"PEER-TO-PEER: THE PROBLEM IS THE SOLUTION." Fast company [1085-9241] .101 (2005). 58-.
Adam Penenberg’s article on the issues of peer-to-peer (P2P) file sharing look at how this technology affects the film industry and the similarities and differences to music downloads. Penenberg opens with a summary of how feature length films become available on the pirate market. He cites not only leaks within the industry, but also the use of work prints. Despite the great availability of feature films on the Internet, Penenberg is quick to note the differences between downloading a film and downloading a song that protects the film industry, in a sense. Citing a twenty-five percent loss in revenue for the film industry, Penenberg says that the file size of a film makes it harder to download. He says that depending on connection speed, the download of a film can take up to a day. However, some website get around this issue by cutting the movie up into small sections that will not take as long to download. Also, when a film is more widely shared, the faster it downloads, so the more popular films download at a quicker pace. Penenberg, next, moves the article into the issues of combating P2P file sharing. Penenberg says that the film industry could shut down servers and take downloaders to court like the music industry, but he notes that this is not very successful and new servers will be created when old ones are shut down. Penenberg advocates a move to control Internet distribution, calling it the future of the film industry. He advocates a control and good management of the Internet distribution of both film and TV. There is a call for movie downloads on iTunes similar to the music downloads. He says that the industry needs a closed P2P system and they also a strong plan in preventing piracy. Here, Penenberg looks at Kontiki software and the possibilities it creates both in an iTunes-like or subscription service as well as the advertising and promotional aspects. The use of this software is growing greatly, and Penenberg speculates about how other popular P2P websites for film downloading will follow this lead.
The article is short, but gives a very interesting comparison of the music and film industries and a common problem that technology brought. Penenberg shows different approaches to how to solve illegal downloads and piracy, noting the difficulty of the task but giving examples of viable solutions. It is a very informative article and it provides an idea of how the film industry might develop.
The article is short, but gives a very interesting comparison of the music and film industries and a common problem that technology brought. Penenberg shows different approaches to how to solve illegal downloads and piracy, noting the difficulty of the task but giving examples of viable solutions. It is a very informative article and it provides an idea of how the film industry might develop.
belongs to When Two Industires Collide project
tagged Copyright Film_Industry Music_Industry P2P by slstein ...on 17-MAR-06
tagged Copyright Film_Industry Music_Industry P2P by slstein ...on 17-MAR-06
"MGM v. Grokster and Pending Legislation: What's at Stake for Peer-to- Peer Networks and Copyright Law." The Licensing journal [1040-4023] 25.6 (2005). 1-.
This article deals with peer-to-peer (P2P) sharing and the film industry. The ninth circuit court ruled in the case of MGM v. Grokster. The court ruled that some file sharing Internet services are not liable for copyright infringement committed by their users. This is a big blow to both the music and film industries. David Bell and Jeffery Sullivan acknowledge this decision as “legally correct,” but they are also aware of its implications for the entertainment industries. The sellers of copying equipment are not liable for the use of the equipment in copyright infringement, as decided by the Supreme Court in Sony v. Universal. Since Grokster and Streamcast were found to have substantially legitimate uses, they fell under the precedent set by the Sony case.. Next, MGM tried to prove vicarious copyright infringement through direct infringement by a primary party, direct financial benefit by the defendants and the ability of the defendants to supervise the users. This was not proven because the relationship between software provider and user is decentralized and the software provider has no obligation to monitor the actions of its users. This ruling was appealed. The appeal questions if the defendants are responsible for secondary copyright liability because of the large amount of infringement. Here, Bell and Sullivan explain the standards for secondary liability. They argue that the court was to narrow in its definitions for knowledge of infringement and contributions to primary infringement. Next the article deals with pervious rulings on the case and the necessity of proving legitimate uses if one is to use the Sony verdict in its favor. The article deals with if and how the Supreme Court should address and respond to this case. The next part of the article explains existing legislation. It states that copyright holders cannot recover loses from secondary copyright infringement. It also looks at cases of the record industry against Internet Service Providers, noting the protection of software companies and ISPs. The article looks at the Induce act, which was brought up fro review recently and would make software companies liable for encouraging copyright infringement. The article shows the pros and cons of this piece of legislation. Other pieces of legislation brought up in the article are the Piracy Deterrence and Education Act, the Protecting Intellectual Rights Against Theft and Expropriation Act and the Family Entertainment and Copyright Act. The article concludes with an explanation of the possible effects of the Supreme Court’s decision on the case.
The article provides a detailed explanation and example of the copyright issues brought up by P2P technology. There is a good analysis of the case as well as explanations and references to copyright law and how these issues are being dealt with outside of this specific instance. The language is a little legal at times, but the article is very comprehensive and informative.
belongs to When Two Industires Collide project
tagged Copyright Film_Industry Music_Industry P2P by slstein ...on 17-MAR-06
tagged Copyright Film_Industry Music_Industry P2P by slstein ...on 17-MAR-06


