The Yellow Jacket

Peer to Peer File Sharing

2007-11-18T21:52:00.000-08:00

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

The Uniqueness and Widespread Acceptance of Sports Fans in Comparison to Other Fans

2007-11-18T21:43:00.000-08:00

Perhaps one of the most uniform and significant aspects of today’s culture is sports. Sports act as an equalizer among people due to the widespread availability of sports and the ability for fans to actively participate in them. It is this consistency found in sports that create a unique type of fan, in the sports fan. These sports fans have several similarities and differences with other fans that totally set them apart. One of the major questions that is raised by the uniformity and uniqueness of these fans is the question of whether or not sports fans or more socially accepted than other fans and if so why is this true.

The first among the many facets that make up the sports fan that I will analyze and research to answer the problem mentioned above, is how do the differences between sports fanfiction and the other forms of fanfiction contribute to the nature of sports fans? Perhaps the main thing that makes sports fanfiction unique is the widespread availability of it through sources such as the Internet, books, and magazines. In fact, often times, people do not even realize they are participating in fanfiction. For instance, the hugely popular realm of fantasy sports serves as an outlet for fans to communicate and share ideas, thoughts, and views of teams and players of virtually all sports. Unlike fans of other genres, such as anime, these fans generally do not even realize that they are participating in fanfiction.

The second major part of the sports fan I will analyze is how the nature of sports effect the fans ability to interact. Unlike other fans, sports fans have the special opportunity to participate as fans of their sports through live, unscripted events. Sports are a unique fandom in that they unfold in real time and do not follow set scripts or storylines. This adds a very different aspect to sports fans, as tit allows them to participate through predictions, attendance of live events, and betting.

A third major aspect of sports that greatly impact the sports fan is the global widespread accessibility of sports. Almost anywhere in the world, a fan of any type of sport can be found. This is shown greatly in worldwide events such as the Olympics, The World Cup, and The World Baseball Classic. Through events like these it is easy to see that sports fans exist worldwide and have the ability to easily communicate and share ideas with fans of similar sports via cell phone, Internet, magazines, etc. In America, for instance, sports serve as one of the most watched shows on television, making virtually everyone the easy ability to become a sports fan.

Through my current research, I have generated the hypothesis that sports fans are indeed more widespread socially accepted than other fans. This is due to the widespread nature of sports, the uniqueness of sports fanfiction, and the distinctive ability for fans of sports to interact and participate in their fandom.

Social Networking and the College Community

2007-11-18T15:32:00.000-08:00

Social networking sites, such as Facebook and Myspace, are online communities in which individuals can communicate with people in their social network and meet new people. These sites have become increasingly popular, which has lead to their increasing impact on society. One specific aspect of social networking sites are their impact on the lives of college students and the college community as a whole. While social networking sites are a good medium for communication, some problems result due to the prominence of these sites.

As college students make the transition from their high school community to that of college they must take part in the process of making new friends and maintaining old ones. This is generally difficult as many students move away from their homes and to new, unfamiliar territory. Through social networking sites like Facebook, college students can meet their new peers while still being able to communicate with their old ones. A study in the Journal of Computer-Mediated Communication showed that the primary purpose of college Facebook users is to stay in contact with high school friends, followed closely by connecting with people in their classes (1156). Social networking sites also allow freshmen to connect more easily with one another through networks. These networks link people with commonalities so that they may communicate through the website. Networks can be focused on regions, schools, workplaces, or a variety of other things. Many students are part of their college network. Through these networks, students can connect with peers who share similar interests, learn about events and activities going on around campus, and find other students in their classes. This feature of social networking sites provides freshmen with a helpful way to assimilate into the college community.

Although social networking sites can provide a medium through with college students can become involved on campus, there are other aspects of social networking sites to consider. Many social networking sites raise the issue of privacy. By posting information on these websites, users could be attracting internet predators. A number of students post their phone numbers, addresses, and even room numbers. In the survey done in the Journal of Computer-Mediated Communiation, 20% of students surveyed said that they had their mobile phone number on their Facebook profile (1156).

In December 2005, University of Maryland student Josie Brown was killed by another UMBC student John Gaumer, whom she had met through MySpace. This is just one example of the crimes that have resulted through communication on these social networking sites. To combat crimes resulting from the sites, some precautionary measures have been taken. In particular, MySpace has restrictions on age and does not allow convicted sex offenders to possess accounts.

While the negative aspects of social networking do need to be examined, it is important to recognize that through user awareness, these sites can provide very positive experiences. College students should use social networking sites to supplement their traditional college social life. By using social networking sites solely to connect with college peers and stay in touch with old high school friends, the negative aspects of social networking can be alleviated.

Ellison, Nicole, Charles Steinfield, Cliff Lampe. “The Benefits of Facebook “Friends:” Social Capital and College Students’ Use of Online Social Network Sites.” Journal of Computer-Mediated Communication 12(4)2007: 1143-1168.

