FBI shut down the unauthorized computer game server L2Extreme, which hosted the NCSoft MMORPG Lineage II. Owners of L2Extreme provided its 50,000 active users with service and code for the online game for a fee. NCSoft claimed millions of dollars of annual loss due to this illegal service. L2Extreme operated pirated server software copied from the NCSoft server software. Users then registered with L2Extreme to play Lineage II instead of using NCSoft’s servers.

The financial effect is of course significant, but NCSoft also had to defend its intellectual property rights. The case, at first glance, is similar to the Blizzard v. BnetD case. However, BnetD reverse engineered the Blizzard server software without direct infringement on the original software. It was a fair use copy with no copyright violation involved. Contrarily, L2Extreme simply pirated the software from NCSoft. In addition, L2Extreme was a profitable business whereas BnetD was fueled by volunteer game enthusiasts. Otherwise, the details of both cases seem very similar.

Comparing the Blizzard v. BnetD case with this event, it becomes clear that seemingly minor details are in fact the deciding factors in many copyright decisions. In one, the FBI abruptly closed down operation without proper legal decision whereas in the other, the original game company could not persuade the court of any wrongdoing on the defendant’s part. Noticeably, intellectual property laws and their applications to the game industry remains a relatively new field. Hence, it is difficult to pinpoint what is right and what is wrong. Perhaps the single greatest law which many intellectual property and gaming related cases are based on is the Digital Millennium Copyright Act. However, there are many critics of the DMCA simply because of some of the consequences of invoking the Act. It remains to be seen how long the DMCA can last before undergoing major renovations. Much of that is derived from the evolutionary nature of gaming, where much change can occur in just a few years. Laws that are applicable in one year may become outdated the next year. This is the inevitable change of technology.

            This case is an appeal by Napster of an injunction that does not require the plaintiffs to provide any individual file names of potentially infringing works available on the Napster system. The orders require the plaintiff to provide notice to Napster of copyrighted works by providing the title and artist name for each work. When given a list of copyrighted recordings, Napster would have three days to search all files on its system and prevent the transmitting or distribution of those files. Plaintiffs had sent in notices of hundreds of thousands of copyrighted works without the corresponding file names in the Napster system. Napster complained that the plaintiffs did not provide variants in song and artist name and could mix complying items in the same notice as non-complying items because Napster could not check in the time allowed by the injunction. The consequence was that Napster would end up blocking many authorized files.  The arguments were that the DMCA set limitations on the judicial power of ISPs such as Napster, did not assess the "staple article of commerce" doctrine set forth in Sony, and that Napster has commercially significant non-infringing uses but is forced to block sharing of files even though the names do not always correspond with the contents of those files.

            This case brings up some important points in my research about why copyright holders are finding it beneficial in some cases to waive some of their copyright in order to use new technologies such as MP3 blogs to promote music, while they continue to fight similar technology such as peer-to-peer services. Any discussion of Internet Service Providers (ISPs) liability is important because it affects how people can make blogs and share new things over the internet. There are several ISPs which allow anyone to create a blog from them, and these businesses are based on previous cases such as the Sony Corp v. Universal City Studios, Inc case where liability of technology providers is limited if they do not have specific knowledge of infringing uses of the technology. It also shows how even though a company can send take down notices, it is still difficult and costly to actually take a case to court and win it, no matter how clear cut it originally seems.

            This essay describes what an MP3 blog is, and how record labels want to capitalize on the promotion that they provide while fighting file sharing at the same time. The essay discusses the types of copyright infringement and fair use and how they apply to MP3 blogs, as well as the factors that cause the court to view MP3 blogs more favorably than peer-to-peer networks. It discusses law suits against Napster and also by the RIAA against peer-to-peer users.  The article explains what establishes liability for infringing use, and the different expansions of the Copyright Act which have been brought by copyright owners in addressing new technologies. It then discusses some of these acts and gives some examples of violators. The next section explains the defense used when copyright owners bring suits, which is fair use, and it lists and describes the four factors in deciding fair use on a case by case basis.

