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Napster incident according to legal and ethical
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The Napster Controversy
From the writings of Burke I get the understanding
that he believes that representation is done through
the idea of symbols; symbol making, symbol using and
symbol misusing. He believes that we use language,
that we use it best in a nonverbal way in which we all
can understand. And that language verbal or not is the
essential key to all representations through any lens
or idea. He also believed that we invented the idea of
anything to be negative and that we are what makes
things negative. Simply put; All things are good until
man makes it otherwise. And by using Burke's "lens" we
can look at the internet use of Napster and see how
different people have found different views of it and
how now some people deem Napster as bad or in a
negative lens they see Napster.
The Napster software, launched early in 1999, allows
internet users to share and download MP3 files
directly from any computer connected to the Napster
network. The software is used by downloading a client
program from the Napster site and then connecting to
the network through this software, which allows
sharing of MP3 files between all users connected to
the network. Napster does not condone copyright
infringement, there is no opportunity in the software
to stop this, or for royalties to be paid to the song
belongs to.
The reaction from recording artists, record labels
and other music industry players has been varied, but
primarily anti-Napster. The first action to be taken
against Napster was by the band Metallica. In April of
this year, they sued Napster Inc for copyright
infringement. The case was settled out of court when
Napster agreed to ban some 300,000 users who had
allegedly downloaded Meta...
... middle of paper ...
...co.uk/content/archive/12647.html
- 4/9/00
Napster Boosts CD sales - survey -
http://www.theregister.co.uk/content/1/12093.html -
4/9/00
Napster Details Copyright Case Defence -
http://www.theregister.co.uk/content/archive/11750.html
- 2/9/00
US Appeal Court sets Date for Napster Trial -
http://www.theregister.co.uk/content/1/12909.html -
2/9/00
Napster Loses Preliminary Hearing -
http://www.theregister.co.uk/content/archive/10729.html
- 2/9/00
Napster throws Metallica a Curvevall -
http://www.salon.com/tech/log/2000/05/10/napster_metallica/index.html
-
31/8/00
Napster to Face Music in Courtroom -
http://www.usatoday.com/life/cyber/tech/review/crh121.htm
- 2/9/00
Napster is Ordered to Halt Swap of Music -
http://www.latimes.com/business/reports/musicweb/lat_napster000727.htm
- 2/9/00
AOL Unit Runs Napster-like Search Engine -
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.
Art has always been considered the effervescent universal tool of communication. Art does not require a concrete directive . One sculpture,drawing or written creative piece, can evoke a myriad of emotions and meaning . Artistic pieces can sometimes be considered the regurgitation of the artist's internal sanctum. In Richard Hooks graphic painting,Adoption of the Human Race, the effect of the imagery,symbols ,color and emotional content projects a profound unification of a spiritual edict.
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.
CD sales are up 16% across the nation. How can Napster be a bad thing if it is helping the
...ic chorus) that was used as a theme song in Ronald Reagan’s 1984 Presidential election campaign. While Springsteen was heard to be appalled by this nationalising of his protest song (so much so that he has the Reagan campaign stop playing it ), it is interesting in this case to note that ‘once composed, a piece of music takes on its own life, independently of the intention its creator bestowed upon it’. It does not belong to anyone, much like any form of aesthetic, but it belongs instead to the people, the audience. Theorist Stuart Hall talks about how media texts are ‘encoded’ by the producer with values and messages, but then ‘decoded’ by spectators. And this is probably the most important thing to remember in aesthetic studies, and something we will look at in the next chapter – once a piece of art becomes public, it can be twisted to mean whatever the audience
In 2011, after five-years of litigation, Judge Kimba M. Wood of the United States District Court ruled in favor of Recording Industry Association of America (RIAA) and ordered a settlement of $105 million from LimeWire. The lawsuit was initiated by RIAA in 2006, for copyright infringement violations, against LimeWire for the illegal file sharing of music by its consumers. More than 9,000 recordings were identified by music labels that LimeWire users unlawfully distributed. RIAA sought the maximum penalty of $150,000 for each song totaling $1.4 billion in damages. Although RIAA was not awarded the full amount, they hoped it served as a deterrent for music piracy by other companies in the future.
