music downloads: right or wrong?

1. Morality of Music Downloading
Syed Mubashir Alam, Ashleigh Keller, Michelle Tabor, Wanyang Qiao
Marshall University
Author Note
This paper contains not only information pertaining to the morality of file sharing but an analysis
of the Marshall University virtual library system as well. Information is provided on the ways to
determine scholarly and dependable sources.

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RESEARCH QUESTION: Is downloading music for free the moral equivalent to theft?
STEP I: Where can you go to find reliable information on your topic that is not necessarily
scholarly? How do you know it is reliable? What is the difference between non-scholarly
information and scholarly peer-reviewed information? (Syed Mubashir Alam)
A scholarly article can be found online and in library databases. These are written by
professionals and experts in their fields of study. These articles are supported by references.
Before it is published it is given to an expert, and then this article is peer reviewed to assure the
quality of research. It can comes in all sizes and shapes depend upon the type of research being
performed. In articles there can be only few photographs or no photographs. It can include
charts, graphs and regular white paper. In a scholarly article, it also includes an abstract to
overview the topic of the article. In short we can say that it gives a summary of the article. If we
look at it, it is a good way to get a sense of the tone and content of an article.
Scholarly peer-reviewed information is information that in which it is written by scholars
in a specific field of study. The language of scholarly journals is formal, technical and well
disciplined. It assumes some technical background on the part of the reader. In scholarly peer-
reviewed information scholars cite their sources in the form of footnotes or in bibliographies.
The main purpose of a scholarly journal is to report on original research or experimentation in
order to make such information available to the rest of the scholarly world. Many scholarly
journals are published by an identified professional organizations. Mostly it is published by
associations and universities.

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STEP II: Find background information in MULibraries references databases. Summarize in one
paragraph what information you found in the reference databases and where you found it. Cite all
the sources you found. (Wanyang Qiao)
The problem of music downloading will always contain problem of copyright infringers,
because these kinds of issues include a series of legal questions and social problems. Predictably,
we cannot solve this problem fairly. It happens anyway becoming more serious every day.
Therefore, the public opinion argue with music download and any others possible solutions. We
have hear two different sides.
One of suggestion are published by Mitch Bainwol. He is Chairman and CEO of
Recording Industry Association of America (Greenwitch, 2003). With rise of the internet age,
traditional music industry is facing a series of serious problem, because copyright is easier and
more widely spread. And they make the best of new music industry. Downloading pirated music
is threating livelihood of artists, industry, staff. And the most important point, illegal
downloading is killing creative enthusiasm of music industry and young artists. We knew a lot of
illegal music download websitea, and use legal approach to protect out copyright. Nearly 2.6
billion internet user send illegal music files to web site, and more than 5 million internet user
offered 1 billion illegal files in one time (Greenwitch, 2003). But no one thought about self-
awareness to protect copyright of music and right of music industry. Currently, most people are
understand that the music without empowerment is illegal. For this point, the court agreed
(Greenwitch, 2003).
The other suggestion is published by Fred Von Lohmann. He is senior Intellectual
Property Attorney of Electronic Frontier Foundation (Greenwitch, 2003). He thinks downloading
music for music is a lawful act, because almost every American are sharing music everywhere,

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and the music industry should follow the trend of the times. Mr. Fred give three points to explain
why music without empowerment and still download is lawful acts. Firstly, every five people
sharing music in internet, music industry have no option. But non-government institution and
governmental agencies should give social compensation to music industry and artists. Second,
everyone has right to use files in internet. Third, music fans are doing better than music
companies. Because of a lawful act to download music, and we should pay 5 dollar per month.
Just pay money and we can do whatever we want and use music program or any program that we
have. Music Company give that money to artist and themselves. Currently, ASCAP and BMI pay
millions of dollars to artists. Our consumer might thought about 5 dollars not much, but if
multiply by 60 million, and Music Company will get 3 billion dollars. For important point, that
profit is forever. No CD. No music retail. Law are always service for America Consumer.
Nothing else.
Therefore, public opinion are keeping argue with the right of copyright and the right of
music industry. But one point is for sure. We should give profit to artists.
STEP III: Find 1 book in the MULibraries catalog on this topic. Briefly summarize the book by
reading the introduction. Provide a full evaluation using the source evaluation handout.
(Ashleigh Keller)
Matthew David begins the introduction of his opinionated novel describing the
criminalization of file sharing with a description of two “raging wars” in our present day society.
According to David, scientists believe this file sharing phenomenon is a horrific act which
threatens security. David describes that his book “looks at how parties to disputes over file-

