WikiLeaks : the Napster of secrets?

WikiLeaks has become a global phenomenon, and its founder and spokesman Julian Assange an international celebrity (or terrorist, depending on one’s perspective). But perhaps this focus on Assange and his website is as misplaced as the attacks against Napster and its founders were a decade ago: WikiLeaks itself only marks a new phase in a continuing shift in the balance of power between states and citizens, much as Napster helped to undermine the control of major music labels over the music industry. If the history of music filesharing is any guide, no level of punitive action against WikiLeaks and its supporters is going to re-contain the information WikiLeaks has set loose.

WikiLeaks : The Napster of Secrets?

WikiLeaks has become a global phenomenon, and its founder and spokesman Julian Assange an international celebrity (or terrorist, depending on one’s perspective). But perhaps this focus on Assange and his website is as misplaced as the attacks against Napster and its founders were a decade ago: WikiLeaks itself only marks a new phase in a continuing shift in the balance of power between states and citizens, much as Napster helped to undermine the control of major music labels over the music industry. If the history of music filesharing is any guide, no level of punitive action against WikiLeaks and its supporters is going to re-contain the information WikiLeaks has set loose.

Napster: Infinite digital jukebox or pirate bazaar?

This paper considers the copyright litigation over the file-sharing program, Napster. The first section examines the culture of collecting at work in Napster. The next part examines the litigation by the major record companies and Metallica against Napster. The final section considers the future of file-sharing, looking at alternatives to Napster, such as Filetopia, Freenet, Gnutella, MP3board.com and streaming media.

How can entrepreneurial musicians use electronic social networks to diffuse their music

Principal Topic: ''In less than ten years music labels will not exist anymore.'' Michael Smelli, former Global COO Sony/BMG MCA/QUT IMP Business Lab Digital Music Think Thanks 9 May 2009, Brisbane Big music labels such as EMI, Sony BMG and UMG have been responsible for promoting and producing a myriad of stars in the music industry over the last decades. However, the industry structure is under enormous threat with the emergence of a new innovative era of digital music. Recent years have seen a dramatic shift in industry power with the emergence of Napster and other file sharing sites, iTunes and other online stores, iPod and the MP3 revolution. Myspace.com and other social networking sites are connecting entrepreneurial artists with fans and creating online music communities independent of music labels. In 2008 the digital music business internationally grew by around 25% to 3.7 Billion US-Dollar. Digital platforms now account for around 20% of recorded music sales, up from 15 % in 2007 (IFPI Digital music report 2009). CD sales have fallen by 40% since their peak levels. Global digital music sales totalled an estimated US$ 3 Billion in 2007, an increase of 40% on 2006 figures. Digital sales account for an estimated 15% of global market, up from 11% in 2006 and zero in 2003. The music industry is more advanced in terms of digital revenues than any other creative or entertainment industry (except games). Its digital share is more than twice that of newspapers (7%), films (35) or books (2%). All these shifts present new possibilities for music entrepreneurs to act entrepreneurially and promote their music independently of the major music labels. Diffusion of innovations has a long tradition in both sociology (e.g. Rogers 1962, 2003) and marketing (Bass 1969, Mahajan et al., 1990). The context of the current project is theoretically interesting in two respects. First, the role of online social networks replaces traditional face-to-face word of mouth communications. Second, as music is a hedonistic product, this strongly influences the nature of interpersonal communications and their diffusion patterns. Both of these have received very little attention in the diffusion literature to date, and no studies have investigated the influence of both simultaneously. This research project is concerned with the role of social networks in this new music industry landscape, and how this may be leveraged by musicians willing to act entrepreneurially. Our key research question we intend to address is: How do online social network communities impact the nature, pattern and speed that music diffuses? Methodology/Key Propositions : We expect the nature/ character of diffusion of popular, generic music genres to be different from specialized, niche music. To date, only Moe & Fader (2002) and Lee et al. (2003) investigated diffusion patterns of music and these focus on forecast weekly sales of music CDs based on the advance purchase orders before the launch, rather than taking a detailed look at diffusion patterns. Consequently, our first research questions are concerned with understanding the nature of online communications within the context of diffusion of music and artists. Hence, we have the following research questions: RQ1: What is the nature of fan-to-fan ''word of mouth'' online communications for music? Do these vary by type of artist and genre of music? RQ2: What is the nature of artist-to-fan online communications for music? Do these vary by type of artist and genre of music? What types of communication are effective? Two outcomes from research social network theory are particularly relevant to understanding how music might diffuse through social networks. Weak tie theory (Granovetter, 1973), argues that casual or infrequent contacts within a social network (or weak ties) act as a link to unique information which is not normally contained within an entrepreneurs inner circle (or strong tie) social network. A related argument, structural hole theory (Burt, 1992), posits that it is the absence of direct links (or structural holes) between members of a social network which offers similar informational benefits. Although these two theories argue for the information benefits of casual linkages, and diversity within a social network, others acknowledge that a balanced network which consists of a mix of strong ties, weak ties is perhaps more important overall (Uzzi, 1996). It is anticipated that the network structure of the fan base for different types of artists and genres of music will vary considerably. This leads to our third research question: RQ3: How does the network structure of online social network communities impact the pattern and speed that music diffuses? The current paper is best described as theory elaboration. It will report the first exploratory phase designed to develop and elaborate relevant theory (the second phase will be a quantitative study of network structure and diffusion). We intend to develop specific research propositions or hypotheses from the above research questions. To do so we will conduct three focus group discussions of independent musicians and three focus group discussions of fans active in online music communication on social network sites. We will also conduct five case studies of bands that have successfully built fan bases through social networking sites (e.g. myspace.com, facebook.com). The idea is to identify which communication channels they employ and the characteristics of the fan interactions for different genres of music. We intend to conduct interviews with each of the artists and analyse their online interaction with their fans. Results and Implications : At the current stage, we have just begun to conduct focus group discussions. An analysis of the themes from these focus groups will enable us to further refine our research questions into testable hypotheses. Ultimately, our research will provide a better understanding of how social networks promote the diffusion of music, and how this varies for different genres of music. Hence, some music entrepreneurs will be able to promote their music more effectively. The results may be further generalised to other industries where online peer-to-peer communication is common, such as other forms of entertainment and consumer technologies.

