Essay on "Illegal File Sharing"

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Essay 4 pages (1387 words) Sources: 3 Style: MLA

[EXCERPT] . . . .

Illegal File-Sharing

It seems so easy -- like a victimless crime, hence its commonality. However, if this is the case, then why have so many musical artists known for their support of free speech and free use of the World Wide Web taken such a strong stance against illegal file sharing? It is true that illegal file sharing is theft. Although the object cannot be seen and touched like a physical object in the 'real world' the theft of intellectual property, like a work of music downloaded without paying the artist his or her required royalty, is still theft. Artists fear for the loss of their livelihoods, given the fear that benefiting from copyrighting is the only way they can make money from their songs, tunes, and lyrics. but, that being said, how does the government go about enforcing laws against file-sharing online in a way that protects consumer freedom to download music and the freedom of computer programmers to create file-sharing technology, as well as the freedom of musical artists? Because it is almost impossible to prosecute individual users, regulatory agencies have tried to exercise oversight against the providers of the file-sharing services. While it may be appropriate to do so in some cases, as in the case of Napster, in recent cases, the courts and Congress have gone too far in trying to regulate file-sharing and have impinged upon the individual liberties of Internet users in doing so.

The most famous case of copyright infringement upon the Internet was that of Napster and so it has provided the model for most cases that have followed since. The type of file sharing on Napster was eventually declared illegal. Napster was found guilty of committing contribut

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ory infringement of copyright laws in Napster a & M. Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000). Napster was described as a wheel within the hub the center of illegal network activity. "All file transfers went to the center and then were uploaded from there," in the way the file-sharing system worked (Hersche 2005). "Napster managers could delete uploads and was fully in charge of all traffic, therefore committed contributory infringement of copyright laws. Contributory infringement is inducing, causing, or materially contributing to the infringing conduct of a third party, 'with knowledge of the infringing activity'" (Hersche 2005).

However, the Napster decision set a dangerous precedent for creating an over-zealous environment of regulating music downloading and creating file-sharing technology. For example, in a later case, the file-sharing system Grokster argued that its Fast Track network has legitimate purposes: although its "Fast Track" or "peer-to-peer" technology allowed users to download software indexing media files on their computer, and make those files available for others to download, Grokster argued that "illegal downloading and uploading of copyrighted materials is beyond the control of the software designers," while the Supreme Court argued that as the apparent purpose of the software was to encourage illegal downloading, it had to be disbanded entirely (Hersche 2005).

Ironically, the same argument could be made of a Xerox machine that has both legitimate and illegitimate uses in terms of copying books and other printed material. The illegal use lies in the way the material is disseminated, not in the technology itself! Furthermore, it is worth noting that similar arguments about technology infringing upon copyrights were made against the use of Betamax and VHS before these technologies became ubiquitous in the 1980s. Movie studios were afraid they would go bankrupt, if individuals could tape programs on cassettes, and watch them whenever they desired in the comforts of their home. "Universal Studios Inc. And Walt Disney Productions Inc. accused the Sony Corporation and several other defendants of infringing their copyrights," but "the Supreme Court reversed the appeals court's ruling [and] held that since the harm to copyright owners from home-taping was minimal and speculative, home taping should be considered fair use (Liebowitz 1985, p. 2). The Justices used the Fair Use Doctrine to support their decision, holding that although VHS could be used for illegitimate purposes, upholding the idea that "the fair use of a copyrighted work, including such use by reproduction in… READ MORE

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Quoted Instructions for "Illegal File Sharing" Assignment:

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Writing 101: Topic: Illegal File Sharing Essay

Argummentive Essay

Background

This assignment will be much more like a typical college essay you may be assigned in other courses. You will be given a broad topic, and you will be expected to narrow down your subject to a specific THESIS, and write an ARGUMENT in support of that thesis.

Task

You will write an essay that takes and supports a position on a specific subject related to illegal file sharing

Please notice that the task does not ask you to simply write a paper about file sharing....it asks for some specific things:

1. narrow your subject down, but keep it related to illegal file sharing

2. take and support a position: this paper is to be an argument.