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sharing ‘manage the horror’ of having no legal, technical, social or cultural foundations by which
to secure their economic interests, identities, strategies and alliances in relation to the production
and circulation of informational goods,” (David, 2010). He further explains that his book is about
“file-sharing, the circulation of compressed digital computer files over the internet,” and
continues by explaining David also compared the current file sharing phenomenon to Henry
Fuseli’s classic painting, “The Nightmare,” and how his work was “pirated within months of its
first authorized reproduction, (David, 2010). This is an example of what could be the first file
sharing thefts, in David’s opinion. Due to the “cut-priced” versions of Fuseli’s work, this made
his work a “household item,” but was also considered a blessing to Fuseli, making his work well
known across the world and increasing the price of his legitimate works (David, 2010). But what
makes David’s opinions of file sharing credible?
Matthew David is a Senior Lecturer at Durham University in the United Kingdom in the
field of Applied Social Science (SAGEPub, 2015). David has been involved in various social
movement research opportunities, high education data services and online training in rural areas
pertaining to online file sharing and distribution (SAGEPub, 2015). He has written, well-known
academic novels and has participated in numerous case studies. According to the “Books,”
handout, the publisher is affiliated with a university and not a commercial publisher and is also
involved with both a research center and an institution. The purpose of the novel is to inform the
audience on the morality of file sharing by providing examples of historical events as well as
explain the process of file sharing in layman’s terms. In accordance to the “books,” handout,
David is an expert in his field with his background at Durham University and his published case
work. In support of the information above and in accordance to the “Books,” handout standards,

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David’s book, “Peer to Peer and the Music Industry: The Criminalization of Sharing,” is
considered a scholarly source.
STEP IV: Find 2 journal articles in any of the MULibraries databases on this topic. Briefly
summarize the articles. Provide a full written evaluation of the articles using the source
evaluation handout. Cite it.
STEP IV – PART I (Michelle Tabor)
The article discusses unenforceable copyrights in America in relation to the nation's
music industry and the process of sharing digital music on the Internet through the use of peer-
to-peer (P2P) computer software as of 2014 (Ned, 2014). This article focuses upon past and
current litigation of copyright holders versus P2P file sharing companies and their users. The
article covers in four parts: litigation against Napster and Grotsker, litigation against individual
infringers, cost efficient legal strategies against individual infringers, the benefits of mass
litigation strategies, and the current state of the music industry and P2P file sharing. The article
also poses possible solutions to the blatant theft of music creators. The Ned (2014) states that,
“Litigation, therefore, is an inadequate remedy for enforcing copyright ownership in the new
digital age. Instead, the music industry should turn its focus to offering legal options that are
equally attractive to sharing on the Internet.”
The author of Unenforceable Copyrights: The Plight of the Music Industry in a P2P File-
Sharing World, Brionna Ned, is writing for the University Of Texas School Of Law. She possess
a Masters of Sociology and a Bachelors in International Affairs (Ned, 2014). Ned is a third year
law student at the University Of Texas School Of Law, the Managing Editor of The Review of

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Litigation, and is a member of Thurgood Marshall Legal Society. Her professional history
shows she has a history of working intellectual property cases with the San Francisco law firm,
Keesal, Young & Logan (Linkedin.com, 2011). Her scholarly focus and profession history give
her credibility. Ned’s purpose in writing this article was surely for the purpose of scholarly
pursuit, and not ulterior motives can be gleamed from her writings.
The source contained multiple references, showing the source material, links and
citations to where her source material could be found, and some expansions on what the original
articles portrayed. This article has been formally published in The Review of Law, but has yet to
be cited for other research. It is available for peer review and is included in Academic Search
Premier’s database of journals. The article is biased towards the case of the legality of P2P
sharing while balancing how society now view music. The bias is not strong and is tempered
with case law as support. The article was published in the Spring of 2014 and is assumed to be
current, as current P2P litigation is still in process and the results unknown as of yet against P2P
giants such as thepiratebay.se, monova.org, and kickasstorrents.com. This article is appropriate
for the research topic because civil law is a direct reflection of its society’s morals.
STEP IV- PART II: (Ashleigh Keller)
In the article, "Pirates of the Web: The Curse of Illegal Downloading," Athina Dilmperi
begins with a statistic provided by the International Federation of Phonographic Industry that
says, between the years of 2004 and 2009, there a 30% global market decline which is directly
correlated to the industry of music file piracy. The introduction of this article relies heavily on
statistics such as this one and uses many reliable sources, for example, the International
Federation of Phonographic Industry. Dilmperi's article introduction also explains how she and

