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Napster case analysis
Napster legal case study
Napster case analysis
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The sharing of illegal or copyrighted material is against the law. Also known as copyright infringement is the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act. There are three elements that must be in place in order for the infringement to occur. (1)The copyright holder must have a valid copyright, (2).The person who is allegedly infringing must have access to the copyrighted work. And (3).The duplication of the copyrighted work must be outside the exceptions.
Overview of the crime: I used the Napster Case
Napster was an early peer-to-peer file sharing network which could be used for transmitting various files, but which attained massive popularity as a way to share music through .mp3s. Unsurprisingly, major record companies took issue with
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large-scale distribution of their music for free, and sued Napster for direct, contributory, and vicarious infringement of copyright in order to protect their intellectual property. Conductinga seizure of evidence Probable cause Obtain a search warrant Execute search warrant Chain of custody Conducting a search Secure the Scene Secure the Computer as Evidence Restrict access to computers and all other electronic devices Interview people in the home at the time of the search Investigative concerns Hotspot wireless internet connections • It allows individuals to access the internet on a computer or mobile device without wire connections.
This is a concern because hackers can hack into an unsecure network and steal valuable information from individuals or companies without their knowledge. Downloading music from the site opened up thepossibility of identity theft.
Remote storage systems
• With remote storage systems hackers can secretly backup files from computers and can access them later. It creates the possible theft of hackers sending virus out, stealing confidential and personal information from others.
Encryption technologies
• Encryption works by securing a network. Encryption is used to protect information such as social security numbers, banking information, company information and credit card information. Without encryptiontechnologies hackers could plant viruses, making everyone susceptible to identity theft. When you download music from the site there are multiply downloads to choose from.
Anonymizer
software • An anonymizer is a proxy server that makes Internet activity untraceable. An anonymizer protects personally identifying information by hiding private information on the user's behalf. If hackers were using anonymizer software no one would be able to trace the information they took from individuals every time they visited the site to download music. Conclusion I think if we use protective measure we can possibly crack down on the sharing of illegal or copyrighted material. Education is key. The more people we educate about illegal downloading and how serious of a crime it is I think more people would be mindful before the download illegal material.
Napster is a virtual community, which consists of music news and chat-rooms, the main feature it offers is an easy way to download MP3's (music files). This controversial service has brought the lawsuit to Napster. Napster allows its subscribers to download the music files without charge. It is not however, from Napster that the subscribers get these files. It is from each other. The users share their hard drives so that other users can download any of their music files that they want.
So why are people like Metallica and Dr. Dre so angry with Napster? One reason, unrelated to record sales, is that Napster offers unperfected versions of unreleased songs that these artists do not want released until they are completed.
According to the text A Gift of Fire, Napster “opened on the Web in 1999 as a service that allowed its users to copy songs in MP3 files from the hard disks of other users” (Baase, 2013, p. 192, Section 4.1.6 Sharing Music: The Napster Case). Napster was, however, “copying and distributing most of the songs they traded without authorization” (A Gift of Fire, Section 4.1.6 Sharing Music: The Napster Case). This unauthorized file sharing resulted in a lawsuit - “eighteen record companies sued for contributory infringement claiming that Napster users were blatantly infringing copyrights by digitally reproducing and distributing music without a license” (Communications Law: Liberties, Restraints and the Modern Media, 2011, p. 359).
Before the 1990’s, if people want to listen to music, they just visit a music store and pick up a CD and then put it into a stereo equipment. However, the development of MP3 file format gradually changed the way people listen to music. This format lets everyone download music easily and it can be converted to CD as well. But, there is still a problem: searching MP3 files on the internet is maddening and people seldom can find the music they want. Therefore, the birth of Napster solved this problem, creating a virtual music community in which music fans could use the Web as a “swap meet” for music files. More importantly, Napster is easy to use and it’s free, which expands the range of audience in age. Bandwidth also contributed to Napster’s success. The greater the bandwidth, the faster the file can be transferred. So, Napster really changed the way people listen to music, discover music and interact with music.