            This essay incorporates basically every aspect of my research into why copyright holders are willing to waive certain copyright in cases such as MP3 blogs, while they continue to fight against much of new technology such as peer-to-peer services. It describes what MP3 blogs are and how they are used and different sites that can link to the unauthorized music.  It shows what the copyright holder needs to look for in order to bring a suit against infringing users, and also explains how the user of the work can try to use fair use as a defense.

            This is a long essay about corporate power in the music industry. The argument is that cross-ownership in the media tends to reduce competition and increases profits, in turn, forcing music production to become increasingly uniform and profit driven, and harming artistic expression. It has descriptions of corporate sponsorship, and the loss of diversity. The next section is about Clear Channel Communications, and how the consolidation takes away jobs, excludes a large variety of music, and provides listeners with a biased source of information. Next, is the analysis of a recent hit, which examines the predetermined song structure which results in homogenized music and play lists, this is called the sound of corporate music. The conclusion suggests that a number of musicians would prefer to circumvent the bureaucratic systems of the industry, and that in order to preserve the artists ability to express sometimes controversial and diverse views, that musicians and the population at large would prefer legislation that moves away from monopolies.

            This article is relevant to my research in finding out why copyright holders are willing to waive some of their copyright in such cases as MP3 blogs, which often involve unauthorized downloading of copyrighted work. In the conclusion of the article, it suggests that a majority of musicians are not so upset about free downloads and many who are independently minded, support distribution systems that are not connected with the industry devotion to profit. Some artists who want to make more controversial material release it for free on the internet. It also suggests that this is a reaction to media consolidation, and provides some argument that more copyright control leads to the growth of monopolies, and the limiting of new technology and expression.

            This article is written by Cary Sherman, president of the RIAA as a response to a speech by Consumer Electronics CEO Gary Shapiro in which Shapiro stated that downloading off the Web is neither illegal nor immoral. Sherman says that statement is wrong and misleading. Shapiro says that legal downloading from record companies and legitimate online music companies is fine but there is a problem with unauthorized downloading of copyrighted material, and sites Title 17 of the United States Code. Sherman writes that the fair use argument employed by Shapiro makes falsely seem as if copyright owners are against fair use, and that the fair use claim is unsupported when it comes to unauthorized use. Sherman argues against Shapiro's claim that downloading is different from taking a tangible property by writing that both owners have been deprived of something of value. Sherman refutes Shapiro's use of the first amendment and also says that companies are in fact aggressively pursuing a more flexible business model that does take advantage of new technology. Shapiro writes that the industry using technology and the internet is beside the point and that the real issue in what Shapiro is saying is that "digital stealing isn't really stealing" and the last thing we need is more polarizing rhetoric.

            For my research on why copyright holders are willing to waive copyright in some instances such as MP3 blogs because the new technology has benefits in promotion, this article is a firm example of the view from the record labels about copyright law and internet uses. It is written by the president of the RIAA, Cary Sherman and gives an argument in favor of strong copyright law, and a rebuttal to a speech by the Consumer Electronics CEO Gary Shapiro in favor of weaker copyright law. It provides the viewpoint of the music industry about downloading, but it is interesting in that it does not mention anything about record companies such as Warner who at times chose to solicit certain independent blogs and will send the bloggers music with the hope that the blog will help promote the record label's artist for free.

            This is a speech given by Gary Shapiro, the President and CEO of the Consumer Electronics Association about growing tension between copyright owners and new technology. Shapiro speaks about how new reproduction technology and transmission technology has increased the fears of the music and motion picture industries. He draws parallels to new technology in the past such as the VCR, and CD and cassette recording. Today with mass availability of copies of music and movies, the content community has used congress, courts, and the media to challenge new technologies. Shapiro says that he believes that hardware and software companies have an interest in working together to see more products,  and that they can misuse source protection and DVD encryption to sell more products while limiting new technologies. Shapiro says that lawsuits have shut down file -sharing services, threaten peer-to-peer networks, challegenged as illegal devices which allow consumers to skip commercials, and has subpoenaed ISPs to identify downloading subscribers. Congress has introduced legislation that will require technology to be shaped by a government-mandated copy protection system. Shapiro comments on the language used by Hollywood and the music industry using words like "piracy" and "stealing" to describe downloading. Shapiro asserts that downloading is neither illegal nor immoral. He says that downloading is not taking away a copy of the product from someone, and in some cases helps promotion. His principles for policymakers to follow ask that a very high amount of evidence be found before restricting technology.

