I Want My MTVI Want My MTV

The Ethical Implications of The Ethical Implications of Downloading Mp3sDownloading Mp3s

What is the RIAA?What is the RIAA?

Recording Industry Association of Recording Industry Association of AmericaAmerica– Represents +500 companies related to Represents +500 companies related to

musicians, artists, and producersmusicians, artists, and producers– Members are responsible for 90% of the Members are responsible for 90% of the

music released in the U.S.music released in the U.S. Includes: BMG, EMI, Sony, Tommy Boy, etc.Includes: BMG, EMI, Sony, Tommy Boy, etc.

According to the RIAA...According to the RIAA...

Online PiracyOnline Piracy– Playing or downloading songs and lyrics Playing or downloading songs and lyrics

from the Internet…from the Internet… Without authorizationWithout authorization Without compensating the artistsWithout compensating the artists

Downloading even one song is piracy, Downloading even one song is piracy, even if it is not resold.even if it is not resold.

The RIAA is a large proponent of the The RIAA is a large proponent of the SDMISDMI

Secure Digital Music InitiativeSecure Digital Music Initiative– Blueprint of standards for electronics Blueprint of standards for electronics

manufacturers and software engineersmanufacturers and software engineers Designed to limit the number of times a music file can Designed to limit the number of times a music file can

be copiedbe copied Helps to enforce copyrightsHelps to enforce copyrights

Will likely go the way of the BetamaxWill likely go the way of the Betamax– Would take away freedoms and institute rules Would take away freedoms and institute rules

where there presently are nonewhere there presently are none Not consumer friendlyNot consumer friendly

What have they done about MP3s?What have they done about MP3s?

LegislateLegislate– v. Diamond (Rio)v. Diamond (Rio)

– Lost. Court found Rio wasn’t a “digital recording device” Lost. Court found Rio wasn’t a “digital recording device” and therefore not subject to government regulationand therefore not subject to government regulation

– v. Mp3.com (Instant Listening and Beam-it)v. Mp3.com (Instant Listening and Beam-it)– Ongoing. RIAA claims lawsuit has nothing to do with Ongoing. RIAA claims lawsuit has nothing to do with

MP3s, only with the fact that mp3.com copied 45,000 CDs MP3s, only with the fact that mp3.com copied 45,000 CDs they did not license.they did not license.

– v. Napsterv. Napster– Ongoing. RIAA found virtually all traffic across Napster’s Ongoing. RIAA found virtually all traffic across Napster’s

servers was illegal, even though Napster does not actually servers was illegal, even though Napster does not actually host any MP3 files.host any MP3 files.

Also, the RIAA has…Also, the RIAA has…

HarassedHarassed– 71 Carnegie Mellon students had internet 71 Carnegie Mellon students had internet

privileges revoked in November, 1999privileges revoked in November, 1999 Result of unannounced, random search of 250 Result of unannounced, random search of 250

student files, some were student files, some were password protectedpassword protected.. Dean of Student Affairs at CMU said search Dean of Student Affairs at CMU said search

was instigated by RIAA after they threatened was instigated by RIAA after they threatened the University with legal actionthe University with legal action

RIAA’s Soundbyting CampaignRIAA’s Soundbyting Campaign

300 universities around the country300 universities around the country According to RIAA, has resulted in a According to RIAA, has resulted in a

10% drop in university music sites 10% drop in university music sites offering illegal downloadsoffering illegal downloads

“We’re finding sites with fewer songs available for download. . .”

-From RIAA’s 1999 MidYear Anti-Piracy Report

“…which means illegal sound recordings…”

“…are becoming harder to find.”-Frank Chreighton RIAA Senior Vice President Director of Anti-Piracy

Where can I find MP3s?Where can I find MP3s?

The WebThe Web– AudioFind.com, mp3.lycos.comAudioFind.com, mp3.lycos.com

Napster / MacsterNapster / Macster– www.napster.com, www.macster.comwww.napster.com, www.macster.com

AppleTalk NetworkAppleTalk Network– Choates, Mass Row, River Cluster, etc...Choates, Mass Row, River Cluster, etc...

Your Hard DriveYour Hard Drive– Admit it.Admit it.

Http://www.macster.com

Official Release Date: February 29, 2000

How much does the industry lose?How much does the industry lose?

