why many films are now available
on the black market weeks, sometimes months, before their
release dates. The growing role of organised crime in media
piracy has set alarm bells ringing among the intelligence
agencies. There are links between media piracy, trafficking
in weapons and people, and pornography.
- Why the suits are calling the tune
Ayres, Chris
Times; 26 Jan 2004, Section 2 pp.4-5
914 individual Americans are being sued for millions of dollars
by the Recording Industry Association of America for breaking
copyright laws by downloading music from the Internet - with
the latest batch of 532 lawsuits filed last Wednesday. So
far, no one in Britain has been sued; the record companies,
however, have made it clear that illegal music downloaders
on this side of the Atlantic could be next. (Quotes from original
text)
- Is this man the unacceptable face of
the music business?
Atton, Chris; Bulkley, Kate; Sexton, Paul; Terazono, Emiko
Financial Times; 4 Nov 2003, Creative business pp.8-9
Kazaa's Alan Morris defends his product against charges that
it encourages illegal downloading. Sexton interviews Morris,
while Atton, Terazono and Bulkley report that he is not alone
in challenging the accepted view of copyright. (Original abstract
- amended)
- At war with copyright
Quint, Barbara
Information Today; 20 (9) Oct 2003, pp.7
Discusses copyright in the infotainment field. Warns that
consumers and their information professional representatives
need to keep a constant watch to see which new alterations
in the law might extend the power of vendors over their markets.
If people do not pay attention, copyright law developments
and new forms of intellectual property "protections" may slip
by without much consumer input. Reports on the Recording Industry
Association of America's (RIAA) launch of an attack on consumers
with lawsuits designed to instil fear in file-swapping users.
The Electronic Frontier Foundation (EFF) has started countersuits
against RIAA, and techies have launched alternative services
that employ techniques designed to make users' identities
impenetrable. Notes a shrinkage in the public domain following
the Sonny Bono Act, which extendedthe duration of copyrights.
- The day the music died?
Kaser, Dick
Information Today; 20 (9) Oct 2003, pp.16
Reports that in September 2003 the Recording Industry Association
of America (RIAA) filed copyright-infringement suits against
261 individuals for allegedly "illegally distributing substantial
amounts (averaging more than 1,000 copyrighted music files
each) of copyrighted music on peer-to-peer networks". One
of the accused was a 12-year-old girl. The RIAA claims that,
since it announced its intent to go after individual file-sharers,
its surveys show that "the public understanding that song-sharing
on peer-to-peer networks is illegal" has risen from 37%in
Jun to 61% in Aug.
- Striking back
France, Mike; Grover, Ronald
Business Week; 29 Sep 2003, pp.85-86
Looks at how the U.S. music industry plotted its crusade
against Web pirates. From a purely logistical standpoint,
this antipiracy Campaign is the most complex and controversial
one in history. According to Cary Sherman, president of the
Recording Industry Association of America, nothing about this
campaign was improvised; all the details were thought through
long before the first lawsuit was filed. Music companies are
the first to wage a wide-scale attack against people who steal
digital property over the Net, and therefore, the RIAA's legal
war is being closely scrutinized by everyone from artists
to civil libertarians,not to mention managers in industries
facing similar threats.
- The recording industry faces the music
as online distribution Becomes more popular
Thomas, Daniel
Computer Weekly; 8 Jul 2003, pp.18
After years trying to stifle the growth of online music downloading,
the major record labels appear to have finally acknowledged
the distribution potential of the Internet. The success of
Apple Computer's online iTunes Music Store, which sold over
5 million tracks in just 8 weeks after it launched in April,
has persuaded firms like Warner and EMI that the Internet
can drive rather than harm CD sales. EMI has revealed ambitious
plans to offer more than 140,000 of its tracks online to European
consumers. More than 20 online retailers, including HMV, Freeserve
and MSN, have signed up to the scheme, which will enable customers
to burn tracks onto CD-ROMS, copy tracks onto portable players
and buy singles before they are released in stores. However,
the emergence of legal downloading services has a number of
implications for IT directors in the music industry, including:
ensuring websites can accept micropayment services allowing
customers to spend between 5p and 5 online; implementing a
tracking system such as the Global Release Identifier that
allows publishers to ensure artists are compensated; and add
Digital Rights Management software on tracks so music cannot
be passed freely to third parties. (Quotes from original text)
- Big brother invades the campus and workplace:
infotainment and the copyright cops
Ebbinghouse, C
Searcher; 11 (5) May 2003, p.18-23
Reviews the current state of the ongoing struggle between
the recording industry and those wishing to gain access to
music and entertainment on the Internet. Focuses on the activities
of the Recording Industry Association of America, the Motion
Picture Association of America (MPAA), the National Music
Publisher's Association (NMPA) and the Songwriters Guild of
America (SGA) in joining forces to bring pressure to bear
on academia, particularly the colleges and universities to
seek out and remove questionable files from their computers.