            For my research on MP3 blogs and why copyright holders are willing to waive some of their copyrights and allow the blogs to post their music this speech shows a view which is far to the fair-use and weak copyright law. It is clear support for allowing the new technologies and the internet to be created and exist, and for there to be significant evidence of a negative effect on the copyright holder before the technology is restricted. The key line by Shapiro for my project is when he submits that downloading off the Web is neither illegal nor immoral. He sites fair use as being given on a case by case basis and that in many cases of downloading the use has "been shown to be neutral or beneficial to the copyright owners, and have either been tolerated or accepted as fair use." He also discusses how downloading can even lead to further sales, when people buy the whole CD from the song he or she heard on the internet.

In this article, the Boston Globe reporter talks to several bloggers and discusses what motivates audiobloggers otherwise known as MP3 bloggers to create sites and post songs. In these blogs, the author finds a song he or she wants to share, and posts it online as an MP3 file along with a commentary or review about the song so that readers can learn about the band and download and listen to the song if they choose. Bloggers will do this for free, as one blogger says "Selfishly, I get validation that people like my music taste... But I want people to find new music that they love." The music industry tends to leave blogs alone because they promote artists for free and are capable of creating "buzz" for an unknown artists and quickly establishing them among a loyal fan base. Litigation is expensive and MP3 blogs are small-scale and some labels have begun supplying blogs with music so there have not been many confrontations between record labels and bloggers. Some bloggers receive "cease and desist" letters from labels and although a code of conduct has not been written, there is a concept of ethical audioblogging. Songs are removed after being posted for typically around one or two weeks, no more than two tracks are posted from each album, and links to sites where readers can buy the albums are provided.

            For my research on why copyright owners are willing to waive some of their copyright when it comes to MP3 blogs, this is a useful article in seeing a little bit of the motivation for both bloggers and record labels to coexist. It provides some commentary by the bloggers themselves as to why they put work into blogs and what makes it important for them to exist. It also discusses blog ethics which are part of the reason labels are not against MP3 blogs, and looks at one blogger's idea for a possible future move for the labels which could start their own blogs in order to promote their back catalogues. That provides an interesting comparison between a legal MP3 blog created by a label and an illegal MP3 blog which may have more credibility among the blogging community.

This is a New York Times article about how Warner Brothers Records became the first major record label to ask MP3 blogs to play its music. Robin Bechtel, vice president for new media at Warner Brothers and Reprise Records had the company contact MP3 blog websites and ask the bloggers to post and review songs by the band The Secret Machines. This is an interesting strategy for a major record label to pursue because most MP3 blogs post song files without permission from the copyright holder. According to Bechtel, Warner chose blogs which "were promoting music responsibly" by having permission to the downloadable songs and also linking to stores where the full albums could be bought. The label would benefit by gaining free promotion and establishing a little known artist. Out of at least eight MP3 blogs contacted by Warner, only one blog posted the track, after having it sent. Many bloggers only look to find new music and the Secret Machines were already being played on radio. Two other sites had already posted Secret Machines tracks before Warner had sent them and once several blogs have posted tracks, others are less likely.

            The move backfired for Warner however because after the song was posted on the blog Music for Robots, several comments posted under different names were linked back to computers in the Warner offices. The indie rock song was also sent to a hip-hop blog, Cocaineblunts which was seen by the writer as proof of a disconnect between the major label and blog culture.

