MP3.com v RIAA Lee Ha

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  • 1. MP3.com v RIAA Lee Ha Lucas Mays Alan Tsang
  • 2. Introduction
    • Background
    • Debate over the issues
    • Application of ethical tests
    • Possible social consequences
      • Correspondence between this case and course work
      • El grande scheme - o
  • 3. Background Information
    • Creation of Mp3 technology
    • Mp3.com founded by Michael Robertson
    • Beam-It and Instant Listening launched
    • RIAA sues Mp3.com for blatant copyright infringement in New York*
    • Mp3.com counter-sues RIAA for defamation and unfair business practices
  • 4. Stakeholders
    • Record Industry (Sony, BMG, Time-Warner, EMI)
    • Mp3.com (stock holders and employees)
    • Users of Mp3.com and Mp3 technology
    • Consumers of the record industry
    • Music Artists
    • Distributors and Retailers of music
  • 5. Quick overview of Copyright
    • Copyright
    • Fair Use
  • 6. And on to the DEBATE….
    • Mp3.com
    • Fair Use
    • Secure Technology
    • Free publicity
    • Responsibility over users?
    • Musicians will make music.
    • RIAA
    • Copyright Act 1976
    • Considerations
    • Bypass technology
    • Stealing
    • Ethical?
    • Less incentive to create music
  • 7. Ethical Tests
    • Golden Rule:
      • What if you were an artist, would you want mp3.com to provide this service?
        • An established artist?
        • An emerging artist ?
  • 8. Another test…
    • Utilitarian Test
      • What is the greatest good for society?
        • If it’s stealing, then it hurts artists and gives them less incentive and we end up with less music
        • If it’s not stealing, then there is more publicity and the general public have easier access to music
  • 9. Lessig
    • The internet is reducing the ability of copyright holders to control their property
    • Mp3.com is a perfect example of this since it has taken partial sovereignty over the artist’s intellectual property
    • Could a “trusted systems” model be applied?
      • Could artists just distribute mp3’s through their site to constitutes and not need a record deal?
      • Would this destroy the record industry?
  • 10. Brin
    • Mp3.com is great criticism for the record industry…”You guys are living in the past and not embracing the possibilities of digital music”
    • Taught them a lesson – now the industry is trying to move in that area (Universal buying mp3.com)
    • Widespread availability of mp3’s are holding record companies and artists accountable by giving users choices in the music they listen to
      • Bad music receives criticism – users can download only good songs
      • Social T-Cells…musicians need to make good music
  • 11. El Grande Scheme-o
    • Mp3 technology needs to be embraced by RIAA rather than trying to stop it
    • New innovations in business and music
      • Distribute songs through “trusted systems” –bypass record industry
    • Widespread distribution of music leading to greater social consequences
      • Embedded viruses transferred within mp3’s
      • Unregulated trading of mp3’s could lead to possible trading of other things (bomb schematics, terrorist plans…)
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