User:Rayloyd

File sharing is a distribution method of using the Internet to send any type of software or media from user to user. There are many available and different means to share files but different types of peer to peer, such as Bittorrent, have become prominently used. There is legal and illegal file sharing which has sparked a huge debate about copyright and intellectual property.

The entertainment industry has played a major role in the use of file sharing both in utilizing it as a business venture and opposing its spread of pirated media.

Distribution Methods

Physical Media

Physical Media is the oldest form of file sharing because it is files carried on tangible media such as any type of magnetic tape like cassettes. New removable media has since been used ranging from floppy disks, to compact discs, to DVDs, and portable storage devices. This form of file sharing has been nicknamed Sneakernet because it involves someone walking in their shoes (sneakers) and physically transferring files to someone else.

File Server

File server sharing is where a client can connect or mount an entire directory of a server. This can be used to transfer or just store files remotely. Popular protocols include FTP and SFTP.

Web-based

Web-based file sharing is similar to file server sharing, except it is in HTTP protocol and done online. It is easy and quick for small files.

Peer to Peer

Early Peer to Peer

Peer to peer distribution has progressed through different stages and have been broken down into more ways of sharing. Early peer to peer sharing, also known as p2p, consisted of a network between a server and a clients. An example of this would be Napster, which was a software client that pioneered this technology and started the question of its legality. The client would search for a file using the server. The server finds and list of peers, which are other clients, that have that specific file and provides it to the client. Then the client chooses a peer that the file will be sent from and the server helps connect them. In order for this system to work, users must be registered and the server must be constantly refreshed in order to be updated with current available peers connected to the network.

P2P after Napster

After Napster ended, a new slew of programs emerged that set to create networks that did not rely on a central server, thus making it difficult to blame a single source of violating copyright. Prime examples of this include the programs Gnutella, Kazaa, and Ares. However, these software clients still required a log in account onto the network.

Bittorrent/P2P

Today, perhaps the most popular and controversial form of file sharing is done mostly through a p2p protocol called BitTorrent. It is even convenient for large files or a group of files. The file or files, called a seed, is uploaded onto the network where other users, called peers, are able to connect and download the seeded file. Many of those peers, after obtaining the seeded file, become seeds themselves, which increase the connection for other peers to download off the seeds. This helps relieve bandwidth of a single source by spreading it among users on the network. It is estimated that about thirty five percent of all Internet traffic is Bittorrent activity. Many media companies have utilized this protocol to distribute their own products legally, such as Blizzard Entertainment and record company Sub Pop. However, pirated media has become very popular through Bittorrent and sparked a huge debate. Largely because the use of Bittorrent for pirated material has made it difficult to take aim at major sources to blame. For most pirated media, users must download a Bittorrent tracker or metafile that does not actually contain the illegal content, but rather it connects you to the network that will allow you to download from seeds. These trackers are easily found on certain websites that house them for anyone to download. Thus, these websites, such as Mininova, Torrentspy, Demonoid, and The Pirate Bay, are not directly providing the pirated content. Every peer and seed of the illegal file is actually the one distributing which would not place legality issues on a single person but many, many users. Therefore, the Bittorrent protocol is not the problem.

Legal File Sharing

Businesses have adapted to the digital age by changing its sales tactics and utilizing file sharing technologies. They have taken advantages and created a new market for consumers to purchase entertainment media. This has provided an option for consumers who want the convenience of file sharing but want abide by copyright laws.

Online Media Retailers

Legal file sharing has become a huge business as of lately because of the convenience of obtaining entertainment straight to your home or other media players. Apple’s iTunes store among others have become major retailers of music, television shows, and movies. Even software such as games and professional programs can be bought online. This is a huge way that the industries have adapted to the digital age. It cuts down on costs for manufacturers by eliminating costs such as shipping and packaging of products, which in turn will benefit consumers with lower prices if they choose to download from a retailer. Also another advantage for consumers is to personalize their purchases by selecting specific individual songs to buy instead of an entire album, or a certain episode of a television show. They can also have the option of portability now since mp3 players and other multimedia portable devices have become a huge trend .This brings in profit from those who would normally refuse to buy an entire CD just for one song that they want. Amazon MP3, Microsoft, and many other corporations have joined in this venture as it is becoming one of the primary ways in which people purchase media.

