0.5 Napster, grokster, and the riaa lawsuits  (Page 5/5)

The RIAA chose to stop using lawsuits to fight illegal downloading in December of 2008, after filing nearly 35,000 lawsuits (McBride and Smith 2008, B1-B7). It was just over five years from the first lawsuits. It has since begun a procedure of working with ISPs to deny access to “serial downloaders” (Zilkha 2010, 668-713).

Conclusion

We can learn from this history that when an established, profitable industry is threatened, the owners of the industry will work to defend it. In the case of the recording industry, they used copyright as their tool. In its simplest state, a copyright guarantees payment to the creator. The RIAA used the image of the musicians, studio workers, and music store owners losing their livelihood to illegal downloading. However, one long-term recording musician told it another way: “Costing me money? I don't pretend to be an expert on intellectual property law, but I do know one thing. If a music industry executive claims I should agree with their agenda because it will make me more money, I put my hand on my wallet...and check it after they leave, just to make sure nothing's missing” (Ian 2002).

Glossary:

Contributory liability : “when the defendant also knows of the infringement and materially contributes to it.” (Kemp)

IP Address : An “Internet Protocol.” The IP address is a string of numbers which can identify a particular machine on an Internet network.

Subpoena : A court order issued at the request of a party requiring a witness to testify, produce specified evidence, or both. A subpoena can be used to obtain testimony from a witness at both depositions (testimony under oath taken outside of court) and at trial. Failure to comply with the subpoena can be punished as contempt of court. (Nolo.com Dictionary) (External Link)

Vicarious liability : “when the defendant directly financially benefits from the infringement.” (Kemp)

Study questions :

1. Why was Napster found to be infringing copyright?
2. Why did the Fannings believe that Napster was a legal system?
3. Why was Grokster found to be infringing copyright?
4. What role did the Sony decision play in the Napster and Grokster lawsuits?
5. Why did the Supreme Court come to a different ruling than the 9 ^th Circuit Ct or the Los Angeles Federal Ct about Grokster?
6. What are some reasons a musician would oppose downloading?
7. What are some reasons a musician would approve of downloading?

Bibliography

Chapter 6: Napster, Grokster, and the RIAA Lawsuits

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Kravets, David. "Copyright Lawsuits Plummet in Aftermath of RIAA Campaign." Wired (Online) (May, 2010, 2010).

McBride, Sarah and Ethan Smith. "Music Industry to Abandon Mass Suits." Wall Street Journal 252, no. 145 (December 20, 2008, 2008): B1-B7.

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Zilkha, Genan. "The RIAA's Troubling Solution to File-Sharing." Fordham Intellectual Property, Media&Entertainment Law Journal 20, no. 2 (Winter 2010, 2010): 668-713.