[Den musikindustriella förändringen fortsätter och en tjänstebaserad musikekonomi börjar ta form] [in Swedish]

Det har nu gått mer än tio år sedan en student vid Northeastern University i USA lanserade den första fildelningstjänsten som blev framgångsrik bland den breda allmänheten (e.g. Alderman 2001). Lanseringen av tjänsten, som kallades Napster, ses ofta som inledningen på ett av de mest dramatiska decennierna i musikbranschens historia. En lång rad internetbaserade tjänster som följt i Napsters spår har gjort det möjligt att sprida musik till miljontals användare utan att upphovsmän och rättighetsinnehavare fått någon ersättning. Katt-och-råtta-leken mellan lagstiftning och teknik har varit intensiv och har utvecklats till ett av decenniets allra hetaste diskussionsämnen bland politiker och ledarskribenter. Försäljningen av inspelad musik har sjunkit dramatiskt och musikbranschen har tvingats ifrågasätta många väletablerade sanningar. Det här kapitlet belyser ett antal fundamentala aspekter av denna förändring och utforskar några av den ”nya” musikbranschens viktigaste karaktäristika. Under den tid som musikbranschen har beforskats har vanligtvis betoningen legat på fonogrammen, det vill säga den del av branschen som rör produktion och konsumtion av inspelad musik. På grund av branschens förändrade struktur kommer dock det här kapitlet att vidga perspektivet en smula och även inkludera musikbranschens andra delar som exempelvis konserter och förlagsverksamhet...

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.

The Pirate Bazaar: The Social Life of Copyright Law

This thesis provides a cultural history of Australian copyright law and related artistic controversies. It examines a number of disputes over authorship, collaboration, and appropriation across a variety of cultural fields. It considers legal controversies over the plagiarism of texts, the defacing of paintings, the sampling of musical works, the ownership of plays, the co-operation between film-makers, the sharing of MP3 files on the Internet, and the appropriation of Indigenous culture. Such narratives and stories relate to a broad range of works and subject matter that are protected by copyright law. This study offers an archive of oral histories and narratives of artistic creators about copyright law. It is founded upon interviews with creative artists and activists who have been involved in copyright litigation and policy disputes. This dialogical research provides an insight into the material and social effects of copyright law. This thesis concludes that copyright law is not just a ‘creature of statute’, but it is also a social and imaginative construct. In the lived experience of the law, questions of aesthetics and ethics are extremely important. Industry agreements are quite influential. Contracts play an important part in the operation of copyright law. The media profile of personalities involved in litigation and policy debates is pertinent. This thesis claims that copyright law can be explained by a mix of social factors such as ethical standards, legal regulations, market forces, and computer code. It can also be understood in terms of the personal stories and narratives that people tell about litigation and copyright law reform. Table of Contents Prologue 1 Introduction A Creature of Statute: Copyright Law and Legal Formalism 6 Chapter One The Demidenko Affair: Copyright Law and Literary Works 33 Chapter Two Daubism: Copyright Law and Artistic Works 67 Chapter Three The ABCs of Anarchism: Copyright Law and Musical Works 105 Chapter Four Heretic: Copyright Law and Dramatic Works 146 Chapter Five Shine: Copyright Law and Film 186 Chapter Six Napster: Infinite Digital Jukebox or Pirate Bazaar? Copyright Law and Digital Works 232 Chapter Seven Bangarra Dance Theatre: Copyright Law and Indigenous Culture 275 Chapter Eight The Cathedral and the Bazaar: The Future of Copyright Law 319

