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Introduction
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According to Justice Sandra Day O'Connor,
copyright protection, far from being inconsistent with the rights
of free speech and freedom of information, is the very engine of free expression. Over two hundred years ago,
Benjamin Franklin, Thomas Jefferson, James Madison, and the other
champions of American democracy, considered copyright protection
and the ownership of intellectual property so essential and
complimentary to freedom of speech that they included a mandate
for it in Article I, Section 8 of the U.S. Constitution.
While varying definitions of
democracy exist, the issue of property protection remains a key
element in describing such a society.
For some, democracy is comprised of the principles of
social equality and respect for the individual within a community.
Thus, in a democracy, individuals have the right to demand
protection and respect of their own products from others.
Yet, consider the controversy over the use of software
file-sharing clients, such as Napster and Kazaa, in order to
download music and movies.
Without
adequate copyright protections and enforcement, the fruits of
human creativity are severely diminished. Uncompensated creators
are not afforded the time, the resources, or other incentives to
create. The Framers recognized that innovation and creativity was
instrumental to our country’s economic health when they
empowered Congress, in the Constitution, to protect copyrighted
property. |
Historical Precedence |
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The breakdown of the copyright system in
post-Soviet
Russia
, a nation with a rich history of creative accomplishment, can
teach us all a lesson. Just as the structures of totalitarianism
were being removed from the lives of Russian creators, the
traditions of copyright protection of property and enforcement of
such laws were abandoned. The result has been the near ceasing of
output of creative works and other properties in that culture.
Most senior members of Congress are pressuring the Justice Department to
invoke a little-known law: the No
Electronic Theft (NET) Act. Under the NET Act, signed by
President Clinton in 1997, it is a federal crime for a person to
share copies of copyrighted products such as software, movies or
music with friends and family members if the value of the work
exceeds $1,000. Violations are punishable by one year in prison,
or if the value tops $2,500, not more than five years in prison.
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Copyright Infringement
and Napster |
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Napster consists of simply a
website, a few employees, and about a hundred or so powerful
computers known as servers. By connecting to these computers with
special software, Napster members can search one another's hard
drives for music files, downloading free of charge any songs they
discover. The
opportunity to share music quickly and without charge has been
greeted with more enthusiasm by listeners than by the music
industry. Some argue
this is due to the fact that record companies/artists are angry
over the millions lost through such a site.
This is only partly true.
Though some may complain of the price mark-up on regular
CDs, the music is still the product of the artists and record
companies. By
listening to it and bypassing them in order to make your own CD,
it can be argued that you are essentially stealing their property,
as no payment is being rendered for it and they are receiving no
financial exchange for their product.
It would be one thing if the artist put their music on the
web themselves for people to download.
Yet, Napster and programs of the like are stealing
another’s property (their music) without permission, which
accordingly equals copyright infringement.
Copyright infringement occurs
when a person copies another’s copyrighted items without
permission, which is exactly the case with Napster. By
its own admission, Napster is responsible for making millions of
MP3 files widely available to users around the world. As alleged
by the RIAA in its complaint, the overwhelming majority of those
recordings are pirated. Napster
claims that it is trying to promote unknown artists, but its own
website advertised that, with Napster, "you can forget wading
through page after page of unknown artists" and "you'll
never come up empty handed when searching for your favorite artist
again!" Thus,
Napster provides its users with all the facilities and means to
engage in copyright infringement.
It is not democratic, given the definition cited above, for
Napster to provide copyrighted materials without permission from
the artist and/or record companies who own the rights to their
property. |
Conclusion
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At no other time in history has it been more
important for the public to recognize the value of copyright
protection of property than in the Information Age. The threat of
piracy, which is simply the use of someone else's creative work
without permission or compensation, has grown dramatically with
the Internet. The Net offers almost anyone with access a computer
and a modem the ability to engage in the unauthorized, mass
distribution of any type of creative work, thus essentially
stealing one’s property without just compensation or
authorization. With the simple push of a button, one can easily
destroy the global monetary value of an author’s property,
thereby making copyright protection possibly even more important
in the virtual world than in the physical one. |
Links
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http://www.riaa.org/index.cfm
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Website
for the Recording Industry Association of America, the leading
force in bringing legal suits against internet piracy
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http://www.nmpa.org/
| Homepage
for the National Music Publishers’ Association, which calls
for the protection of music copyrights in an age of rapid
technological changes. |
http://www.politechbot.com/docs/cbdtpa/hollings.cbdtpa.release.032102.html
| Statement
by Senator Ernest F. Hollings on the introduction of “The
Consumer Broadband and Digital Television Act of 2002,”
which aimed to secure copyrighted content on the internet. |
http://news.com.com/2100-1023-949533.html?tag=politech
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A
news article by Declan McCullagh on the NET Act and its
effects on individuals who swap music or movies on the
internet |
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