            This article is central to my project which is to look at how copyright holders are now willing to waive their copyright in certain cases such as MP3 blogs while the RIAA continues to sue peer 2 peer software. Blogs have not upset labels because there is such a strong culture of unwritten rules and basically a code of conduct for bloggers. For example, songs are not left up for long periods of time, only a couple of tracks from an album are posted and links are included to stores where full albums can be bought, and bloggers will take down songs if asked by the copyright holder. In this article we see how a major label is realizing that in order to reach a large portion of album purchasers they need to promote their artists as independents by using the internet and particularly mp3 blogs to break new acts. However, the very reason why MP3 blogs have not particularly bothered the labels is also preventing the labels from being able to use the blogs as they wish.

This article discusses the way in which the internet and digital distribution has changed consumption patterns. Strategic Marketing Departments of Record Companies are seeking information on consumer behavior in order to anticipate competitors and to "improve the supply and demand." This article contains an empirical analysis on the industry including on-line survey results that illustrate that music downloading is not the only way in which consumers are tapping into the digital environment.

Rajant Corporation’s BreadCrumb® family of products offers instant wireless broadband connectivity, adaptability, ease of deployment, security and flexibility.

Rajant Corporation has developed wireless broadband systems and components that have multiple applications in homeland security, public safety, emergency and enterprise networking sectors. Rajant Corporation’s wireless LAN systems are portable, mobile, battery powered, meshing, self-healing, *highly secure, 802.11b access points.

The company strategy includes working with government, military, civilian agencies and first responder organizations to define customer needs and to identify or create funding sources for customers as well. Rajant has succeeded in developing both the private sector and federal customer base.

The vast majority of teens in the United States, 87% of those aged 12 to 17, now use the internet. That amounts to about 21 million youth who use the internet, up from roughly 17 million when we surveyed this age cohort in late 2000. Not only has the wired share of the teenage population grown, but teens’ use of the internet has intensified. Teenagers now use the internet more often and in a greater variety of ways than they did in 2000. There are now approximately 11 million teens who go online daily, compared to about 7 million in 2000.

EAS028
 

The first installment of the six part Star Wars film series was released in 1977. Twenty five years later, in September 2004, the DVD's of the first trilogy ( Episode IV: A New Hope, EpisodeV, The Empire Strikes Back and Episode VI, and Return of the Jedi) were released. These DVD's were not comprised of the "classic" film trilogy, but rather the "Special Edition" versions that Fox, Lucas Film and George Lucas released in 1997 (which were originally available only on VHS). Fortunately for fans who can never get enough of everything and anything Star Wars related, the DVD set is loaded with extra features. The four disc set includes a bonus disc highlighting an extraordinary documentary and never before seen footage from the making of the films. Each of the films included in the set has been digitally restored and remastered by THX. In addition to significantly enhanced picture quality, the three films are mastered in Dolby Digital Surround 5.1 EX, yielding amazing sound quality. The Star Wars trilogy can also be viewed by the deaf and non-English speaking as it is subtitled in English, French, and Spanish. All of these additions to the original films not only make the DVD's a worthwhile purchase for viewing enjoyment, but also an important addition to any serious film buff's collection.

The DVD release of the original trilogy (Episodes IV, V, and VI) represents a significant marker in the Star Wars franchise. The groundbreaking films have become an industry unto themselves and the DVD's are one more outlet through which to generate more profit. DVD's are the future of all film. The fact that one of the biggest money-making movies of all time is now distributed on DVD, with added special features, validates the importance of the DVD release. The release of films in DVD format allows the audience to watch movies multiple times. The format also introduces an entirely new audience to a film that may have been produced at a much earlier time. The possibilities for film enhancement, viewing pleasure, and portability all contribute to the significance of the DVD as it relate to the Star Wars franchise.

