m Year 1999 Shawn Fanning designs Mp3 file sharing

program
m Year 1999 Shawn Fanning designs Mp3 file sharing
program
m Year 2000 program has10M people as registrated users
m Year 1999 Shawn Fanning designs Mp3 file sharing
program
m Year 2000 program has10M people as registrated users
m March 2000 Metallica, Dr. Dre, NMPA and RIAA all
together files a lawsuit against ³Napster´ which
succeeds in shutting it down
m Year 1999 Shawn Fanning designs Mp3 file sharing
program
m Year 2000 program has10M people as registrated users
m March 2000 Metallica, Dr. Dre, NMPA and RIAA all
together files a lawsuit against ³Napster´ which
succeeds in shutting it down
m However the file sharing era takes off from here with a
lot of new p2p services, unlike Napster they are
decentralized
m °

 
°

m O

 



m O

 



m O




m O

 



m O




m ° 

 


 


m Äopying music without paying for it: THEFT (violation of
intellectual property)
m Äopying music without paying for it: THEFT (violation of
intellectual property)
m The legal download is cheaper, because of ³agreements´
between access providers on the Web and major music
companies.
m Äopying music without paying for it: THEFT (violation of
intellectual property)
m The legal download is cheaper, because of ³agreements´
between access providers on the Web and major music
companies.
m The independents (Often musicians and\or passionate persons)
are quite hard also struck .
m Äopying music without paying for it: THEFT (violation of
intellectual property)
m The legal download is cheaper, because of ³agreements´
between access providers on the Web and major music
companies.
m The independents (Often musicians and\or passionate persons)
are quite hard also struck .
m It provokes unemployment of people living closely or by far
on the industry of the disk (intermittent...)
m Äopying music without paying for it: THEFT (violation of
intellectual property)
m The legal download is cheaper, because of ³agreements´
between access providers on the Web and major music
companies
m The independents (Often musicians and\or passionate persons)
are quite hard also struck
m It provokes unemployment of people living closely or by far
on the industry of the disk (intermittent...)
m The standardization of the music
m Intransparent laws and grotesque copyright makes it a major
inconvenience
m You'd like to move the tracks you bought from Rhapsody to a
personal stereo like Apple's iPod, but the copy protection
prevents you. Äreating or using the software necessary to
make the switch could put you behind bars.
m You'd like to move the tracks you bought from Rhapsody to a
personal stereo like Apple's iPod, but the copy protection
prevents you. Äreating or using the software necessary to
make the switch could put you behind bars.

m You want to distribute your band's music, but the P2P system
that's revolutionized your ability to reach listeners is being
sued out of existence, a company claiming to own a patent to
all streaming media technology is demanding licensing fees,
and record labels are breathing down your neck over the
samples you've looped.
ÿ Electronic Frontier Foundation
m j



    




  
 

ÿ 



m Richard Stallman
m Richard Stallman

m I believe that all generally useful information

should be free. By 'free' I am not referring to
price, but rather to the freedom to copy the
information and to adapt it to one's own uses...
When information is generally useful,
redistributing it makes humanity wealthier no
matter who is distributing and no matter who
is receiving
m èawrence èessig, Director of a center for Ethics at Harvard
University, and a Professor of èaw at Harward èaw School
m èawrence èessig, Director of a center for Ethics at Harvard
University, and a Professor of èaw at Harward èaw School

m ³Piracy is wrong, but the structure of copyright should be

changed, at the moment we see two extremes
clashing against each other´
m èawrence èessig, Director of a center for Ethics at Harvard
University, and a Professor of èaw at Harward èaw School

m ³Piracy is wrong, but the structure of copyright should be

changed, at the moment we see two extremes
clashing against each other´

m Makes all his books available for free at his

Website, and is using creative commons
m Breaking down businesses as usual
m Breaking down businesses as usual

m Äreation of new business models

m David Thoreau ± civil disobedience 1849.
m David Thoreau ± civil disobedience 1849.

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m Äan illegal file sharing be connected to the main ideas of Äivil
Disobedience by David Thoreau and therefore acknowledged
as morally right, if you believe the copyright and intellectual
property legislation of today is outdated and therefore wrong`?
m What are the legal and moral issues involved in this
case?
m What are the legal and moral issues involved in this
case?

m How are the two different kinds of different issues from

each other? How are they related to each other?
m What are the legal and moral issues involved in this
case?

m How are the two different kinds of different issues from

each other? How are they related to each other?

m Identify and distinguish the ³systemic, corporate, and

individual issues´ involved in this case.
èegal issues Moral issues
 èegal issues Moral issues
m Napster enabled others to make
and distribute copies and
copyrighted music.
 èegal issues Moral issues
m Napster enabled others to make
and distribute copies and
copyrighted music.

m An individual has no right to give

multiple copies of their music to
others even if the individual has
paid for the original ÄD.
 èegal issues Moral issues
m Napster enabled others to make
and distribute copies and
copyrighted music.

m An individual has no right to give

multiple copies of their music to
others even if the individual has
paid for the original ÄD.