It is hoped that this current action sparks off further debate
concerning the issues of individual freedom, personal responsibility,
privacy, security and acceptable use.
- Enforcement of DMCA criminal penalties
suffers setback
Gasaway, L
Information Outlook; 7 (3) Mar 2003, p.22-3
Discusses 2 cases concerning the Digital Millennium Copyright
Act (DMCA) which did not result in prosecution. Section 1201
of this Act is known as the anti-circumvention provision,
and it includes criminal as well as civil penalties. The 1st
test of these criminal penalties was U.S. v. ElcomSoft. A
Russian company was charged with creating software that could
remove the use restrictions contained in Adobe Acrobat PDF
files and files formatted for the Adobe ebook reader, and
selling the software over the Internet. In a similar case,
the USA pressured Norway to file criminal charges against
a 19 year old creator of DVD encryption software, developed
when he was only 15. Because Norway does not have anti-circumvention
legislation, he was tried under criminal digital piracy laws.
- A real song and dance
Brass, M
Information World Review; (183) Sep 2002, p.18, 21
The Internet and the availability of the MP3 file compression
format, that has facilitated the downloading and swapping
of digital music, has faced the music industry with a serious
challenge to its traditional approach to selling and licensing
music in a form that split the rights on a geographical and
artist basis. The legal backlash brought about by the music
industry, particularly the lawsuit against Napster, was used
as a framework for a discussion of likely future ways for
the industry to ensure its continuing profitability and survival,
especially in the ways that copyright might be enforced and
protected.
- Digital downloads, access codes, and
US copyright law
Landau, M
International Review of Law, Computers and Technology; 16
(2) Jul 2002, p.149-70
Article included in a special issue devoted to the theme:
Intellectual property. There has been much controversy and
litigation, regarding the legal status of unloading and downloading
music and video files via MP3.com, Napster and other file-sharing
services or software. In addition, there is a great deal of
uncertainty regarding the difference between decryption of
copy code for purposes of 'access' and purposes of 'copying'.
In recent cases in the USA, courts have: found MP3.com liable
for infringement; found Napster liable for infringement; and
held that the posting of DeCSS, software to defeat the copy
code used on DVD videos, was an infringement. Addresses the
legal issues related to MP3.com, Napster, and DeCSS by discussing
the Digital Millennium Copyright Act, the Audio Home Recording
Act and the 'fair use' doctrine. In doing so, it examines
arguments presented by various sides and presents the author's
views on the scope and interpretation of the various statutes.
In addition, it explores whether traditional concepts of 'rights'
and liability should apply and whether expanded use of compulsory
licences, blanket licences, and/or subscription models of
distribution are fitting in the electronic age. Finally, the
question of whether a contract model of distribution for content
is at odds with the guiding principles of copyright law is
analyzed. (Original abstract)
- The music wars
Conhaim, W W
Link-Up (USA); 19 (2) Mar/Apr 2002, p.3, 8-9
The listening to, and downloading of, music is becoming one
of the most popular applications of the Internet, with 38
per cent of the US users regularly listening to music from
the World Wide Web. According to market research conducted
by Edison Media Research, some of these music downloaders,
who comprise Americans aged 16 to 49, have been downloading
music for years from the Web, have not bought a music CD-ROM
or cassette in the past year; a finding which the music industry
finds disturbing. The radical change in the US music industry
that the Internet may be triggering is considered with particular
reference to Napster, MP3.com, peer-to-peer music exchange
and the recent court cases involving copyright issues. Concludes
with a review of fee based music services on the Web.
- Technological and social drivers of
change in the online music industry
Fox, M
First Monday; 7 (2) Feb 2002, No page numbers
The full text of this electronic journal article can be found
at [URL:http://www.firstmonday.dk/issues/issue7_2/fox/]. Considerable
attention has been given to the legal implications arising
from the distribution of music in a digital format via the
Internet. However, less attention has been paid to the technological
and social drivers of change in the music industry. Demonstrate
the significant impact that social and technological forces
have on the music industry, especially regarding lowering
barriers to entry. (Original abstract)
- Music in the age of free distribution:
MP3 and society
Kasaras, K
First Monday; 7 (1) Jan 2002, No page numbers
The full text of this electronic journal article can be found
at [URL:http://www.firstmonday.dk/issues/issue7_1/kasaras/].