Dolby is the sound technology responsible for enhancing the audio portion of movies.  Star Wars is the film with which we associate Dolby's first major sound breakthrough.  This innovative technology created the sound of the Millenium Falcon "whooshing" over the heads of the audience (in Star Wars Episode IV).  Dolby has heightened the quality of what we hear in movies since the pivotal 1997 Star Wars film.  This article demonstrates that the enjoyment of the visual as well as the audio aspect of film has been revolutionized by the introduction of Dolby sound. 

Bill Jasper, chief executive of Dolby laboratories, has set out to expand Dolby's markets and solve the financial problems the company has been experiencing in the past several years.  When Dolby gave its input to the original Star Wars movie, the sound quality changed the industry and wowed audiences.  However, today, it takes a lot more to impress a jaded consumer.  Advanced technology permeates our everyday lives and it is a constant struggle to stay ahead.  With the current push for digital cinema, it would appear to present an opportunity for Dolby to command the market.  However, the industry will not accept "a Dolby proprietary system."  The industry demands an "open" system.  Dolby's solution is to work on better compression.  That is something the company could sell.  Dolby has done a significant amount of work to showcase technological innovations for Disney in the new film Chicken Little.  However, installation of new technology is not the mark for which Dolby wants to be known.  Instead, CEO Bill Jasper wants to sell "mastering technology and theater hardware."  Dolby currently has stiff competition from several other companies, but was faced with a similar scenario when digital audio was introduced.  Today, Dolby has eighty percent of that market. 

Dolby is a company whose success and profitability is dependent on innovation.  Star Wars Episode IV-A New Hope was a revolutionary film partly due to Dolby's audio contributions.  Dolby is looking to the future, hoping to realize similar success in the visual market.

Abstract from First Monday:

In groups people can accomplish what they cannot do alone. Now new visual and social technologies are making it possible for people to make decisions and solve complex problems collectively. These technologies are enabling groups not only to create community but also to wield power and create rules to govern their own affairs. Electronic democracy theorists have either focused on the individual and the state, disregarding the collaborative nature of public life, or they remain wedded to outdated and unrealistic conceptions of deliberation. This article makes two central claims. First, technology will enable more effective forms of collective action. This is particularly so of the emerging tools for "collective visualization" which will profoundly reshape the ability of people to make decisions, own and dispose of assets, organize, protest, deliberate, dissent and resolve disputes together.

Shade's research, although not linguistic in nature, is useful to provide a background into women's roles in constructing the Internet.  She begins by reviewing research on gendered uses of various communications technologies, including the telephone, radio, and television. She discusses cyberactivism and feminism, as well as public policy determining women's access to the internet.  She cites a case study of women in China and internet access implementation and concludes with a discussion of whether women are merely consumers targeted by merchants or active citizens in an online sisterhood (discussions that we have held in class as well).

This article discusses the way in which the internet and digital distribution has changed consumption patterns. Strategic Marketing Departments of Record Companies are seeking information on consumer behavior in order to anticipate competitors and to "improve the supply and demand." This article contains an empirical analysis on the industry including on-line survey results that illustrate that music downloading is not the only way in which consumers are tapping into the digital environment.

Although the record companies have suffered great economic loss as a result of widespread downloading, they have been able to survive the drastic changes that the industry is undergoing right now.  However the same cannot be said of the traditional music retailer, the majority of which have had to declare banckruptcy or have had to close a number of branch locations.  The article estimates percentages of sales that will account for the future shift from physical to digital distribution in the next several years.

Mark Katz discusses how technology has served to preserve music while also serving as a "catalyst." Katz addresses how the innovation of the internet affected and continues to still affect the industry. He cites a series of case studies, that correlate the new ways of finding and listening to new music and the rising of new music genres to recording technology.

Article discusses how in the past decade the music industry has dramatically changed because of advancements in digital technology. In the past years "bandwidth restrictions" have served to hinder distribution of music in digital form via the Internet but due to the evolving netwrok technology these "restrictions are disappearing." As a result consumers can obtain and listen to high-quality music in digital form directly from the internet, "accelerating the development of the Internet as an infortainment hub, whereby it will become the main conduit for both information and entertainment."