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he peers analyzed the age, gender, income and music preference in comparison to those
who purchase their music put right (Dilmperi, 2011). Dilmperi continues the article by
explaining that even the most unexpected demographics can provide a more clear understanding
of the problem at hand. For example, Dilmperi and her peers have analyzed the attendance of
live performances of the most illegally downloaded musicians and have come to the conclusion
that files of live performances are least preferred to those who download illegally (Dilmperi,
2011). Dilmperi and her peers, in this introduction provided a well-organized, information
preface to the full article which describes their opinions of file sharing. In accordance to the
“Journal Types: A Comparative Chart,” handout provided by Rutgers University Libraries, a
scholarly articles in determined by many specifics, for example, the writers of said article. In this
case, Athina Dilmperi, Tamira King and Charles Dennis, are all experts in their fields and are
considered scholarly due to their associations with their universities. Dilmperi and King both
have their PhD’s and are senior lecturers in marketing at Middlesex University in London,
England and at Cranfield University School of Business Management (Dilmperi, 2011). Dennis
is also considered a scholarly author with his position as a lecturer at the Brunel University
School of Business in Uxbridge, Middlesex, United Kingdom (Dilmperi, 2011). This article
also contains characteristics such as “technical language a discipline specific jargon,” as well as
the inclusion of bibliographies and an article measuring longer than five pages (Unknown,
Rutgers University Libraries). In summation, this article, “Pirates of the Web: The Curse of
Illegal Downloading,” written by Athina Dilmperi, Tamira King and Charles Dennis, is
considered a scholarly article and can be used as a reliable, academic source.

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STEP V: Explain how MULibraries can help you save money, save your time, and increase your
grades. How has this assignment changed how you think about academic research and/ or
downloading music for free? (Michelle Tabor)
MU Libraries can help you save money, time, and can increase your grades in a few easy
steps. First thing, MU Libraries can save you money by allowing you access to almost any book
in the world. There is no need to buy books, and even some textbooks. MU Libraries allow
students and faculty to borrow items for six weeks and renew items for six more weeks, almost
an entire semester. The Textbook Loan Program allows students to borrow textbooks in two hour
blocks, if needed for classes, especially high cost, popular textbooks. If the book is not available
in the library system, MU has a system called E-Z Borrow that allows other libraries in the
country to share its resources. Books from other locations can be picked up at Marshall in about
five days. MU Libraries have many things to save you time. They allow students, faculty, and
staff to access their catalog online. They also allow access to all of their databases via the MU
Libraries web portal, saving the cost of ordering the article and also the cost of paying for the
membership fees of the academic journal databases. From the online catalog, students can
request books, and then pick them up at the circulation desk, saving time hunting through floors
of books with similar call numbers but different sections. MU Libraries can increase your grades
by simply making your research more credible. Credible sources, the writing center, and the
reference librarians are all there to help increase your ability to research and write. The
assignment has allowed us to find a better way to research. It has allowed us to understand that
Google is not infallible. It also allowed us to grow as writers and as a team. This research
project has taught us about the ethics and legality of the copyright issues surround music
downloads and P2P file sharing in regards to copyright holders and the music industry.

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References
David, M. (2010). Peer to Peer and the Music Industry: The Criminalization of Sharing. Los
Angeles: SAGE.
Dilmperi, A., King, T., & Dennis, C. (2011). Pirates of the Web: The Curse of Illegal
Downloading. Journal of Retailing and Consumer Services, 18(2), 132-140.
Greenblatt, A. (2003). Future of The Music Industry . New York: Congressional. Quaterly Inc.
Retrieved from http://ezproxy.marshall.edu:2165/cqresearcher/getpdf.php?id=
Linkedin.com. (2011). Brionna Ned / LinkedIn. Retrieved from
https://www.linkedin.com/pub/brionna-ned/4/673/353
Ned, B. N. (2014) Unenforceable Copyrights: The Plight of the Music Industry in a P2P File-
Sharing World. Retrieved from
http://ezproxy.marshall.edu:2117/ehost/pdfviewer/pdfviewer?vid=7&sid=e11b9061-
398e-4eb1-9089-efec424a38bb%40sessionmgr115&hid=123

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Matthew David. (2015). SAGE Publications. Retrieved from
http://www.sagepub.com/authorDetails.nav?contribId=453268
Popular Literature vs. Scholarly Peer-Reviewed Literature: What's the Difference?. (2015).
Rutgers. The State University of New Jersey. Retrieved from
http://www.libraries.rutgers.edu/scholarly_articles#4