Hail to the thief: A tribute to Kazaa

This paper considers the ongoing litigation against the peer to peer network Kazaa. Record companies and Hollywood studios have faced jurisdictional and legal problems in suing this network for copyright infringement. As Wired Magazine observes: ’The servers are in Denmark. The software is in Estonia. The domain is registered Down Under, the corporation on a tiny island in the South Pacific. The users - 60 million of them - are everywhere around the world.' In frustration, copyright owners have launched copyright actions against intermediaries - like Internet Service Providers such as Verizon. They have also embarked on filing suits of individual users of file-sharing programs. In addition, copyright owners have called for domestic and international law reform in respect of digital copyright. The Senate Committee on Government Affairs in the United States Congress has reviewed the controversial use of subpoenas in suits against users of file-sharing peer to peer networks. The United States has encouraged other countries to adopt provisions of the Digital Millennium Copyright Act 1998 (US) in bilateral and regional free trade agreements.

Courting kazaa : judicial approaches towards P2P networks in the US and Australia

As with the litigation involving its predecessor Napster, cases involving the Australian based P2P service Kazaa and its US licensees Grokster and Morpheus required from the courts to balance the legitimate interests of the computer industry and the public in new and advanced technologies on the one hand and of so-called "content providers " of the media and entertainment industry on the other hand. The article examines, how US and Australian courts have approached this task and, in spite of differences in the legal frameworks of the two countries, have reached similar conclusions.

Rip, mix, burn: The politics of peer to peer and copyright law

Whereas Lessig's recent work engages with questions of culture and creativity in society, this paper looks at the role of culture and creativity in the law. The paper evaluates the Napster, DeCSS, Felten and Sklyarov litigation in terms of the new social, legal, economic and cultural relations being produced. This involves a deep discussion of law's economic relations, and the implications of this for litigation strategy. The paper concludes with a critique of recent attempts to define copyright law in terms of first amendment rights and communicative freedom.

Investigation of the value chain for creative products : a phenomenological study of the perceptions of music intermediaries

During the past decade, innovative digital technology and Internet marketplaces have created a variety of 'phenomena' of businesses, media and institutions considered to be important interaction channels in the music industry, along with an influx of Peer-to-Peer services such as Napster, and Kazaa shifting the business models of major music labels and distributors. Considering the Australian Music Association reported an annual retail turnover of approximately $300 million in 1992 and later in 1999, an increase in figures reported at $396.8 million with the inclusion of music DVD sales, the notion of value-adding to a music product emerges as a profitable venture at each length of the music industry's value chain. In spite of this, Australian studies have often overlooked the underlying perceptions, fears and ideas of those working within the value chain, especially regarding the impact of new technology on their roles. This paper identifies the perceptions of various intermediaries within the Australian Music Industry, identifying common themes and viewpoints amongst the study's participants. Consequently, the paper concluded that the perception of value in the music industry is somewhat influenced by a variety of factors, including music knowledge, communication and dependence on intermediaries to name a few. Common themes were revealed throughout the study include the perception of competitive advantage, new opportunities from new technology and the notion of defining a gimmick versus Value-Adding emerged as indicative of adding value from the study participants.

OST : A transaction based online social trust model for social network and file sharing security

The continuous growth of the users pool of Social Networking web sites such as Facebook and MySpace, and their incessant augmentation of services and capabilities will in the future, meet and compare in contrast with today's Content distribution Networks (CDN) and Peer-to-Peer File sharing applications such as Kazaa and BitTorrent, but how can these two main streams applications, that already encounter their own security problems cope with the combined issues, trust for Social Networks, content and index poisoning in CDN? We will address the problems of Social Trust and File Sharing with an overlay level of trust model based on social activity and transactions, this can be an answer to enable users to increase the reliability of their online social life and also enhance the content distribution and create a better file sharing example. The aim of this research is to lower the risk of malicious activity on a given Social Network by applying a correlated trust model, to guarantee the validity of someone's identity, privacy and trustfulness in sharing content.

Music Piracy on Peer-to-Peer Networks

Content providers from the music industry argue that peer-to-peer (P2P) networks such as KaZaA, Morpheus, iMesh, or Audiogalaxy are an enormous threat to their business. They furthermore blame these networks for their recent decline in sales figures. For this reason, an empirical investigation was conducted during a period of 6 weeks on one of the most popular files-sharing systems, in order to determine the quantity and quality of pirated music songs shared. We present empirical evidence as to what extent and in which quality music songs are being shared. A number of hypotheses are outlined and were tested. We studied, among other things, the number of users online and the number of flies accessible on such networks, the free riding problem, and the duration per search request. We further tested to see if there are any differences in the accessibility of songs based on the nationality of the artist, the language of the song, and the corresponding chart position. Finally, we outline the main hurdles users may face when downloading illegal music and the probability of obtaining high quality music tracks on such peer-to-peer networks.