You have gone through the process of writing an argumentative essay already. Work to narrow your focus and develop your ideas with thorough support.

Specs

The following are the minimum requirements for your essay. If your paper does not meet these requirements, there is a very good chance you will not be happy with your grade:

*****¢ Use MLA Format

*****¢ Your paper must be directly in response to the above topic. Informative papers about file downloading will not be accepted. Be specific with your points--you are trying to prove something.

*****¢ Avoid being accused of plagiarism--make your paper uniquely specific.

*****¢ Your paper must be 4th page. Papers that do not meet this requirement will suffer extreme point reductions.

Tips

You will be more successful in your essay if you do the following:

*****¢ Stay specific with your topic. Remember, you are only writing about one specific point about file

sharing....not necessarily about why it is always good or always bad. Think about what issue you want to tackle, and what position you want to argue on that issue.

*****¢ You will not be graded on what your opinion is, but you will be graded on how you present and support it the ideas. Be passionate, but (much more important) be logical and academic, also. Find an effective mix of professionalism and verve.

*****¢ Use a specific introduction and conclusion to frame your argument.

Evaluation

I'll be grading your essay based on the following criteria. Please read these carefully, as they are slightly different from other essays' grading criteria.

Focus (25 points)

You should pick a topic/focus that requires discussion or debate. The more interesting and successful topics will be those that are not the obvious ones (Most artists are against file sharing), but rather other aspects that may not be talked about so much. This means that doing some light research (Google, magazines, library, MySpace, wherever) and learning more about the topic will be to your benefit. You should be only looking at ONE aspect of the file sharing umbrella topic.

Development (25 points)

As you argue for your one point concerning file sharing, really get in there and explain how and why your point is the correct way to think about this issue.

Remember, you need to consider you audience as people who have not made their minds up yet, so you need to persuade them--don't let them make up their own minds...tell them what to think and why!

Organization (25 points)

Closely linked with focus and development, the organization of your essay allows you to reach and persuade your audience in the most effective way possible. Your explanations should be grouped together and related to your appropriate topic sentences. On the larger scale, your paper should present your support reasons in a logical order. Use your introduction and conclusion to frame your argument.

Mechanics (25 points)

Edit! Edit! Edit! Make your language smooth...Make it better--not just good enough. Remember, you are trying to wow your audience. Make this something that interests them and that they want to read. Proofread! Proofread! Proofread! Your paper should have NO mistakes in spelling, grammar, and MLA format.

How to Reference "Illegal File Sharing" Essay in a Bibliography

“Illegal File Sharing.” A1-TermPaper.com, 2008, https://www.a1-termpaper.com/topics/essay/illegal-file-sharing-seems/7437546. Accessed 5 Oct 2024.

Illegal File Sharing (2008). Retrieved from https://www.a1-termpaper.com/topics/essay/illegal-file-sharing-seems/7437546

A1-TermPaper.com. (2008). Illegal File Sharing. [online] Available at: https://www.a1-termpaper.com/topics/essay/illegal-file-sharing-seems/7437546 [Accessed 5 Oct, 2024].

”Illegal File Sharing” 2008. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/illegal-file-sharing-seems/7437546.

”Illegal File Sharing” A1-TermPaper.com, Last modified 2024. https://www.a1-termpaper.com/topics/essay/illegal-file-sharing-seems/7437546.

[1] ”Illegal File Sharing”, A1-TermPaper.com, 2008. [Online]. Available: https://www.a1-termpaper.com/topics/essay/illegal-file-sharing-seems/7437546. [Accessed: 5-Oct-2024].

1. Illegal File Sharing [Internet]. A1-TermPaper.com. 2008 [cited 5 October 2024]. Available from: https://www.a1-termpaper.com/topics/essay/illegal-file-sharing-seems/7437546

1. Illegal File Sharing. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/illegal-file-sharing-seems/7437546. Published 2008. Accessed October 5, 2024.

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