““$5 billion every year to piracy $5 billion every year to piracy worldwide--$1 million a day in the U.S.”worldwide--$1 million a day in the U.S.”– Some math:Some math:

$1 million X 365 days = $365 million/yr in $1 million X 365 days = $365 million/yr in U.S.U.S.

$5 billion - $365 million……hmmm…$5 billion - $365 million……hmmm… Are college campuses really doing that much Are college campuses really doing that much

damage?damage?

Will the MP3 boom destroy the Will the MP3 boom destroy the industry?industry?

By midyear 1999, U.S. market had By midyear 1999, U.S. market had sustained 1998’s “phenomenal sustained 1998’s “phenomenal increases,” and added 7% growth in increases,” and added 7% growth in sales.sales.

Net value of all products shipped in the Net value of all products shipped in the U.S. = $6.0 billion by midyear 1999U.S. = $6.0 billion by midyear 1999

““CD Album Product at an All-Time High”CD Album Product at an All-Time High”

-RIAA 1999 Midyear Shipment Report

Can MP3s Be Used for Can MP3s Be Used for GoodGood as Well as as Well as Evil?Evil?

Mp3.com also provides a distribution Mp3.com also provides a distribution service for unsigned bandsservice for unsigned bands– 56,000 songs from 11,000 artists56,000 songs from 11,000 artists– Band “Red Delicious” has #2 hit on the site’s Band “Red Delicious” has #2 hit on the site’s

Top 40, and will open for Tom PettyTop 40, and will open for Tom Petty Has 3rd top selling CD on Mp3.com’s DAM labelHas 3rd top selling CD on Mp3.com’s DAM label Total CD sales? 600.Total CD sales? 600. But, has received calls from several major labels But, has received calls from several major labels

due to their exposure on the websitedue to their exposure on the website

Many Artists Support Mp3sMany Artists Support Mp3s

– ““I love the freedom…You don’t have to answer to I love the freedom…You don’t have to answer to A&R...We don’t have to play by anyone else’s A&R...We don’t have to play by anyone else’s rules.”rules.”

Darryl McDaniel, Run D.M.C.Darryl McDaniel, Run D.M.C.

– ““What you’ve got is…a balancing out…everybody What you’ve got is…a balancing out…everybody will have to share a little bit more” will have to share a little bit more” “The beautiful thing now is I’ll “The beautiful thing now is I’ll have a producer, I’ll have an artist, and he’ll go have a producer, I’ll have an artist, and he’ll go and cut a song and the next day it’s up…It’s like -- and cut a song and the next day it’s up…It’s like -- boww! -- it’s out.”boww! -- it’s out.”

Chuck D, Public EnemyChuck D, Public Enemy

My OpinionMy Opinion

Downloading illegal mp3s is, technically, Downloading illegal mp3s is, technically, ethically wrongethically wrong

Analogous to walking out of a music store with Analogous to walking out of a music store with an armful of CDs without payingan armful of CDs without paying

Cheats the artists, the stores, and the record Cheats the artists, the stores, and the record companiescompanies

RIAA claims this piracy is why the price of CDs RIAA claims this piracy is why the price of CDs continually increasescontinually increases

But it just feels SO good...But it just feels SO good... Great for those one-hit wondersGreat for those one-hit wonders

““Video Killed the Radio Star,” “867-5309”Video Killed the Radio Star,” “867-5309” Who really wants to buy those albums?Who really wants to buy those albums?

Who wants to pay $20 for a CD, regardless? Who wants to pay $20 for a CD, regardless? Many believe MP3 craze was fueled by exorbitant in-store music Many believe MP3 craze was fueled by exorbitant in-store music

pricesprices

Perhaps not as rampant as RIAA would like you to believePerhaps not as rampant as RIAA would like you to believe Mp3’s are “basically a rich white kid’s game.”Mp3’s are “basically a rich white kid’s game.”

Scott Smith, president of Digital On DemandScott Smith, president of Digital On Demand

Meaning, there’s a select crowd with access, and even fewer who Meaning, there’s a select crowd with access, and even fewer who choose to use it.choose to use it.

RIAA: Too little, too lateRIAA: Too little, too late Left picking up the pieces.Left picking up the pieces.

You could do a lot worse...You could do a lot worse...