International copyright law: A book review

n his 1994 book, Copyright's Highway, Paul Goldstein made the telling prophecy: The celestial jukebox may also portend more revolutional changes in international copyright markets. As the celestial jukebox disseminates information and entertainment over the air and without regard for national boundaries, the importance of the nation-state as a traditional guarantor of copyright may be replaced by international institutions such as the newly established World Trade Organization. In retrospect, it was an accurate prediction. The celestial jukebox has shown little respect for national boundaries. In particular, ephemeral file-sharing programs such as Napster, Freenet and Filetopia have posed difficulties for copyright law. International treaties have taken on larger significance and international institutions such as the World Intellectual Property Organization and World Trade Organization have assumed a greater role in regulating international copyright markets.

Introduction to "Business innovation and disruption in the music industry"

Similar to most other creative industries, the evolution of the music industry is heavily shaped by media technologies. This was equally true in 1999, when the global recorded music industry had experienced two decades of continuous growth largely driven by the rapid transition from vinyl records to Compact Discs. The transition encouraged avid music listeners to purchase much of their music collections all over again in order to listen to their favourite music with ‘digital sound’. As a consequence of this successful product innovation, recorded music sales (unit measure) more than doubled between the early 1980s and the end of the 1990s. It was with this backdrop that the first peer-to-peer file sharing service was developed and released to the mainstream music market in 1999 by the college student Shawn Fanning. The service was named Napster and it marks the beginning of an era that is now a classic example of how an innovation is able to disrupt an entire industry and make large swathes of existing industry competences obsolete. File sharing services such as Napster, followed by a range of similar services in its path, reduced physical unit sales in the music industry to levels that had not been seen since the 1970s. The severe impact of the internet on physical sales shocked many music industry executives who spent much of the 2000s vigorously trying to reverse the decline and make the disruptive technologies go away. At the end, they learned that their efforts were to no avail and the impact on the music industry proved to be transformative, irreversible and, to many music industry professionals, also devastating. Thousands of people lost their livelihood, large and small music companies have folded or been forced into mergers or acquisitions. But as always during periods of disruption, the past 15 years have also been very innovative, spurring a plethora of new music business models. These new business models have mainly emerged outside the music industry and the innovators have been often been required to be both persuasive and persistent in order to get acceptance from the risk-averse and cash-poor music industry establishment. Apple was one such change agent that in 2003 was the first company to open up a functioning and legal market for online music. iTunes Music Store was the first online retail outlet that was able to offer the music catalogues from all the major music companies; it used an entirely novel pricing model, and it allowed consumers to de-bundle the music album and only buy the songs that they actually liked. Songs had previously been bundled by physical necessity as discs or cassettes, but with iTunes Music Store, the institutionalized album bundle slowly started to fall apart. The consequences had an immediate impact on music retailing and within just a few years, many brick and mortar record stores were forced out of business in markets across the world. The transformation also had disruptive consequences beyond music retailing and redefined music companies’ organizational structures, work processes and routines, as well as professional roles. iTunes Music Store in one sense was a disruptive innovation, but it was at the same time relatively incremental, since the major labels’ positions and power structures remained largely unscathed. The rights holders still controlled their intellectual properties and the structures that guided the royalties paid per song that was sold were predictable, transparent and in line with established music industry practices.

