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Free Music Downloads And The Law

Dimitris Stacosta

Bigwigs in the film and recording industry are protesting that file-sharing networks that allow users to download files from each others' computers are interfering with their copyright rights and costing them billions of dollars yearly.

Since these peer-to-peer file sharing networks have started up, the music industry claims to have lost 25% of its revenue. Representatives go so far as to call users 'thieves' who are stealing their music.

There have been constant lawsuits over this issue since the advent of file sharing networks. The latest networks to have been targeted are Grokster and StreamCast, known chiefly for its Morpheus software through which users can download music.

While Napster allowed users to browse an index of all the files available, these two services go one step further and allow users to create their own indexes. Through this loophole, these two services have allowed users to continue sharing files in much the same way as Napster did.

Although some musicians are complaining that these file sharing networks are taking profits out of their business, others are praising the networks for allowing their works to be more available to more people.

It is true that some music fans use file sharing networks to listen to an artist before paying $18 for the CD. Big record companies often release CDs knowing that one song is the only reason most people will buy it. Many fans will still buy the CD, but there are always those who will take advantage of the free music and never pay for another CD.

The file sharing networks themselves claim that this service helps record labels promote their artists. They also point out that it gives small, independent bands a chance to be heard by a wider audience.

Apple's iTunes allows users to buy individual songs at its Apple store. Many have quit using free file sharing and started to purchase songs on iTunes. Each song is 99 cents, so it offers a cheap alternative to file sharing. iTunes is limited, but in the future, when file sharing may disappear, services like iTunes will offer listeners a chance to buy the songs they like.

Starting in 2003, record companies have been suing individual users of file sharing services. Although this continues, it is harder to find those who are sharing files on networks like Grokster and Morpheus, where each individual user can keep their own index.

The Supreme Court has become involved in the battle, and it is expected that they will reach a decision soon that will affect the future of file sharing network software.

This is a big issue for everyone, because the ruling could effect legal music software. It may hurt development of new software and products like the iPod, which is now popular among music fans.

Grokster and Morpheus have managed to escape legal responsibility for illegal file sharing downloads by claiming to not monitor or keep any records about what is being downloaded. In this way, copyright infringement charges recently brought against the two companies were rejected by a federal judge of the Los Angeles 9th Circuit Court of Appeals.

In 1984, the United States Supreme Court ruled that copying copyrighted material using the Betamax was legal, and that ruling is still the law of the land.

Most recently, representatives for the music industry claimed that the way Grokster and Morpheus advertise their file sharking software is grounds for them to be sued and shut down.

But how will this effect users of those services? This debate will go on for a long time to come. For now, illegal downloading continues unabated. Most users, who download a few files a month, will not be effected.


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