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Downloading And Copyright Laws

Illegal downloading also called file sharing enables people across the world to share information such as movies, music and documents. Artists surrounding the world were burning off out on hundreds if not millions of dollars worth of profit from CD sales. The biggest offender was the newly software called Napster developed in 1999. In the past decade governments have grown to be more and more engaged into combating this form of circulation. This essay checks how appropriate government authorities alongside ISPs operate against combating this type of "crime". World wide web neutrality is a significant theme, that in my opinion forms a barrier. The continuous updating of laws and regulations and overwriting of laws has caused an mind-boggling amount of misunderstandings, and with the development of ACTA it only causes more distress.

During my research, I have used and referred to internet on many occasions as I sensed that was the most modified form of information on this topic. Catalogs and reports to get an understanding encompassing technological aspects as well as sociological aspects into this ever-growing issue of copyrighted file showing.

Introduction to Illegal Downloading and Copyright Laws

The illegal downloading of copyrighted materials is probably one of the most typical and easiest things we can do on a computer today. It generally does not have a computer expert to do so. All of this was made easier by a program called Napster, that was released prior to the millennium, by Shawn Fanning, a college or university student. He previously developed a means which would revolutionize just how data was sent across computers systems.

It was nearly two years previously, where the French government suggested and passed a law stating that the downloading and uploading of copyrighted materials would be observed as a criminal offense and this action would be taken. Soon enough, after many years of debate the "offenders" would get their warning words this year. The French federal declaring that over 100, 000 letters were directed. However as much other journalists consider, this does appear a little exaggerated and used a scare tactic. This investigation looks at whether it's justified for the French specialists to lower someone's internet connection.

The regulation was highly questionable as it damaged internet privateness, and it was soon brought to my awareness that this didn't follow the philosophy of the internet. The theory behind the set up of the internet, was net neutrality. The ideas are simple. That government authorities or ISPs should not intervene with any of the content being distributed, and allow free communication between the personal computers. This being said, it doesn't look like the truth, and governments have grown to be more engaged.

The origins of copyright legislation date back to the 16th and 17th century, were different serves were made for printing and pressing. The Licensing Act of 1662 which secured printers against piracy. The breaching of the act, would lead to high fines and possible imprisonment. The first known legislations of copyright originated in Britain and was primarily there for the safety of literary works.

The Good Use Copyright has produced itself from the Statute of Anne. We move on again to the Berne Convention for the Safety of Literary and Artistic Works, which can be an international agreement where governments about the world joined makes to protect intellectual property. The annals and development of the laws of copyright is explained in further information in the History of Illegal Circulation of Copyright Material of this essay.

The topic of net neutrality is one of great importance in today's society in the case of authorities becoming included into the circumstance of potential illegitimate downloading and uploading. Polices change in countries, however the essence of online neutrality should never have changed. From what extent are government authorities allowed to gain access to our personal computers or intercept data packages destined for computers. The compare between telephones will be interesting to say, as telephones require court purchases for data to be intercepted from a telephone. Isn't this a paradox?

ACTA (Anti-Counterfeiting Trade Agreement) is the new "hype" encompassing intellectual property. ACTA is a highly secretive treaty between developed countries who are thinking about creating even stricter intellectual property regulations, and add them into free trade contracts. It is important to note which kind of contract this is. It isn't a law, which means it doesn't have to move parliament. That is an easy method for countries to get over so many issues surrounding copyright laws. Scheduled ACTA's secrecy, information available is limited and I have attempted to get as much as I can, as I feel that this arrangement will bring a whole lot change to the role of government authorities in handling their the laws of copyright as well as bringing up new honest issues.

With all this combined, its noticeable that with recent improvements in the world and just how it will impact how exactly we use personal computers, I can follow-up on a study of the question:

"From what extent will be the responsibilities of governments and ISPs in harmony in the case of the laws of copyright?"

Availability of Copyrighted Material

As mentioned in my own introduction, within the last couple of years technology has advanced so quickly, from tape recorders to CDs to portable digital marketing players. These transitions have helped bring in various factors along with it, such as different ways of formatting music documents and videos, as well to be able to gain access to them on multiple devices. Hence making copyrighted material more prone as it became so easy to transfer. The general public started to note that music, videos and software were becoming "free", as computer intellectuals started breaking and hacking this basic form of safeguard that was applied on copyrighted material. Napster was create in June of 1999, and was a massive hit among school students. Rumor has is that over 2 million downloads of Napster took place in the first six months of its launch! Soon enough word come to the RIAA (Saving Industry Connection of America) and different painters and the problems of the new digital revolution would begin. This interpersonal and ethical battle still remains today, is it to download copyrighted material readily? There are so many ways to find and track record music, and regulations which may have been written aren't updated enough to keep up with the general level of advancement in technology. The problem of laws not being kept up to date at a faster rate is touched after ever sold of Illegal Distribution of Copyright Materials.