m For music companies: there was a

correlation between Napster use
and decreased ÄD purchases.
m So they decided to use law to sue
Napster
 èegal issues Moral issues
m Napster enabled others to make and m For students and fans: Napster
distribute copies and copyrighted helped the music companies by
music. allowing people to hear than they
then went out and purchased.
m An individual has no right to give
multiple copies of their music to
others even if the individual has
paid for the original ÄD.

m For music companies: there was a

correlation between Napster use
and decreased ÄD purchases.
m So they decided to use law to sue
Napster
 èegal issues Moral issues
m Napster enabled others to make and m For students and fans: Napster
distribute copies and copyrighted helped the music companies by
music. allowing people to hear than they
then went out and purchased.
m An individual has no right to give
m For music companies: If everyone
multiple copies of their music to
was allowed to copy music without
others even if the individual has
paying for it, eventually the music
paid for the original ÄD.
companies would stop producing
music and musicians would stop
m For music companies: there was a creating it.
correlation between Napster use
and decreased ÄD purchases.
m So they decided to use law to sue
Napster
 èegal issues Moral issues
m For students and fans: Napster
m Napster enabled others to make and helped the music companies by
distribute copies and copyrighted allowing people to hear than they
music. then went out and purchased.

m For music companies: If everyone

m An individual has no right to give
multiple copies of their music to
others even if the individual has
paid for the original ÄD.
m For music companies: there was a
m Several musicians claim that the
correlation between Napster use
and decreased ÄD purchases.
m So they decided to use law to sue
Napster
was allowed to copy music without
paying for it, eventually the music
companies would stop producing
music and musicians would stop
creating it.
web give them a way to put their
music before millions of potential
fans without the support of the
music companies.
m How are the two different kinds of different issues from
each other? How are they related to each other?

èegal Moral
m How are the two different kinds of different issues from
each other? How are they related to each other?

èegal Moral
Is it right to download
³protected´ music?
m How are the two different kinds of different issues from
each other? How are they related to each other?

èegal Moral
Is it right to download
³protected´ music?
Is it fair to punish people who
downloads music for free?
m How are the two different kinds of different issues from
each other? How are they related to each other?

èegal Moral
Is it right to download
³protected´ music?
Is it fair to punish people who
downloads music for free?

What are the limits to respect

the others?
m Identify and distinguish the ³systemic, corporate, and
individual issues´ involved in this case
m Identify and distinguish the ³systemic, corporate, and
individual issues´ involved in this case
  Systemic Issues: The expansion of illegal music
downloading on internet and the legal system made to
protect intellectual property.
m Identify and distinguish the ³systemic, corporate, and
individual issues´ involved in this case
  Systemic Issues: The expansion of illegal music
downloading on internet and the legal system made to
protect intellectual property.

  Äorporate Issues: The legal responsibility of the

website Napster. But also big music companies which
are losing so much billion $.
m Identify and distinguish the ³systemic, corporate, and
individual issues´ involved in this case
  Systemic Issues: The expansion of illegal music
downloading on internet and the legal system made to
protect intellectual property.

  Äorporate Issues: The legal responsibility of the

website Napster. But also big music companies which
are losing so much billion $.

  Individual Issues: an individual who used Napster to

copy music ³illegally´. But does he really think it is
illegal to have free content on the web?
m In your judgment, was it morally wrong for Shawn
Fanning to develop and release his technology to the
world given its possible consequences?
m In your judgment, was it morally wrong for Shawn
Fanning to develop and release his technology to the
world given its possible consequences?

m Was it morally wrong for an individual to use Napster¶s

website and software to copy for free the copyrighted
music on another person¶s hard drive?

ÿ If you believe it was wrong, then explain exactly why it was

wrong.
m If you believe it was not morally wrong, then how
would you defend you views against the claim that
such copying is stealing?
m If you believe it was not morally wrong, then how
would you defend you views against the claim that
such copying is stealing?

m Assume that it was not illegal for an individual to copy

music using Napster. Would there be anything immoral
with doing so?

ÿ Explain.
m Assume that it is morally wrong for a person to use
Napster¶s website and software to make a copy of
copyrighted music.
m Assume that it is morally wrong for a person to use
Napster¶s website and software to make a copy of
copyrighted music.

m Who, then, would be morally responsible for this

person¶s wrongdoing?
m Was Napster, the company, morally responsible?
m Was Napster, the company, morally responsible?

m Was the operator to the server or that portion of the

Internet that the person used morally responsible?
m Was Napster, the company, morally responsible?

m Was the operator to the server or that portion of the

Internet that the person used morally responsible?

m Was if the person did not know that the music was
copyrighted or did not think that it was illegal to copy
copyrighted music?
m Was Napster, the company, morally responsible?

m Was the operator to the server or that portion of the

Internet that the person used morally responsible?

m Was if the person did not know that the music was
copyrighted or did not think that it was illegal to copy
copyrighted music?

m Would only the person himself be morally responsible?

m Do the music companies share any of the moral
responsibility for what has happened?
m Do the music companies share any of the moral
responsibility for what has happened?

m How do you think technology like Napster is likely to

change the music industry?
m Do the music companies share any of the moral
responsibility for what has happened?

m How do you think technology like Napster is likely to

change the music industry?

m In your judgment, are these changes ethically good or

ethically bad?
i