A&M Records, Inc. v. Napster Inc.: An Issue of Copyright Infringement

2007-11-08T18:52:00.000-08:00

In the case of A&M Records, Inc. v. Napster, Inc., several record companies (including A&M Records, Inc.) filed a lawsuit against Napster, Inc. At the time of the lawsuit, Napster was an Internet service that facilitated the transfer of music files among its users. It was considered to be a peer-to-peer network, because it allowed files to be transmitted directly to from one user to another. The record companies involved in the case alleged that Napster was “liable for contributory infringement and vicarious infringement” (A&M Records, Inc., et al. v. Napster, Inc.) because its users were exchanging copyrighted audio files. Napster defended itself, arguing that the Digital Millennium Copyright Act exempt it from such a lawsuit.

In August 2000, the court determined that the exchange of music files by Napster did not constitute as fair use and that Napster did contribute to the infringement by providing a medium for peer-to-peer file transfer.

Napster appealed this initial ruling, allowing the case to be revisited in the Court of Appeals. While the appellate court agreed with the decision that Napster was facilitating copyright infringement, it emphasized another important aspect of the issue. This court determined that Napster could eventually be used in beneficial ways that would not infringe upon copyright laws. As a result of the lawsuit, Napster was forced to reconstruct its system in order to abide by the copyright laws set forth.

One may argue that fan creation is perhaps the same as A&M Records v. Napster. One can argue that fans who create stories or videos are borrowing and distributing intellectual property that does not originate from them or belongto them, the same as Napster. Rebecca Tushnet would disagree, "Fans acknowledgecopyright owner's legitimate economic interests, but maintain that theiractivities do not hurt and can even help revenues by authorized works,"(Tushnet 64). Fan practices are an expansion of an author's original art; itcannot replace the original canonical text. Napster, however, sought to replacethe method for distribution of art and as such was brought to court. Fanstransform the author's work, which is protected under the Fair Use clause.Napster merely retransmitted the original work which is why the program waseventually declared illegal.

Another aspect that Tushnet addresses in “Copyright Law, Fan Practices, and the Rights of the Author” is that of giving credit to the original artists. She argues that most fans are “sensitive to the interests of copyright owners” when creating fan fiction and making it available to the public (Tushnet 64). In fact, many fans even put a disclaimer on their works asking the copyright owner not to sue them. This truth regarding fan fiction, however, did not prove true in the 2001 copyright case, A&M Records, Inc. v. Napster, Inc. In this case Napster, a music file sharing company, was charged for copyright infringement. Napster was giving people access to free downloads of other artists’ music. Even more, Napster was not appropriately disclaiming their ownership of the products they were giving away. This particular aspect completely reverts away from exactly what usually keeps fan fiction authors away from copyright cases and added to the conviction of Napster of copyright infringement.

Tushnet, Rebecca. Fan Texts: From Aesthetic to Legal Judgments: “Copyright Law, Fan Practices, and the Rights of the Author.” (60-70)

A&M Records, Inc., et al. v. Napster, Inc. No. 00-16401 & 00-16403. United States Court of Appeals for the Ninth Circuit. 8 Sept. 2000.

Analyzing a Fanfiction Site

2007-09-27T18:06:00.000-07:00

http://www.lotrfanfiction.com/

One of the appeals of fanfiction writing that Jenkins talks about in his chapter is the appeal to be able to share ideas in a comfortable setting. When you first open the browser for www.lotrfanfiction.com, you immediately notice the dark color scheme. On the left hand side is a neat display of statistics of the site, such as member count, story count and an impressive word count. Just below gives you the option to change the display theme and below that is a friendly poll asking which Lord of the Rings movie was the best. All of these added features are welcoming to any new user who just has any general questions about what the site contains, an interactive activity to get the user engaged as well as options for aesthetic pleasure. It peaks interest to engage the viewer. For the returning user, on the right hand side is a box containing the most recent story posts for quick viewing.

The meat of the site is structured very nicely. When browsing through the actual fanfictions, one is able to choose whether one wants to look at the stories organized by author, title, category and so forth. Even before clicking on the story you may want to read, there is a display giving all the classifications of the story, down to what characters are involved.

The “Lord of the Rings Fanfiction” is a very tidy site. Finding what you are looking for within the genre of Lord of the Rings fanfiction is very easy. The site is a little lacking graphically but it more than makes up for it in its exact and sensible layout.