Presents and critically discusses the phenomenon of music
piracy on the World Wide Web. The main arguments approach
the phenomenon from two directions. The first one attempts
to present the MP3 phenomenon as a part of the challenges
that the music industry had to face. It is argued that in
the past several technological developments have already challenged
the music industry's status quo in similar ways. The second
direction is attempting to situate the MP3 phenomenon in its
general technological, economical and political framework.
In other words, the MP3 phenomenon should be examined as a
part of the cultural transformation that the Internet 'explosion'
produces on a global scale. (Original abstract)
- Musique et Internet. Music and the Internet
Rettel, G
Bulletin des Bibliotheques de France; 47 (2) 2002, p.45-50
Explains the technical and economic aspects of the dissemination
of music via the Internet and presents a typology and list
of Web sites. Discusses the implications for libraries of
audio technologies in terms of lending and producers' intellectual
property and identifies their position regarding the use of
music resources and the Web.
- Research on intellectual property right
problems of peer-to-peer networks
Dong, Y; Li, M; Chen, M; Zheng, S
Electronic Library; 20 (2) 2002, p.143-50
Article included in a special issue devoted to the theme:
[The impact of computer games]. The Napster case has drawn
enormous attention to digital intellectual property right
problems of online file swapping. These peer-to-peer network
technologies represent a powerful new paradigm for networking.
Attempts to sort out the intellectual property right problems
of peer-to-peer networks, in order to deal with potential
digital piracy to avoid similar litigation. If libraries can
embrace peer-to-peer technologies into their own services,
they will possibly develop new service models, or improve
existing ones. (Original abstract)
- EMI blames scourge of piracy for drop
in music sales
Cope, N
Independent; 20 Nov 2002, p.24
EMI, the worldas third largest music business, has called
on governments to crack down on piracy in order to protect
intellectual copyright, but observers say that piracy is being
used by the music industry to cover up other failings. (Quotes
from original text)
- Ron 'n' roll suicide
Lawton, G
New Scientist; 175 (2350) 6 Jul 2002, p.42-5
When the record industry introduced the CD nearly 20 years
ago the record industry and music sales boomed. Now these
CDs and their digital music have given rise to a serious threat
to its profitability and survival. The idea that people could
swap digital music files over the Internet gave rise to Web
sites such as Napster and this service and its successors
have caused the record industry to feel threatened and to
seek a way of countering the threat. The major record labels
plan to launch a technological and legal battle against file-trading
networks such as KaZaA and Grokster, while at the same time
invading their territory with official websites that give
fans the music they want, but at a price. It is not easy to
see what the eventual outcome will be but it seems possible
that the same mix of technology and legislation that is being
aimed at the pirates could also be turned against more innocuous
infringers, such as people who copy a CD to play in their
car or who make a compilation tape for a friend. (Quotes from
original text)
- Music and the internet: friends or foes?
Mason, R
Economic Review; 19 (3) Feb 2002, p.30-3
Investigates how the ability to download music performances
from the Internet raises some interesting economic issues
about copyright and incentives. (Original abstract)
- Challenging intellectual property law
in the Internet: an overview of the legal implications of the
MP3 technology
Anestopoulou, M
Information and Communications Technology Law; 10 (3) Oct
2001, p.319-37
Article included in a special issue devoted to the theme:
Multidisciplinary perspectives on E-commerce. Attempts to
provide an understanding of the contrast between the fundamental
notion surrounding the Internet that global society should
benefit from access to free flow of information, whilst unauthorized
copying of material normally protected by copyright can be
facilitated. Focuses on the legal implications of the emergence
and widespread use of the MP3 technology for the digital compression
and distribution of audio music files over the Internet. The
analysis explores issues of copyright infringement and unauthorized
reproduction and distribution of copyrighted music over the
Internet as highlighted in two separate cases concerning two
start-up Internet companies, MP3.com and Napster. Additionally,
to the extent that the outcome of the aforementioned cases
are likely to influence the future of copyright protection
in the online environment, addresses the legal implications
of the MP3 technology in relation to the applicability, adequacy
and effectiveness of the existing legal framework to reach
a fair balance between the rights of the users of the Internet
to free access to information and the protection of the rights
of copyright holders, thus providing us with the opportunity
to question the fundamentals of copyright protection in the
electronic environment. (Original abstract)
- Giving away music to make money: independent
musicians on the Internet
Pfahl, M
First Monday; 6 (8) Aug 2001, No page numbers
The full text of this electronic journal article can be found
at [URL:http://www.firstmonday.dk/issues/issue6_8/pfahl/].