Shawn Corey Carter also called Jay-Z, one of worlds most successful painters said within an interview with the well respectable Forbes Mag that the record industry possessed made a blunder and should have "embraced" the technology and caused it, rather then heading against it". Before couple of years, the music industry is wanting to "embrace" this new digital trend. Since that time results have proven that he was accurate. In 2004 digital sales had increased by over 940%! In reply to this surge and the increase of downloading, big musicians and artists and bands have released free paths.

The arrival of iTunes by Apple would also give more folks usage of music and within 7 years iTunes sold over 10 billion melodies! Steve Jobs explained this development as "It has been the beginning of legal downloading, " Apple CEO Steve Jobs said of iTunes when it first launched in 2003. "We will fight illegal downloading by rivalling with it. We're not heading to sue it. We're not going to dismiss it. We're going to contend with it.

This is a powerful affirmation is a leading example of where most governments should be at today, however this is false. iTunes is a superb exemplory case of how it can work, as well as other various good examples such as Spotify as well as Beatport.

In a survey I conducted among twenty individuals requesting; "If you realized how to download music and videos illegally, could you?" 60% of folks said "Yes". It has been apparent that downloading music is an extremely lucrative market, which is shown by the as data from the IFPI (International Federation of the Phonographic Industry) shows that the combined statistics of sixteen countries over the three season period causes 40 billion illegitimate downloads! The previous few years have been referred to as the digital revolution, however I believe we are stepping into a new years of digital amelioration.

History of Illegal Circulation of Copyright Material

The circulation of copyrighted material is a problem since the 17th century and the free content across the World Wide Web has only been a challenge for over a decade. The release of Napster in 1999 would be the start of a new age. However the showing of data have been going on long before Napster. This data was of the different kind, and of an alternative purpose, yet its philosophy is similar today regarding "To what extent are the responsibilities of governments and ISPs in tranquility regarding the laws of copyright?". The beliefs of net neutrality is based on freedom of talk, and people functioning beyond the jurisdiction of any specialist or any country's expert.

Soon after Napster was setup, different methods changed, such as other P2P software sharing such as Limewire, Kazaa. Torrents have grown to be popular in recent years. A new time was created, and digital mass media was accessible. During my research I chose to find out just how long and how many clicks are needed to find a songs using various methods. This table is the following:


As can be seen above through my research, the ease of dowloading music, is performed in less the ten clicks! This also will depend upon whether or not you use keyboard shortcuts.

The roots of copyright legislation date back to the 16th and 17th century, where different acts were made for printing and pressing. The Licensing Work of 1662 proclaiming "An Work for preventing the frequent Abuses in producing seditious treasonable and unlicensed Bookes and Pamphlets and for regulating of Printing and Printing Presses. " Even though these functions and laws existed, printers were given exclusive protection under the law to have the ability to print a certain report. Religious institutions were thinking about getting the bible branded, as it was a means of growing ideas. The breaching of the take action, would lead to high fines and possible imprisonment.

The first known law of copyright started in 1907 in Britain. This was known as the Statute of Anne, it explained "An Work for the Encouragement of Learning, by vesting the Copies of Printed Books in the Writers or purchasers of such Copies, during the Times therein mentioned". Once we can quickly create, the first illustration of copyright rules, came from a position of power, Queen Anne of Britain. Within my research it became very clear that practically all the laws of copyright were related to literature work. Over time the regulations and statutes have tweaked themselves to certain situations.

The Fair Use Copyright has derived itself from the Statute of Anne. It can be compared to flexibility of speech. Rational use has never been given restrictions by its lawmakers. It allows visitors to make "a fair use is any copying of copyrighted material done for a restricted and "transformative" purpose such as to comment upon, criticize or parody a copyrighted work". This regulation doesn't allow copyright holders to over exaggerate the unlawful use of their work, as well as allowing the public to use the work fairly.

The Berne Convention for the Coverage of Literary and Artistic Works, is a international arrangement which was agreed upon in 1886, and currently has 164 customers. This is the first rung on the ladder where governments surrounding the world joined pushes to protect intellectual property. The law abolished the requirement to register international works and unveiled an exclusive to transfer or produce translations.

It has come to my attention that the problem of handling the circulation of ideas and copyrighted material has been a social and ethical concern not for days gone by decade, but in actual fact for about three centuries, but still today governments lack behind and still haven't found a remedy. The evolution of the internet has only made this a harder process.

