Weekly Blog Assignment: Audio Sampling, Napster, etc. As usual, any other websites or articles you find or I provide are also good for blogging.
Next Week’s Assignment:
1. What does the Digital Millennium Copyright Act (DMCA) say?
2. According to that act, is ‘anon’ in the forum below at risk of breaking the law?
http://discuss.joelonsoftware.com/default.asp?biz.5.479603.7
Type up a paragraph indicating your opinion and what factors you believe would make him safe or not safe under his circumstances. Put your paragraph on the drop off for this class.
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4 comments:
Is quite interesting, I did a search on Audio Sampling and napster and the DMCA popped right out really quick.
I found an article and a Book on this information.
The article that I found explains basically the history of Napster. Basically it list that a 19 year old created Napster in order to help people share their MP3 across the internet. However, this was until the group Metallica found about this and felt that this is stealing music, because people where downloading and not buying CD's (who wouldn't! I would totally hate loosing a few million while I win some more millions *sarcasm*)
So this case was taken to court and the court agree. They SHOULD still win more millions for having their songs downloded and Napster was told to cease the sharing of music through out the internet. However!
Napster said NO! (ok they didn't technically said that) but they did used the Fair Use to defend their argument..ha haha ha Foolish. Napster argued that the users were just Sampling the audio before making a purchase of a CD... How wrong were they!
They even argued that they were doing "Space-Shifting" meaning that they already owned the CD of the copyrighted work and they just wanted it in another medium.
So the court said NO! and explained the impact that it had on the market place for the artist.(instead of making 3 million, they would make 2 million) Interesting.
Is very interested the way Napster imapacted the music industry, especially with now MP3's being sold and being one of the best way of buying music. Especially with IPODS, Zune's etc etc etc.
Here is the link of the article:
Napster vs The Music Industry
Here is the link of the Book for Digital Millenium Copyright Act:
DMCA
This book is actually just a few preview pages of the act. However is extesively long and I haven't read a lot of it. It's $99 on bookstores.
But basically the DMCA states that any use of downloaded materials that are copyrighted, by JUST downloading, the user is commiting Copyright infrigment.
Here is another link that I found about it.
DMCA of 1998
That is my two cents :)
Wiki
Napster
Law against Napster
Couple reads here.
Basically it's the same thing Joel said. Stealing Music = Bad.
Honestly, I don't see the point to ban music sharing. If the Band/Artist is any good they will go on Tour and will make more than enough through ticket sales.
Also if they are any good and put together a decent album then most people would purchase it. I see music sharing as the same thing as listening to the radio. As long as you aren't selling the music you download then I see no problem at all. But that is just one man's opinion.
Well you got to understand.. *quote from South Park* With music downloading Britney Spears can't afford that $4,000,000 private jet, she can only afford now a $3,000,000 jet.
hahaha, but I agree with you. I think if you don't sell the music to make your own profit, why should it be wrong?
I ran into an issue with drm with my company. We had purchased a copy of a song that was "DRM" free and had it come back to bite us. The owner of the copyright on the song called us up and demanded that we pull the song off the site even though we paid the royalty. He claimed that we had only paid for a listen only track not a site related track.
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