Music, Padlocks and the Commons

Depuis l’avènement des formats de compression numérique et des services d’échange point à point (Peer-to-Peer) comme Napster, l’industrie du disque est en émoi. Plus fondamentalement, il y a lieu de se questionner sur ce qui apparaît comme une crise d’efficacité du droit d’auteur. Si les copistes semblent avoir pris de court de puissants intérêts, les contre-mesures ne sauraient tarder à venir. L’apparition de protections techniques ­ Trusted Systems ­ présage une ère de contrôle total par les titulaires de droits. L’«hyper efficacité» bouleversera le rapport à l’œuvre, entraînant du même souffle un déséquilibre dans les dimensions privée et publique du droit d’auteur.

Efectos reglamentarios y jurisdiccionales del derecho comunitario Andino sobre el derecho administrativo colombiano

Este trabajo se soporta sobre una base conformada por dos conceptos, que constituyen el horizonte contextual de la investigación: Derecho Administrativo y Comunidad de integración. Es claro que al hablar de una Comunidad de integración específica como la Comunidad Andina (CAN), incide de forma directa en la actividad del derecho administrativo.Ha sido necesario que los países que conforman los grupos de integración económica cedan parte de sus competencias para crear un ordenamiento jurídico de orden supranacional, el cual modifica la dinámica social de las relaciones comerciales y afecta la estructura de la administración pública, haciendo que el derecho administrativo no se limite a interactuar solo con derecho nacional. Esta mutua dependencia de las políticas internas y las regionales se realiza, entonces, cada vez que existe participación y compromiso de los Estados frente a las decisiones, de carácter vinculante o no. En esa medida surge el problema de investigación tendiente a esclarecer cómo ha sido la adopción de las decisiones e interpretaciones, emanadas de los mecanismos oficiales del Derecho Comunitario Andino, en el ordenamiento jurídico colombiano. La existencia de varios puntos de vista con respecto a la obligatoriedad o no de dicha adopción, moldea un tema de suficiente amplitud y profundidad para ser estudiado en un trabajo de investigación.

Team A (Group 23)

This website has been created to raise awareness of potential issues surrounding file sharing and the penalties than can be imposed if you are caught sharing copyrighted content.

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.

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.

Gerenciamento distribuído e flexível de protocolos de alto nível, serviços e aplicações em redes de computadores

As redes de computadores experimentam um grande crescimento não apenas em tamanho, mas também no número de serviços oferecidos e no número de protocolos de alto nível e aplicações que são executados sobre elas. Boa parte desses software (ex.: ICQ e Napster), em geral, não está diretamente ligada a aplicações críticas, mas o seu uso não controlado pode degradar o desempenho da rede. Para que se possa medir o impacto dos mesmos sobre a infra-estrutura, mecanismos de gerência ligados à contabilização e caracterização de tráfego são desejáveis. Por outro lado, alguns protocolos, serviços e aplicações (ex. servidores DNS e Web) suportam aplicações e precisam ser monitorados e gerenciados com maior atenção. Para essa classe de software de rede, a simples contabilização e caracterização de tráfego não é suficiente; tarefas de gerência como teste de serviços, detecção e manipulação de falhas, medição de desempenho e detecção de intrusão são importantes para garantir alta disponibilidade e eficiência da rede e aplicações. As ferramentas existentes para essa finalidade são, entre aspectos, (a) não integradas (necessidade de uma ferramenta para monitorar cada aplicação), (b) centralizadas (não oferecem suporte à distribuição de tarefas de gerenciamento) e (c) pouco flexíveis (dificuldade em gerenciar novos protocolos, serviços e aplicações). Nesse contexto, a tese propõe uma arquitetura, centrada na monitoração passiva em temporal do tráfego de rede, para gerenciamento distribuído de protocolos de alto nível, serviços e aplicações em rede. Baseada da MIB (Management Information Base) Script do IETF (Internet Engineering Task Force), a arquitetura Trace oferece mecanismos para a delegação de tarefas de gerenciamento a gerentes intermediários, que interagem com agentes de monitoração e agentes de ação para executá-las. A tese propõe também PTSL (Protocol Trace Specification Language), uma linguagem gráfica/textual criada para permitir que gerentes de rede especificam as interações de protocolos (traços) que lhes interessam monitorar. As especificações são usadas pelso gerentes intermediários para programar os agentes de monitoração. Uma vez programadas, esses agentes passam a monitorar a ocorrência dos traços.As informações obtidas são analisadas pelos agentes intermediários, que podem requisitar de ação a execução de procedimentos (ex: scripts Perl), possibilitando a automação de diversas tarefas de gerenciamento. A arquitetura proposta é validada por um protótipo: a plataforma de gerenciamento Trace.