10 Music Download Legal Points
By Vicente Applegate
Everybody's doing it: downloading music and
sharing files. People who share music files
on the Internet argue that downloading is
legal; today they can be sued by the record
industry. Can one be sued without a great
intrusion into personal lives of an individual?
1. Enjoy music downloads from safe
and legal sources. Get the facts and not
the scare tactics, about online music
services.
2. The prosecution has to able to prove,
with adequate evidence, that the IP address
used for music downloads can be linked
to the person accused of illegal content
sharing. There is a growing concern for
"privacy". Legal experts worry
about the "intrusiveness" of
Internet monitoring in order to prove
a court case.
3. These IP address--numbers--given to
user by the ISPs are dynamic and change
rapidly. The starting point is to establish
that there is enough bona fide evidence
to prosecute.
4. It is difficult to a pin an IP address
on any one person. The IP numbers that
some ISPs assign to their users can change
from one "session" to the next.
The music industry must be able to link
file-sharers to specific IP addresses
at the times those addresses were used
for file sharing.
5. Since their are personal freedoms
involved, the courts want to make sure
that the individual is revealed to the
public.
6. These copyright allegation lawsuits
are a minefield, because they involve
the personal information of the defendant.
7. In Canada, under its privacy laws,
people are protected through court confidentiality
orders. In the United States, the Recording
Industry Association of America (RIAA)
must get a order to reveal the downloader's
identity.
8. It is difficult to give a definitive
decision on the interpretation copyright
law itself.
9. The legal tactics of the U.S. recording
industry, which have been suing individuals
for sharing music on-line. The entire
music industry has changed dramatically.
Since file sharing began, there has been
an increase in the popularity of DVDs
and video games that have put recording
sales revenue in a slump.
10. The Recording Industry Association
of America (RIAA) desires the industry
be compensated for losses due to copying,
but what decision would make it a flat-out
victory. Can the recording industry prove
that its bottom line was really affected
by file-sharing. In the U.S. the RIAA
can sue for statutory damages of $750
per song on a file-sharer's hard drive.
But look dramatic price cuts by "big
box" retailers. Once selling music
files for charging 99 cents a song was
the norm, now look at Yahoo who now offers
$60 a year for all you can eat program.
How can the RIAA or CRIA claim such high
damages?
Downloading music has been around only
a few years and is still evolving. A good
road map is needed for what we have to
do in the future in the area of copyright
on the Internet. It doesn't mean copyright
law does not protect "content".
For sure, whatever rulings are arrived
at, will have long-term effects for us
all.
Vincente Applegate
Dedicated to offering news, articles,
and instruction on online music downloads.
You have a definite choice of music sources
online. Visit http://www.anymusicdownload.com
for more information.
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