This past October, new legislative measures in the United States and across the globe came down hard on the world of internet piracy. Perhaps the most significant result of the new legislation is that Limewire, the popular and heavily-utilized peer-to-peer file-sharing application, was forced to shut down. Upon hearing the news, I immediately asked myself the following questions:
1) What on earth is file-sharing???
2) Will this legislation put an end to internet piracy?
3) Will this legislation succeed in limiting copyright infringement without obstructing our fundamental rights (such as such as freedom of expression, the right to privacy, etc)?
4) How are these legislative measures logical?
After consulting with a group of friends who patiently educated me on the concept of file-sharing, its history, and its potential illegal uses, I came to the conclusion that this legislation will likely not spell the end of online copyright infringement. More precisely, these newly enacted laws will likely do nothing to curtail the practice of online piracy as we know it, at least not in the foreseeable future. Consider the following points:
- Limewire was initially released in May of 2000, meaning it took over 10 years for the legal shutdown to occur.
- Technically, Limewire hasn’t been completely shutdown yet. Older versions of the software (those prior to v5.5.11) are still working just fine.
Now, assuming the contrary (that these new laws will successfully put an end to internet piracy), would our fundamental rights not be impeded in the process? It’s hard to say. Perhaps the fundamental right(s) most relevant to the issue is one’s right to privacy and protection against illegal searches and seizures. That is, does the government have the right to monitor one’s online activity and/or the contents of one’s hard drive without consent and/or probable cause? Further, whether one accesses the web from a public or private location, isn’t the internet essentially a public forum? How much privacy can one really expect? Again, it’s hard to say.
Last but not least, it should be mentioned that the logic being used by our legislators in the fight against internet piracy is seemingly flawed, quite heavily. That is, rather than penalizing the people who actually commit the illegal acts, our legislators are instead coming down on those who create and distribute the software that may be used to facilitate illegal activity. To illustrate the point with a popular analogy: Shouldn’t our government then shut down a gun manufacturer and/or retailer each time a firearm is used to commit a murder or some other violent crime?
Wouldn’t that be sensible?
Even though Limewire was one of the biggest file sharing sites and was shut down recently, it doesn't really matter. Napster was the original Limewire. They were shut down and new sites popped up, with various ways of getting around legislation. Limewire was shut down and now it's only a matter of time before a new file sharing site pops up and people will continue downloading.
ReplyDeleteAs far as legislation goes, the reason they go after people who have created file sharing sites is that they have no way of going after the (probably) millions of people sharing music on the internet. Going after the actual site is the quickest way to stop many different file sharers at the same time.
Legislation is doomed to be behind technology. Technology is constantly progressing and by the time a site or program is shut down 10 more have popped up. Rather than try and fight a losing battle against the record companies should embrace the piracy and use it as free advertising for their artists. The artists do not make a great deal on royalties so they are not as affected by the piracy as the big record companies. The record companies must adapt or risk being rendered useless to the artists.
ReplyDeleteThe software programs are used by millions of different users so going after them is too expensive for governments. It is easier for legislation to go after the distributors and cut the piracy off at the source.
ReplyDeleteYou bring up a great point with the Gnutella applications. They are the epitome of the music piracy industry since its inception with Napster. Governments can pass legislation all they want, but technology will always be one step ahead.
I personally believe that legislation can’t keep up with technology, as you mention it took almost 10 years to “partially” shut down Limewire. I believe the music industry that has to fight the piracy with innovations in anti-piracy technology. Only anti-piracy technology can keep up with piracy technology. By the way that blondie is really hot, I don’t think it was a good example, any man on earth you’d use her services for free without regrets.
ReplyDeleteI agree with the general feeling of above, it is seemingly impossible to ever fully put an end to online piracy. No matter how much legislation is passed, advertising witty advertising campaigns like in the picture you posted (lol! ) or how often sites are taking down, its an endless Whack a Mole game, for every one they put down, the ever increasing demand of consumers to get their music for free results in more and more services popping up to supply them.
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