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Property Con

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Introduction

Property rights have been seen as essential to democracy by many scholars.  The copyright laws which fall under this notion, however, have been argued to be unjustified.  In fact many use this sort of defense for the right of Napster’s existence. 

Many argue that copyright laws serve as a beneficial protector of creativity and wealth of authors, this however does not account for the other side which suffers at the hands of redistributed property.  Also the question arises whether creative works of art are actually “tangible” pieces of property at all.
The Case of Napster

Napster, a peer-to-peer file-sharing system, enjoyed tremendous popularity when it was still in use.  One of the many common arguments in its defense was the high cost of CDs in comparison the free Napster music.  Many believe the prices charged by the music industry to be outrageous and see the Napster battle as the little guy’s right to free information vs. huge corporate interests trying to rip them off.  The RIAA (recording industry of A me rica) charges around $16-20 for a CD that costs about 50 cents to make and only gives about $2 of the purchase price back to the artist.  At the same time evidence suggests that file-sharing has actually led to a boost in record sales.

In addition to the above argument, many feel that the copyright laws me ant to protect music cannot compete with peer-to-peer file-sharing programs.  Napster was simply shut down because it was the most popular offender at the time .  MP3 music-sharing, despite Napster’s court losses, has continued and doesn’t seem to be lessening.  Many people have turned to the countless other music-sharing programs such as kazaa and imesh.  

What About Community Rights?
So me suggest that the private property culture currently present in today’s society has led to a deterioration of community rights and responsibilities.  This leads to a degradation of the environment and a greedy populace unconcerned with future generations.  In other words it’s another example of the “Tragedy of the Commons.”  People have become overly concerned with who owns what and “me” and “mine” that the idea of community and “ours” and the value of sharing has diminished.

Conclusion

Now is the time to realize that copyright protection laws are unable to prevent the free file-sharing of the Internet.  The medium is one that focuses on community values and only works when information can be freely accessed and utilized by everyone.  The overemphasis of property ownership in America has reached a threatening level that could hurt the very nature of our democratic principles of participation and shared experience if it is not contained.

Links

http://www.lewrockwell.com/orig/kinsella2.html

A legal defense of Napster as well as an argument against copyright protection laws.

http://www.atpm.com/7.01/barline.shtml

A web page explaining the markup of CDs and their distribution to artists

http://www.s-t.com/daily/03-01/03-11-01/a11op037.htm

Another defense of Napster highlighting many personal responses.

http://www.atnewyork.com/news/article.php/8471_458151

An article suggesting that record sales have increased since the advent of Napster.

http://www.giantleap.org/envision/private.htm

Articles pointing at various fallbacks of a private property culture

click here to view the pro argument!