Illegal File Sharing

Illegal file sharing is a global issue because of the violation of copyright laws within the legal systems of different nations. P2P protocol technology is specifically aimed at in the controversy because it is so widely used. It is difficult to identify who should be punished because systems are often run in anonymity, which provides plausible deniability because there is no sure way to charge people and prove it. With Bittorrent, the owners of sites such as Supernova.org or The Pirate Bay are not distributing any illegal content themselves, but rather are cataloguing the trackers. Thus, it is difficult to charge them directly.

Protestors outside of the court case trial for The Pirate Bay website.

Copyright Law

The sharing of pirated music has become a huge issue so four of the largest record companies have come together to form the RIAA, an organization aimed to stop the use of P2P for sharing file folders of copyrighted work. They have claimed that the network infringed on their right under 17 USC 106(3):

"to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending". Critics have argued that the RIAA has failed to show (a) dissemination, (b) of actual phonorecords or copies, (c) "to the public" (as opposed to a limited group), or any (d) sale, transfer of ownership, rental, lease, or lending..... all of which are required components of a 17 USC 106(3) "distribution".

Intellectual property, which includes copyright, gives exclusive rights to the creator or owner, such as musicians and filmmakers, and that they should gain profit for the art they provide. This prevents a monopoly of ideas to occur and to reward those with new ideas so that people will strive for more innovations.

Characteristics of the Legal Battle against Illegal File Sharing

• Copyright law can be interpreted very differently so ambiguities cause problems in determining what is legal and illegal.
• The Internet is an international network but laws are different in every country so online activities are viewed differently under different legislations.
  • In Spain, it is legal to share copyrighted files as long as it is not for profit.
  • In Canada, a reform is currently underway, but copyright laws about file sharing is much less strict compared to the United States.
  • In Australia, it is legal when done in a social contexts, but not for profit and anonymously.
• Technologies quickly evolve and change, so different methods of file sharing are constantly being challenged in sharing copyrighted materials
• Many of the file sharing protocols encrypts information to hide identities or just use anonymity, making it very difficult to charge users with illegal actions.

Economy

The entertainment industry has been a key player in the debate of file sharing and its infringement upon copyright laws. Illegal distribution has caused an economic imbalance in the music and film industries. According to studies, CD sales have dropped dramatically due to the illegal sharing of music. However, it is difficult to conclude that the drop in sales is in direct correlation to illegal file sharing because the music industry has also adapted to the digital age by opening online music stores to distribute music by legal file sharing. The film and television industries have had a little bit more of a difficult time adapting but have done the same. It is also challenging to fully measure the impact that illegal downloading has had on both entertainment industries because one download does not necessarily equal a sale since many of these users who acquire the copyrighted materials would not have actually bought the media legally if they did not download it anyways.

Personal Opinion

I believe that illegal file sharing will be a battle that will never end if entertainment industries simply continue to put certain organizations such as Bittorrent tracker websites on trial because it is amount of people who download copyrighted materials is such a large community and punishing a small group does not help nor set an intimidating example. The group is also too large, often anonymous, and very dynamic in technology to hold every single user accountable for their actions. Also, the legal side of file sharing such as the emergence of online media retailers has caused a new market that has benefits that physical media sales do not. I am a firm believer that industries will just have to adapt even more to file sharing by offering more incentives to legally buy from the companies directly.

Pay-what-you-want...Radiohead and others.

An innovative method that emerged recently is the pay-what-you-want system of selling entertainment. The alternative rock group, Radiohead, released their latest album, In Rainbows, online through this system by offering fans the ability to download the music for whatever price they wanted, even if that price was nothing. The download was a zip file of the ten tracks in mp3 format. Fans could also pre-purchase a discbox set that included a 2 CD’s, 2 LP’s, mp3 download and a booklet for the equivalent of 80 USD. The album sales were generally difficult to measure because of the different methods of distribution but the experiment was definitely not a failure and seemed to be a success overall. This way, fans would decide the worth of the album so hardcore fans could get the discbox, or pay closer to retail, while curious fans can listen for free, and those would not pay retail, but would pay in-between could get the album too. The idea was that they could reach every market. However, this method was done solely by the band without a record label, which benefitted them fiscally, but has to be taken into account for the future of this distribution. Other acts have followed suit such as Nine Inch Nails and laptop mash-up artist, Girl Talk. I think this is an interesting tactic for entertainment industries if they can integrate this into their established marketing processes. The advantages are they the content will reach a higher volume of audience. They should just offer more deluxe physical options similar to the Radiohead discbox for the die-hard fanatics.