In regards to engaging with the legal side of this feature, it has been discussed that we should be looking at P2P online services, and how these services affect the modern artist. So this blog entry will have a detailed look at the history of online piracy, which will lead into a feature about its current relevance.
I'm going to pose a question now, which we will come back to at the end of this blog, and that question simply is.... Would you???
THE BEGINNING....
Napster was initially set up as an independent peer-to-peer (P2P) file sharing internet service by Shawn Fanning, John Fanning, and Sean Parker in 1999. Its technology allowed people to easily share their MP3
files with other participants. Its ease of use led to massive copyright
violations of music and film media, as well as other intellectual
property.
The Recording Industry Association of America (RIAA) served Napster with a lawsuit for copyright infringement in December 1999 for $20billion.
Napster lost the suit in the Ninth Circuit Court, and settled in 2001
to pay $26million to music creators, and a $10million toward future licensing
royalties.
CASE FINDINGS - A&M RECORDS, Inc. v. NAPSTER, INC.,
239 F.3d 1004 (9th Cir. 2001)
Although the original service was shut down by court order, the Napster
brand survived after the company's assets were liquidated and purchased
by other companies through bankruptcy proceedings
Napster logo |
THE ONLINE FILE SHARING BOOM
"We thank you for your interest in Kazaa. However we no longer offer a music service"
From 2002 through 2003, a number of BitTorrent services were established, including Suprnova.org, isoHunt, TorrentSpy, and The Pirate Bay.
In 2002, the RIAA was filing lawsuits against Kazaa users. As a result
of such lawsuits, many universities added file sharing regulations in
their school administrative codes (though some students managed to
circumvent them during after school hours).
In
2006, police raids took down the Razorback2 eDonkey server and temporarily took down The Pirate Bay.
In 2009, the Pirate Bay trial ended in a guilty verdict for the primary founders of the tracker. The
decision was appealed, leading to a second guilty verdict in November
2010.
In October 2010, Limewire was forced to shut down following a
court order in Arista Records LLC v. Lime Group LLC but the gnutella network remains active through open source clients like Frostwire and gtk-gnutella. Furthermore, multi-protocol file sharing software such as MLDonkey and Shareaza
adapted in order to support all the major file sharing protocols, so
users no longer had to install and configure multiple file sharing
programs.
legal infringement - Limewire |
THE CURRENT CLIMATE
It appears a tough and short life for those wishing to start an online P2P file sharing service. Since Napster founded in 1999 and was shut down in 2001, people have constantly tried to challenge big business by sharing their files online. However in the current climate, copyright laws around the world are becoming tighter to govern what the music industry is calling a problem. There has been a plea from artists around the world to stop piracy, with some high profile celebrities releasing statements and videos to try and 'protect their industry'. Here is Jack Black's plea:
"Don't be a Douche"
The Australian Recoding Industry Association (ARIA) released a myth and fact sheet recently which aims to put into perspective for people just how damaging free music is to the music industry. The fact is that despite the music industries stressing the illegality of file sharing and governments around the world cracking down on copyrighted file sharing, there will always be an industry for P2P online services. Even with the knowledge that their time is short, people constantly spring up sites that allow online file sharing.
Technology is being advanced so rapidly that government and industry control of this issue will never be fully achieved. BUT, is this a bad thing??? What we hope to investigate with the legal site of this feature, is exactly how P2P services affect individuals within the industry. Anonymous interviews with heavy P2P users, as well as contact with emerging artists will help us to better understand exactly what role P2P services should play in the current music environment.
So...would you??? Let's here what Futurama's Bender has to say