...ter the search of a song will be one to take you directly to the artist’s website. This will allow users to find out more about the artist. While on the website, a fan could find out that a band or artist is coming to a city near them, and they could buy tickets to the show, or just find some merchandise that they like. This would profit the artist who was complaining about having their music stolen from them.
With new technology comes new possibilities and more people to thrive financially, popularity,negatively. It just so happens that Spotify has been able to thrive in all of those categories, now being the biggest music industry in the world they have some major responsibilities and opportunities. In just the matter of the past few months Spotify has managed to add 20 percent to its worth by bringing in new subscribers and add sales. But that's not the only significant thing on Spotify’s agenda with huge lawsuits, where they could lose a big chunk of change and hurt more than just their pocketbooks. Along with at the end of the year they are selling shares of the company, the only problem is will the public want to buy their shares and invest
The first was that Napster’s users were directly infringing on the copyrights of the music they were sharing. RIAA argued that even though Napster didn’t benefit by its users’ downloads financially, the use of the service could be considered commercial. The transfer of MP3s via Napster’s service negatively affects the quantity of CDs the record industry would ultimately sell and the opportunity for the record companies to market their own music digitally in the future.
Napster is a peer to peer file-sharing program designed specifically for the exchange of MPEG 1
Spotify is one of the most popular streaming services. And since its breakthrough, access to music have never been easier – just type in the name of an artist or a song and press play. The advantage of it is that listeners gets to listen to their wanted music instantly and for free and artist gets paid royalties. But since spotify’s big breakthrough there has been big debates if free music streaming is going to kill the music industry or if it’s going to help it.
With the popularity of the Internet, sales for CDs, DVDs, Movies, and many other products have increased. Along with the increase of sales has brought forth an ever increasing problem of illegal media being downloaded. Programs such as Bittorent, Kazaa, and other direct-connect networking programs have allowed the transferring of such illegal media. Downloading song files from the Internet over a free peer to peer network is the moral equivalent of shoplifting music CDs from the local mall.
One thing illegally downloading music has an affect on is the record companies that produce the music. The record companies have to pay for the studio time and pay for the album to be made. If they don’t get any money in return from the people buying the album, then they have to cut back on employees. Michael Poth, in his article “Illegally Downloading Music”, he quotes Amy Adkins in her online article “How does illegally downloading music affect the music industry”. She writes that the RIAA (Recording Industry Association of America) has reported over seventy one thousand people have lost their jobs due to illegally downloading (“Michael”). They have to take away peoples jobs to recover from the loss of the billions of dollars due to illegal downloading. The RIAA tries to catch the hosts of the sites that have illegal music download available, such as Pirate Bay and Mediafire. The RIAA caught one student at Boston University and charged him $675,000 for downloading music (Lavoie).
So whether you think of downloading as just testing out the music or that there is just nothing illegal about it, it will always be stealing.
Overall, I am disagreeing with music downloading as a good idea, which couldn’t 100% protect artists. Many artists can take advantages of it and become famous, but did you know they still cannot get reciprocally benefit. The problem now is that the government has to administer strict law to stop illegal downloading and websites that provide it. If people cannot follow the rules, the free music downloading should be restricted.
In the modern world, as technology improves, it has become popular to obtain the digital copies of songs from online stores such as Amazon and iTunes, without even leaving the house. Unfortunately, many people choose to steal their favorite songs from countless available file sharing sites and peer to peer networks. Most music files downloaded from internet and peer to peer networks are illegal, this commonly includes MP3s created from CDs that are posted online by people who have not acquired permission from the artist or record company to do so. Downloading MP3s and other illegal music formats distress the music industry radically. It is estimated by the RIAA that 3.6 billion songs are illegally downloaded each month and It is also believed by (IFP, 2009) that 95% of music files downloaded from the internet are illegal. Thus, colossal number of dollars are lost as an eventual outcome of pirating. The primary explanation for downloading music illicitly is because it is available and free. Some music downloaders do not even feel that downloading and sharing music through peer-2-peer and copying from CDs as ‘stealing’ astute work of the musicians, composers and recording companies and this creates the problem.