Net Neutrality

The meaning of Net Neutrality is unclear, as there are many different interpretations, fundamentally this means the access to the internet without restrictions. Tim Berners-Lee once said that World wide web Neutrality "is a principle proposed for end user access networks taking part in the internet that advocates no restrictions by Internet Service Providers and governments on content, sites, programs, the sorts of equipment that may be fastened, and the settings of communication allowed"

Net neutrality 's the reason the internet has become such an important and powerful way of having messages across, and has had such an impact on world affairs. An excellent example is the have an impact on of Wikileaks, and how governments attempt to take them off. The educational value it just as important, as it allows old and young generations to talk about ideas and study from each other. Regarding music, it could be argued that their definition for music is completely different, and indeed this is of music is still today a matter of debate. Record labels definitely feel that it is a source of income. Some people feel that it is a means of expressing feeling. The writing of music allows inspiration for others to check out, and I believe it can be widely agreed on. If people did not get access to all the music as they do, the music industry wouldn't be as alive as it is today. Any difficulty. copyright laws established by government are actually inhibiting new artists, rather than blossoming their growth.

ISP's and Government authorities seem to be getting pressure from the creative arts industry internationally. That is just a bit ironic as it is mainly the music industry that have such problems with the current talk about with their market. The International Chambers of Business claims "the significant level of digital and imitation products being distributed via the Internet, and the increased loss of economic development, harm to heath & safeness, reduced technology copy, and innovation, the total magnitude of counterfeiting and piracy worldwide is more than US$ 600 billion. "

France has been the center of administration and ISP legislation, as its reported to be the quantity 1 country in illegally being able to access films and music. In 2005 the DADVSI was voted through by both residences of the People from france Parliament. DAVSI was a proposed law predicated on reforming the French copyright laws, which forbid the sharing of copyrighted material through P2P sites. This was one of the most understood laws executed. The law has had its good amount of alterations since its execution, as well as new regulations overwriting the DAVSI legislations as new technological and public issues held arising. The exemplory case of this is the new questionable HADOPI law, which was implemented after having a previous failed look at in early 2009. Following its first season of running, but still doubt on what these laws and regulations exactly are. The French Leader Sarkozy, has announced that the HADOPI organization has warned over 100, 000. Although experts say that the true figure is approximately 30, 000. The ways these warnings are received, touch upon the fact of online neutrality. International Press as well as computer experts have suggested French ISPs have been hesitant to identify and email customers, yet have been required to do so under federal pressure.

Our discussion, is to look for the right idea for third get-togethers such as ISP's to get involved for a concern that's not theirs but that of the record product labels. This makes legislation a whole lot harder, and it requires constant updating.

The Chinese authorities can be an example of how a government controls the internet, shutting down sites that may show information that could potential bring great levels of criticism from other countries. Nevertheless the US has criticized this carefully, recently there were federal government proposals for wire tapping the internet, to permit national security companies to track and look at your personal pcs data through the internet. Under western culture, where people tend to be critical of Eastern policies, we are actually moving to similar policies that people criticize to this day.

ISPs must not be allowed to packet sniff to investigate our activity. This brings in the whole issue of privacy. You will find another few cases which can be shown as why online neutrality should be enforced further. In 2007 Federal Communications Commission advised the government to vote for the execution of a legislations for online neutrality as it is merely a morale and not an actual law.

-Telephone companies connect cellphone lines together to permit people to communicate easily, but don't tap them to listen to what is being said. Wire tapping requires judicial warrants, and sometimes appears as a huge privacy subject to utilize someone's cellphone.

Where do we cross the series? I believe that is a question that no person can consent upon, from a politics and a "illegal downloader" point of view we would get biased ideas. The willingness for concessions appears to be 0% from both get-togethers.

ACTA (Anti-Counterfeiting Trade Agreement)

ACTA is a "plurilateral contract" between 10 countries and the European Union, which is wanting to set out authoritative options on intellectual property privileges. This idea was developed by America and Japan back in 2006 and the first seminar was held in 2008, where soon countries New Zealand to Mexico would become a member of. These discussions have been kept at an extremely low level, which includes brought up suspicions from computer experts, and leaked documents have only increased the fears of the consequences that this treaty may have to the general public. This agreement provides government authorities protection under the law such as:

-The right to search through computers, when under the suspicion that illegitimate copyrighted material might be comprised inside. (Boundary Search Prospects)

-Track internet user behavior

-The close cooperation between ISPs and copyright holders in eliminating infringing material.

-Network filtering by ISPs (DPI))

These are an example of the problems that face this contract, even though ACTA allows countries to create their own abuse. Some of the suggestions put forward to overcome the illegal syndication of copyrighted materials aren't in line with privacy laws lay out by certain governments, or certain international treaties. Which of course, causes further problems.

