Wednesday, September 9, 2009

Issue of the Case

A&M Records, Inc. v. Napster, Inc

The issues of this case are quite simple. Free distribution of copyrighted material. The music industry brought charges against Napster, Inc. alleging copyright infringement. They had also found that, "the “sharing” of the copyrighted files was not fair use and was not within other exemptions from and limitations on copyright infringements created by the Audio Home Recording Act or the Digital Millennium Copyright Act." In recourse, Napster argued that they were protected and not held liable due to the safe harbor provisions of the Digital Milennium Copyright Act. The music industry was realy trying to attack the user's themselves but settled for the "Master" source. The issues included in this case at this time have impacted the music industry severely. "Music piracy has reached epic proportions and costs the music industry and estimated $300 million per year." And with that amount... one wouldn't think they would be able to recover all that well in the coming future. It's not that difficult to understand that the real matter at hand is the concern regarding the "Boundries between sharing and theft, personal use and the unauthorized worldwide distribution of copyrighted music and sound recordings." Protection of copyrighted material is key in this case and is the overwhelming issue. But there is a unique gift when it comes to "sharing" music... and that is the ability to find exactly what you're looking for (at the time) without a hassle. For example, one can find "Sesame Street‘s "Rubby Ducky" song in German." And who doesn't want that!?

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