No one has felt the impact of music on the Internet more than
the independent musician. The recording industry has dominated
the production and distribution of music for many years. The
big six recording labels are making a push to incorporate
the Internet into their distribution process. Standing in
their way is the issue of security. It seems that music files
on the Internet, no matter how secure they may seem, are susceptible
to tampering. This will force a shift in distribution away
from selling music on the Internet in compact disc or MP3
file form and towards artists creating communities of shared
interest that provide music to their audiences free of charge.
New revenue sources will be created using streaming audio
and video technology in a pay-per-view format, among others.
This will drive the demand to see an artist in concert and
increase the revenue that is generated from live performances.
Addresses the current state of the industry and the battle
between the Internet world and record companies. Relates various
plans for the creation and distribution of music on the Internet
and proposes a comprehensive strategic plan for successful
Internet commerce by independent artists that will be based
on artists giving away all of their music free via the Internet.
(Original abstract)
- Listen up
Fox, B
New Scientist; 169 (2278) 17 Feb 2001, p.34-7
The music industry was desperate to find some way to stem
the flood of commercial recordings being illicitly posted
on the Net, and downloaded for free by anyone with a computer
and a modem. So it came up with the idea of indelibly watermarking
every song it released. But many insiders believe the system
offers little defence against determined pirates and, worse,
it disfigures the music it is designed to protect. So is it
really possible to regulate the music market or is the mighty
recording industry heading for oblivion? (Quotes from original
text)
- The sound of silence
Matthews, G
Personal Computer World. Vol. 24, no. 1, pp. 150-2, 155-7.
Jan. 2001
Earlier this year, Napster took on rock band Metallica and
the music industry - and lost. 'They created a monster', said
US District Judge Marilyn Hall Patel of Napster's founders,
when she came seriously close to closing down the MP3 music
distributor. In the event, she granted it a precarious stay
of execution pending the appeals process. That process is
still going on, but regardless of its outcome, history will
judge that Napster tilted the world of mass entertainment
a little on its axis. The case has also helped to redefine
the meaning of intellectual property in the digital age. When
Shaun Fanning, an 18-year-old made headlines in the US with
his music website, neither he nor anybody else initially realised
just what a furore would ensue. Napster's novelty was that
it enabled music fans worldwide to swap and share music using
the MP3 file format, but most of the music was copyrighted.
Even if Napster is shackled, it is unlikely that downloadable
music will disappear, as there is no shortage of other players
ready to jump into the void - many forearmed with tactics
that will make them almost impossible to beat in the courtroom.
Gnutella is 1 of these, and is designed from the outset to
be lawyer-proof. It has no central server, does not charge
users anything and guarantees anonymity - aiming to create
self-perpetuating networks of users, with no identifiable
hosts for the authorities to locate. The point about Gnutella,
and similar sites such as SonicNet.com, AudioFind.com and
Toadnode.com is that they are, in the main, unprofitable and
aggressively anti-establishment. (Abstract quotes from original
text)
- Peer-to-peer pressure
Economist; 357 (8195) 4 Nov 2000, p.109-10
On 31 October 2000, Napster, the Silicon Valley start-up,
and Bertelsmann, the German media group, announced an alliance,
with the purpose of turning Napster into a secure membership-based
service that pays fees to artists and record labels. The agreement
is a gamble for Bertelsmann and its music division, BMG, the
world's fifth-biggest record label, albeit with limited risk
and a potentially huge upside.
- Cyber-raiders attack
Alexander, G
Sunday Times; 6 Aug 2000, Section 3 p.5
Failure to close websites using Napster software that allows
copying of music and movies has thrown the entertainment industry
into turmoil. (Original abstract)
- 'Mom, I blew up the music industry'
Walsh, N P
Observer; 21 May 2000, Review p.5
Shawn Fanning wrote a free piece of software called Napster.
It creates a directory of the best MP3 music files available
on the Net and creates a link to them. The Napster has transformed
MP3 from a techie pastime to one of the prime social activities
of US college life. This has caused panic in the music industry.
The band Metallica has sued Fanning's Napster Inc for copyright
infringement.
- Little audio dynamite
Adshead, A
Computer Weekly , pp. 49. 6 July 2000
The Motion Pictures Expert Group's MP3 file format has enabled
near-CD quality music to be transmitted over the Internet,
then subsequently downloaded and decoded by a computer or
specialist compact portable player. The technology and availability
of these players has stirred up a hornet's nest with the big
music companies regarding copyright issues.
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