The Effects of Illegal downloading Internationally

Illegal downloading has been on the plan of international politics going back couple of years, and it has turned into a growing problem for government authorities, and a global interest for young people for the reason that same period. The get spread around of material through the Internet has grown greatly since the benefits of the World Wide Web. According to the School of Minasotta around 675 petabyes per every day of data crosses between computer systems every day, and an approximated 21 exabytes per month. Its believed that the internets total data is approximately 500 billion gigabytes of data back in 2009. Thanks to all the growth in technology, and new security concerns, the cutting down of data has been essential. Multi-media has become a huge part of daily life, and it is estimated that normally U. S. children spend almost 8 time a day using marketing, such as Television and computer.

According to the International Federation of the Phonographic Industry(IFPI) it's estimated that over 95% of all music downloads are illegal (2009). However during the last decade, the music industry has had to adapt to the new demands of the buyer. The digital era has also damaged the music industry, and companies such Apple Inc. are available music at a fantastic rate from other online music store.

The big four Common Music Group (UMG), Electric & Musical Industries (EMI), Warner GROUP (WMG) and Sony Music Entertainment, are suffering from 360 deals where they finance marketing and promotion for an musician. In exchange the artist will share his income from concerts and sales along with his record label. Big performers such as Robbie Williams and Jay-Z are mounted on such deals.

The digital market, and income have increased considerably in this area. (IFPI survey). It shows that the music industry is with the capacity of adapting to new circumstances. Yet seems that could it be missing earnings. Although this assertion is accurate, the nature of the problem has grown to the amount where it is impossible to reverse, and only minimize damage. I really believe a difference must be made between the music industry and performers, some musicians and artists choose to post their work free of charge as that is their way of marketing it. It changes the discussion point which links within my research question. From what extent gets the syndication of copyright afflicted the music industry. A broad conception is made when thinking of the music industry as several multinationals, however I think that this is a misconception that presents another complexness on the problem of copyright law. The music industry also includes the small music artists that haven't achieved popularity. Kate Nash provided her music for free on myspace, and eventually her level of popularity increased and gaining herself a package.

Overall the effects of illegitimate downloading has triggered some change, rather than actually combating the issue.


I have attemptedto show the results of unlawful downloading, and future problems induced because of it. Copyright laws, has evolved carefully throughout the past century. Yet the development of technology and the intro of digital press have only increased this development to an interest rate where it is impossible to overcome the impact. This is reflected in the limited range of sources, as the web has proven most modified. When Napster began the idea wasn't embraced but attacked upon, that i believe was a very fundamental error as they would have used this kind of technology with their advantage. The music industry has seen a new way of growing their product and this shows as from 2004 to 2009 there was a 940% increase in digital sales! Ironically in the same source its stated that in P2P posting (largest piracy method) 76% actually purchase music, yet still claim that the "net impact" continues to be negative.

The development of Copyleft and Creative commons is in my own opinion the near future. The music industry is similar to any industry, they may have their cycles. It really is unfortunate that data file showing was easily dismissed between computer systems.

As for ISPs becoming included, it really depends on government authorities and in a recent record by the International Federation of the Phonographic Industry (IFPI) they explained "The music industry and other creative industries surrounding the world would like to engage ISPs in curbing digital piracy on the networks. Generally in most countries, this requires help from governments in building a constant and effective response from the complete ISP community. . IFPI first called for ISPs to cooperate in a graduated response system in 2005. Five years later, voluntary means have essentially failed to improve. " This failed progress is apparent from the unwilling ISPs to forward information, as they feel that they are simply betraying the privateness of these clients.

A majority of governments about the world have establish themselves a significant task, reforming the way digital advertising is distributed. The introduction of ACTA has only made the combo of copyright legislation, intellectual property laws and international treaties a hugely and unimaginably complicated process. The laws and treaties to overwrite and discord each other, and complicate the procedure of reform further. Critiquing the laws and treaties in several countries, just makes me think what on earth are governments attempting to do. Governments are trying to work in tranquility with copyright laws, yet ISPs are becoming progressively resilient to co-operating with government authorities but haven't any choice as regulations have been designed which require information about customers to be distributed.

Another question that arises is from what scope will these options go, in the Net Neutrality part of the essay. If the government succeeds in forcing ISPs or enabling co-operation between the two. What lengths will this go along with other method of communication? Privacy will be a major social concern. The defending of online neutrality will be difficult as it is a rule and nothing at all more. Yet it still maintains a position of etiquette among culture which is now slowly being destroyed.

The capability of hackers is a drive to be reckoned with, they always look like one step forward. Government authorities and ISPs will always be behind no matter what situation they end up in. That is a big public and ethical issue plaguing the internet. Steve Jobs established an example that many governments must follow, and its too late too combat, so the only way is too compete. The question here is, exactly what will it take to compete?

Many solicitors, computer technology experts, music businesses and governments have spent years attempting to solve this matter, but to what extent it'll ever be removed once and for all, will be hard. As the concluding declaration, I

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