Free Articles  >>  Entertainment >>  Page 365  >> 

Do You Download Music Over A File Sharing Network

It can be estimated that millions of people around the world share music over a file-sharing network. For this article, I am addressing the issue in America mainly because I am not aware of the laws in other countries. Do you think it is illegal to download music from file-sharing networks? What about music you already own? An important recent court decision will answer these questions directly and you might be surprised.

Recently the United States Court of Appeals for the Seventh Circuit heard a case against a Chicago woman, Cecilia Gonzalez. Many plaintiffs including BMG, Sony and others brought the case against her. Gonzalez allegedly had downloaded over 1,000 songs through KaZaA—although she admitted to only 30. Keep that number in mind, 30. Many, if not just about all, people who download files over a file-sharing network don’t stop at one file. Thirty files can be reached in minutes to an hour without thought. In fact, it was alleged that Gonzalez downloaded 1,370 songs in just a few weeks, which is an average of 65 songs per day.

If you where caught downloading thirty songs over a file-sharing network, what would your defense be? Let’s look at two specific common defenses and see how a court might react. I have selected two defenses that I feel are most common, because they not only appear in the court case I have referenced, but many others I have surveyed would try to use them as their defense as well.

First Defense: I was simply trying out the songs to see if I liked them and then I planned to buy the ones I liked and erase the ones I don’t. (Simplified: try-before-you-buy)

Judge Eastbrook, one of the judges hearing the Gonzalez case, pointed out that this defense is not valid because one had many avenues to hear music before purchasing. Eastbrook names iTunes, radio, internet radio, Yahoo! Music and others as ways to legally try before buying. If this was going to be your defense, you will lose.

Second Defense: I am only downloading music that I already own.

This seems like a great defense, at first. You already own the music and the law allows you to create a backup copy. Ah, but here is where it goes south. Downloading music you already own is not considered fair use under the U.S. Copyright Law and your action is therefore copyright infringement. See UMG Recordings Inc. v., Inc., 92 F. Supp. 2d 349.

Furthermore, the try-before-you-buy scenario is really blown away by the fact that you no longer need to buy CD’s in whole. iTunes really helped change the legal arena in this respect because a user can both sample songs at their leisure and purchase single songs. The ability to purchase single songs is the big one.

In the end, Gonzalez lost her case. The thirty songs, that would have cost $29.70 at iTunes, will end up costing her $22,500 in damages—imagine what it would be if the plaintiffs had pushed for a decision on all 1,370 songs. She was given the opportunity to settle for $3,500 before going to court, which she declined—another bad decision. If you download music over file-sharing networks and are caught, what will be your legal defense?

About Author "Jason A. Martin" :

Jason A. Martin is a Journalism Major (Political Science minor) and future law school student. His blog deals with Politics, Media and the Law. You can view it at <a href="" target="_blank"></a> To keep up to date with Mr. Martin’s articles, visit <a href="" target="_blank"></a>

Article Source:
Article Url:

Article Added on Tuesday, January 3, 2006
Publishers / Webmasters
Article ID: 34356
DELINK URL from Authors Bio
REMOVE Article
Tell A Friend
Leave A Comment!
Download this article in PDF
Report Article!
Search through all the articles:

258 Users Online!!
Related Articles:
Latest Articles:
Entertainment >> Top 50 Articles on Entertainment
Category - >
Advertising Advice Affiliate Programs Automobiles
Be Your Own Mentor Careers Communication Consumers
CopyWriting Crime Domain Names DoT com Entrepreneur Corner
Ebooks Ecommerce Education Email
Entertainment Environment Family Finance And Business
Food & Drink Gardening Health & Fitness Hobbies
Home Business Home Improvement Humour House Holds
Internet And Computers Kiddos and Teens Legal Matters Mail Order
Management Marketing Marriage MetaPhysical
Motivational MultiMedia Multi Level Marketing NewsLetters
Pets Psychology Religion Parenting
Politics Sales Science Search Engine Optimization
Site Promotion Sports Technology Travel
Web Development Web Hosting WeightLoss Women's Corner
Writing Miscellaneous Articles Real Estate Arts And Crafts

Disclaimer: The information presented and opinions expressed in the articles are those of the authors
and do not necessarily represent the views of and/or its owners.

Copyright © AwareINDIA. All rights reserved || Privacy Policy || Terms Of Use || Author Guidelines || Free Articles
FAQs Link To Us || Submit An Article || Free Downloads|| Contact Us || Site Map  || Advertise with Us ||
Click here for Special webhosting packages for visitors of this website only!
Vastu Shastra

Multi Domain Hosting Provided By AwareIndia

Company IDS