David Evans evans@cs.virginia.edu
Simple Facts Distributing copyrighted music is stealing Stealing is wrong - Even when the poor steal from the rich
So, what’s the controversy?
Radio vs. Webcast What’s the difference between playing a song on the radio (which record companies pay stations to do) and webcasting a song on the Internet (which webcasters must pay to do)?
Terrestrial radio stations don't pay sound recording copyright owners. Why should webcasters be treated any differently? Terrestrial radio stations don't pay sound recording copyright owners. Why should webcasters be treated any differently? The lack of a broad sound recording performance right that applies to US terrestrial broadcasts is an historical accident… For decades, the US recording industry fought unsuccessfully to change this anomaly while broadcasters built very profitable businesses on the creative works of artists and record companies. The broadcasters were simply too strong on Capitol Hill. However, with the birth of digital transmission technology, Congress understood the importance of establishing a sound recording performance right for digital transmissions, and did so in 1995 with the Digital Performance Right in Sound Recordings Act ("DPRA")…. RIAA’s Webcasting FAQ
Peer-to-Peer File Sharing
Napster
Napster Illegal A&M Records v. Napster, Feb 2001 Contributory Copyright Infringement - There is evidence of direct copyright infringement by Napster users
- Napster knows about and contributes to this infringement: centralized server with index of files
Shutting Down Napster
FastTrack (Morpheus/KaZaA)
Morpheus Legal MGM v. Grokster - district Court judgment, currently under appeal: - Since there is no centralized index of files, no control over infringing uses
- Like VCRs, can be used to violate copyright, but substantial non-infringing uses also
Gnutella
Preventing Copying Law: use penalties to deter copying - DMCA
- Copyright Infringement Lawsuits
Failed Attempt: SDMI Secure Digital Music Initiative - Industry consortium to establish standards for digital music
SDMI-compliant players enforce access control based on data - Make direct copies of a CD, but not copies of a copy
Watermarking technology broken, no consensus among manufactures
Digital Rights Management Trusted Computing Platform (Palladium, “Next Generation Secure Computing Base”) – Intel/Microsoft/IBM/HP/AMD Tie software to a particular machine: music downloaded for one PC will not play in another PC - Applications are encrypted using key stored in special processor hardware
- Hash of machine state used to verify the PC has not been tampered with
Owner no longer controls PC
Digital Millennium Copyright Act (1988) Bans circumvention of technological measures to control access Bans distribution of tools (including information) used for circumvention
DMCA Abuses Academics threatened to prevent publishing vulnerabilities in SDMI watermarking Dimitry Sklyarov arrested (acquitted are 18 months) for working on program that circumvents Adobe’s ebook access controls
RIAA Lawsuits 1,568 subpeonas to ISPs and colleges Up to $150,000 per infringement (= 1 song) Sued 261 for copyright infringement (including 12 year-old) - People with fast net connections
- KaZaA automatically determines if you are a supernode (unless you configure it to prevent this)
A Nation of Criminals! 200 M people who have sung “Happy Birthday” without paying performance rights fees 150 M Speeders 60 M File Sharing Copyright Violators 1 M Lemonade Stands violating sales tax, payroll tax, minimum wage, etc. laws!
Summary Stealing is still wrong - Even if you can do it without getting caught
- Even if you think the RIAA is evil
Music Industry should stop treating its best current and future customers as the enemy! Good, legal, music distribution sites will be very successful - Apple’s iTunes, MusicMatch, Napster 2.0
- More industry revenues possible through subscription fees than selling CDs
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