Henry Jenkins defines media literacy as not only being able to use media, but also being able to contribute to media. The Lord of the Rings fan fiction website is a perfect example of this participatory literacy. While many fans may go to the website only to read stories posted by others, many fans also post their own stories and provide feedback to others. For each story that is posted, there is a section for the readers to review it. Also in this section, the writer can respond to the comments left by different readers. In addition to this outlet for feedback, each member has a profile through which you can contact them directly. Information provided on the website’s homepage shows that while there are only 2,250 members, there are over 3,000 stories and over 13,000 reviews. This data shows that the members of the Lord of the Rings fan community exemplify Jenkins’s definition of participatory literacy.

On this fanfiction website devoted solely to Lord of The Rings based fanfiction, there are not many problems that some up within the realm of intellectual property rights. First of all, a vast majority of the site’s posts are stories about characters somewhat related to Lord of The Rings but in the main story line. For this reason, it is likely that the copyright owners of Lord of The Rings do not have a problem with people using the basic setting and theme as a basis for their own stories because they are not branching off of the main aspects that make Lord of The Rings so popular in our culture. The site does however have a statement saying “This site is in no way affiliated with the respective copyright owners associated with these works”. The purpose of this statement is to inform the users and visitors of the website that it is not affiliated with the owners of Lord of The Rings. The statement and the site’s content do however raise a few questions concerning intellectual property rights such as what action would be taken if the copyright owners of Lord of The Rings felt that the site had begun to infringe upon their rights?

One of the issue the site may raise for conservative groups is that children may be reading offensive material. The site takes preventative measures against this by giving itself a self-imposed rating system. www.lotrfanfiction.com helps to prevent children from accidentally stumbling upon unsuitable material by warning the user of its contents. Obviously, there is no way to check the age of the user before allowing them access, but the site gives an honest try.

Not all feedback given by readers on the website seems that it would be helpful in an individual’s development of his or her writing skills. Many reviews say as little as “great” or “nice.” It may even be hard for the writer to take some of these reviews seriously because the grammar of the reader may be poor.

"Towards a Theory of Visual Argument" Summary

2007-09-09T15:45:00.000-07:00

In “Toward a Theory of Visual Argument,” David Birdsell and Leo Groarke want their readers to improve their understanding of visual argument. They feel that visual argument is as important as verbal argument and that it should be recognized and treated as such. To help the reader gain a better understanding of visual argument, Birdsell and Groarke present the reader with three main issues: the issue of clarity, the issue of context, and the issue of resemblance and representation.

For their first point, Birdsell and Groarke compare the clarity of visual argumentation to that of verbal argumentation. They argue that both can be vague, so the claim that visuals are not clear enough is invalid. Birdsell and Groarke take a similar approach for the issue of context. They use the example of context clues used in reading and say that this concept should also be applied when analyzing visuals. The last point offered by Birdsell and Groarke is that of resemblance and representation. The authors give clear examples of the difference between resemblance and representation by mentioning symbols that may represent certain things, but that don’t necessarily resemble them.

Birdsell and Groarke close by bringing up a minor point about the difference between persuasion and argument. They then reiterate their points regarding clarity, context, and resemblance and remind the reader that an understanding of visual argumentation is an important part of a comprehensive understanding of argument.

Rock Trust Advertisement

2007-09-09T15:38:00.000-07:00

This advertisement sends a clear and powerful message with its simple illustration. At first glance, ones eyes are immediately drawn towards the brutal snapshot of a child being beaten in the form of a childhood trophy. The effect it simple, there are no distractions from the image the advertisers want us to see, the only other object in the advertisement is a nondescript cabinet. It’s the violence, the cruel stance of the older man, and the helpless position of the child that grabs the attention of the viewer.

The argument in the advertisement is that childhood violence is a problem that needs to be taken care of. By juxtaposing the image of brutality with the a small trophy that represents a memory of childhood, one that should be pure, the author gives the argument that too many children are being victimized by domestic violence. The small caption at the bottom with its request for a small donation, gives the argument that there is a way out. This image taps into a large audience, predominantly middle and upper class families. Mothers especially seem to be targeted, as emphasized by the emotional appeal.

Among the main tools that this advertisement implements in order to gain the attention of its audience is the use of pathos, the appeal to human emotion. The startling image immediately grabs the attention of the audience making them think of the brutality of child and domestic abuse. The advertisement also utilizes ethos in that it is conveying the fact that child abuse is unethical and that we should do something about it. However, the pathos appeal of it serves as the key attention grabbing aspect of the advertisement.

In this advertisement by Rock Trust, an organization devoted to the prevention of child abuse, the picture is the main focal point. However, the limited amount of text does work to enhance the effect on the advertisement’s audience. The phrase, “Some childhoods are more memorable than others” dominates the visible text and works with the picture to emotional stir its audience. The phrase alone does not necessarily convey anything about child abuse. However, in combination with the brutal picture, it works to define the emotional result the advertisement intends to invoke in its audience; a result that makes the reader aware of the atrocity of child abuse and sparks a desire to do something about it.

2007-08-26T14:53:00.000-07:00