This book is a guide – as its title might suggest – to all things digital when it comes to music. It serves as not so much an analysis on copyright in the music industry as a whole, but rather as a set of legal and technical guidelines so that one may participate in the consumption and production of such music without infringing on copyrights. In other words, it describes for the reader all of the ins-and-outs of the digital music industry so that one may know where in the law his practices may reside.
Hill’s book has entire chapters devoted to the assessment of what is legal, what is not, and how to go about participating in said sanctioned musical practices. He identifies a list of acceptable file-sharing websites, and offers his own commentary on why others are forbidden, as well as why these are acceptable. The book begins with a basic introduction into the technologies and methods used in the digital realm and then goes deeper to list available services and to comment on the merits of various practices. His advice is clear and he condones no illegal activity, yet he makes clear why certain people might be motivated to circumvent copyright laws in terms of digital music. He further lists specific file types and programs that are used in these practices and he identifies useful software. He finishes the book with another broad chapter about the “Conscience of Digital Music” as a whole as well as his prediction of the future of the industry.
Hill’s technological knowledge is a key aspect of this book that has allowed me to delve deeply into the details of digital music production and sharing. He explains these issues in simple terms, while still conveying the complexity of their implications. In writing this final paper, the technological terms and details from this book will provide much-needed expertise in a field that I am not necessarily well-versed in. In my analysis of the acceptability of digital sampling, I must first know how the practice works and what techniques are involved; this book offers me this knowledge, which is key to reaching a conclusion in my final paper on what sampling is acceptable within copyright law.
tagged appropriation bootleg bootlegging burning copyright copyright_infringement digital_music digital_sampling downloading file-sharing grokster kazaa mix-cd mp3 music peer-to-peer piracy remixing ripping sampling sharing software song by minglet ...on 25-NOV-08
The most recent Supreme Court ruling on this controversial issue was in the case of MGM v. Grokster. Reversing the opinions of both the district court and the Third Circuit, the Supreme Court found that, though the software could be used for both infringing and non-infringing purposes, the companies “induced” its users to infringe copyright. Even though the software may have had substantial non-infringing uses and may thus have passed the Sony test, the court unanimously felt that the software was created with the intention of allowing users to infringe copyright for the profit of the company . While these file-sharing networks were shut down as a result of the ruling, the government did not seek prosecution of users, many of whom had shared less than $1000 dollars worth of copyrighted works and were thus not criminally liable under the current U.S. code. And while the government may have had a shot at prosecuting the creators and marketers of the software itself, as their product had been found to induce copyright infringement, with damages likely totaling thousands of dollars, a federal case was never made of it. Grokster was shut down, and numerous file-sharing networks popped up in its place, while legal digital distribution networks gained popularity as well, filling the gap left by the popular illegal networs. The war on piracy continued despite this dramatic ruling, and the complaining on behalf of the record companies has yet to cease.
tagged RIAA copyright grokster peer-to-peer by carlytb ...and 1 other person ...on 04-DEC-06


