Business Law and Ethics Napster Case

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Table of content
Table of content pages Introduction......................................................................................... 1

The internet piracy Napster case and other peer to peer system...........1-3
What should be done to stop internet piracy or make it useful for companies......... 3-4
Conclusion................................................................................................................ 4
References...................................................................................................... 5

INTRODUCTION

During the year 2000 a very big controversial case was judged in the northern district court of California in the united state of America .several recording companies were suing a company known as Napster for contributory and vicarious copyright infringement under the US digital millennium copyright act (DMCA).Napster was created by Shawn fanning and Sean parker in 1999. It was basically a peer to peer system, a peer to peer system is a system which allows internet users to share directly files rather than use a website or a directory in the case of Napster it was a peer to peer system specializes only on mp3 music. This system made it easy for user to download copies of songs that were otherwise very difficult to obtain. This system was a real problem for the recording company because people obtained latest songs without spending any money and that was a huge lost for the artist and the recording companies that what leads the Napster case to the court. A copyright refers to the laws that regulate the use of the work of a creator such as an artist or an author. This includes copying, distributing, altering and displaying creative, literary and other types of work. Unless written on a contract, the author of a work detains the copyright of his work. Copyright infringement is the unauthorized or unlicensed copying of a work subject to copyright and that is what Napster have been accused of. Napster defence was based on the fact that it was just a peer to peer system so its role was just to link users who wanted to share songs and that they did not stock any music in their system so they were not responsible for copyright infringement even with this argument Napster lost the case and shut down in 2001. The Napster case shows how it is easy nowadays to access to music illegally through the internet without spending any money. The real question here is how to stop this type of activity, what should be employed to stop them and try to keep the internet more secure for the copyright holders.

THE INTERNET PIRACY NAPSTER CASE AND OTHER PEER TO PEER SYSTEM Piracy is acquired something illegally. In this case it is about acquired illegally an intellectual property.An intellectual property is a skill or knowledge owned by an individual. We can determine three types of intellectual the first one is creative works, including music, written material, movies, and software, which are protected by copyright law; the second one is inventions, which are protected by patent law; and the third one is brand-name products, which are protected by trademarks. Most of the problems about piracy have to do with the difference between intellectual and physical property. A CD, for example, is a physical property, but the songs on the CD are intellectual property. A customer in a record store can purchase a CD, but someone else still owns—or more precisely, has the copyright to—the songs on the CD. Piracy is a huge issue for the entertainment and software companies and usually piracy involves violation of the copyright law. Copyright is a legal right that protects creative works from being reproduced, performed, or disseminated without permission of the copyright owner. Essentially, a...
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