Peer to Peer File Sharing

For the people in my generation, peer to peer file sharing has been around ever since we were kids. I was only in middle school when the famous A&M Records vs. Napster case was first publicized on the news. Many of my friends hardly knew any other alternative to obtain music other than through file sharing. We wanted music the easiest way we could get it. However, we were unaware of all of the effects peer to peer file sharing has: on the music industry, from producers, to executives and artists, on the legal system, the internet service providers and on the consumers themselves. This projects aims to explore the controversy surrounding the phenomenon of peer to peer file sharing, and the ramifications the service has on the music industry, consumers, and the Internet.

Peer to peer file sharing has many negative connotations in today’s society, but the practice is not solely a vehicle for thievery. As Guy Pessach states, Peer to peer file sharing has advantages in “inducing technological innovation and in terms of enabling the production and distribution of diversified content portfolios, including content that otherwise would not have been produced and distributed, such as educational, documentary, and political materials,” (Pessach 106). Many artists don’t have big name record companies to promote them, and thus become drowned out along conventional distribution lines. Peer to peer file sharing provides a medium for the smaller artist to reach an incredibly large potential audience base. Pessach argues that the unintended consequences of file sharing can, in fact, provide some social benefits.

One area that some may question is that if one is free to broadcast material to the public, one also has the right to distribute said material to the public. However, as stated in Computer Law & Security Report, there is a distinction in the law. “What we have here is the distinction between the separate right to distribution or making available of copies, and the separate right of public performances or public broadcasting,” (Kleve, De Mulder, van Noortwijk 432). Public communication can only be through commercial routes such as TV, or Internet radio. Performances come at a scheduled time and date. Free access to material is prohibited and thus the integrity of the original art is preserved, according to copyright laws.

These are but a few of the opinions on the subject of peer to peer file sharing. There are both positive externalities and negative externalities to the program, and I aim to explore the subject thoroughly. I will explore more in depth the affects of file sharing on the big name artist and juxtapose the affects with those on the small name artists. Even some of the more famous big name artists, like Radiohead, have opted to distribute their music across the internet to have their music legally available to all who desire it. Some small artists, like Sean Kingston and Tila Tequila have started out distributing their music for free on Myspace. Com to great commercial success. There are still plenty of aspects of the subject left to explore, and I intend to unearth a great bit.

Pessach, Guy. "An International-Comparative Perspective onPeer-to-Peer File-Sharing and Third Party Liability in Copyright Law:Framing the Past, Present, and Next Generations' Questions."Vanderbilt Journal of Transnational Law 40.1 (Jan. 2007): 87-133.

Kleve, Pieter, De Mulder, Richard and van Noortwijk, Kees. "Information technology in intellectual property law - Problem solving or window dressing?" Computer Law & Security Report Sep. 2007. vol 23, issue 5: 427-435