Creating a foundation for musical representation, works
People have been finding alternative ways to access their music since technology evolved, whether it was recording songs off the radio onto a cassette tape or borrowing your friend’s CD in order to ‘burn’ it, No one played by the rules, legally. This piece will discuss illegally downloading music and the political theories and concepts it represents. What are the social norms and attitudes that drive this behaviour? and what is the solution, if there is one?
In his first essay of Ways of Seeing, John Berger claims that all power, authority, and meaning that was once held by an original work of art has been lost through the mass reproduction of these works that has occurred in recent years. He writes of an entirely bogus religiosity (116-117) that surrounds these art objects and that the meaning of the original work no longer lies in what it uniquely says but in what it uniquely is (117). He claims that because of reproduction, the art of the past no longer exists as it once did (127). Obviously, something created hundreds of years ago is not the same as it once was, but the distribution of art and music to the general public has had a positive effect on society rather than a negative one. Works of art have even more meaning than they had when first created through the interpretations offered them by generations of critics and artists. Fresh new sources have been given the ability to offer their insight and abilities into art, creating entire new genres of art, music, theatre, and the like. It has allowed for a truer search for knowledge than was ever possible before. And ultimately, the search to find the true meaning of art and of the ideas of the artists forms a true sense of religiosity, which gives passion and meaning to the lives of groups stretching far beyond the cultural elite.
...o shape interpretations through presentation of meaning and experience, it must be accepted that popular culture artifacts have agency ranging from the individual level to the level of international politics.
To fully understand the meaning of Radiohead’s A Moon Shaped Pool entirety, along with identifying the appeals to emotion presented, one must first understand who Radiohead’s intended audience is. The difficulty in identifying their target audience is the fact that with each new song––and frequently within a singular song––the audience changes and with that, its emotional value. Since the albums main themes revolve around the loss of love, a relationship, and to an extent (as will be discussed soon) a will to live, it is clear that some fallacies of argument as described by Walton are bound to occur; for example, the album’s first track, “Burn the Witch,” seems to be an persuasive argument directed at himself in an effort to convince himself By asking us to relate to his plight and to understand his perspective, Yorke is using what Walton describes as popular rhetoric, “an argument designed to persuade a specific target audience… [It’s] objective is to build a personal bond with this audience, to establish a personal link between the arguer and the recipient of his message” (Walton 106).
The story really begins with Napster and its free software that allowed users to swap music across the Internet for free using peer-to-peer networks. While Shawn Fanning was attending Northeastern University in Boston, he wanted an easier method of finding music than by searching IRC or Lycos. John Fanning of Hull, Massachusetts, who is Shawn's uncle, struck an agreement which gave Shawn 30% control of the company, with the rest going to his uncle. Napster began to build an office and executive team in San Mateo, California, in September of 1999. Napster was the first of the massively popular peer-to-peer file sharing systems, although it was not fully peer-to-peer since it used central servers to maintain lists of connected systems and the files they provideddirectories, effectivelywhile actual transactions were conducted directly between machines. Although there were already media which facilitated the sharing of files across the Internet, such as IRC, Hotline, and USENET, Napster specialized exclusively in music in the form of MP3 files and presented a user-friendly interface. The result was a system whose popularity generated an enormous selection of music to download. Napster became the launching pad for the explosive growth of the MP3 format and the proliferation of unlicensed copyrights.
It seems like we are living in some sort of golden age of streaming. Virtually all forms of media are at our disposal at this point in time. It doesn't matter the medium of entertainment: music, film, or television shows, they are all only a click away. However, controversy has been brewing for quite some time since streaming became something of a consumer norm. Issues include compensation for artists and producers, exclusive content for being on one particular service, and the crowding out of older businesses.
Music piracy is a developing problem that it affects the music industry in many different ways including being responsible for the unemployment of 750,000 workers, as well as a loss of $2,5 billion; therefore, I want to explore ‘To what extent has music piracy affected the music industry market in the United States over the last 10 years?’