Lambert 1(Robert) Curtis LambertEnglish 101Professor Bolton25 July, 2012Research Paper OUTLINE Addendum to Handwritten Sheet for Outline:1. The topic of my essay is Media Piracy and the inability of our judicial system to come to anyagreement on what, in today’s digital world, clearly defines stealing of illegally downloadedmaterial. My intent is to clarify why this is a pressing issue and needs to be addressedexpeditiously.2. The naysayer will be the basis for my paper: Lawernce Lessig’s essay, “Some Like it Hot.” Hespends the majority of the essay talking out of both sides of his mouth and it is my intention tooffer a concise definition of media piracy through a counter-argument with no double-talk.3. The precedent for media piracy laws have been set since before the turn of the 20th century,and although the type of media continues to develop and progress at a rate beyond our ability tokeep up, the basic statute of the law has not changed: if one duplicates and/or sells or usessomeone else’s media, in any form, without their written or express permission, then they arebreaking the law.4. Primarily causation: I define what piracy of media is, and why we find ourselves todaydebating the root definition.5. Cause and effect requires you to determine the cause for media piracy in the entertainmentindustry, and then to offer several adverse effects this issue is having on the industry and artistsassociated with piracy.
Lambert 26 a. BODY paragraph 1: The entertainment industry has been working diligently to reducecopyright infringement since its inception before the turn of the 20th Century.This statement above corresponds directly with my thesis.6 b. Hollywood was founded on two production studios refusal to pay royalties to ThomasEdison, who owned the rights to the inventions the film industry was utilizing at the time.ANDAnyone with a computer can now have access to any copyrighted works via the Internet.Research has proven that there are billions of dollars in revenue that is lost around the globe,directly linked to illegal downloads.6 c. The LOGOS should appeal to the reader. We should not want to repeat history, as we havedone time and again, on this issue, since the time of Thomas Edison, and before.6 d. John Gantz and Jack B. Rochester for Pirates of the Digital Millennium : How theIntellectual Property Wars Damage Our Personal Freedoms, Our Jobs, and the WorldEconomy, shows that since 2004 the music industry has lost over four billion dollars annuallyworldwide and the movie industry has lost over three billion dollars annually in the United Statesalone, all due directly to illegal internet downloading of pirated media. This sentence above supports my claim that we are robbing artists of monies due them byour apathetic attitudes toward this issue in the courts.7 a. BODY paragraph 2: While testifying before the U.S. Senate Committee on Commerce,Science and Transportation, February 28, 2002, Jack Valenti, President and CEO, Motion PictureAssociation of America [MPAA] had this to say: At this precise moment…works [movies] are in ever multiplying numbers swarming illegally throughout the so-called file sharing sites (a more accurate description would be
Lambert 3 “file-stealing” sites)…There is one truth that sums up the urgency of this request to Congress…if you cannot protect what you own you don’t own anything. (1)I use the statement above, which correlates with my thesis, as well as my research article, tosupport my claim that there is a need for attention to the time factor that has always plaguedmedia piracy in developing technology.7 b. Mr. Valenti eloquently states what most of the entertainment industry feels is the root oftheir struggle with the current copyright laws: what do these artists actually own if they have nocontrol over who has access to it?ANDGantz and Rochester go on to address the question and to clearly define in each medium whatpiracy is, or at the very least, what it should be. They list several statements as being officially onrecord in the dispute to determine fair ownership of copyrighted property:7 c. The quote from 7 a. above will be my use of PATHOS. I feel that Mr. Valenti’s statementrings true to most people’s ears when discussing ownership and theft in those basic terms.7 d. My reference above comes directly from research compiled by John Gantz and Jack B.Rochester for Pirates of the Digital Millennium : How the Intellectual Property Wars DamageOur Personal Freedoms, Our Jobs, and the World Economy.8 a. BODY paragraph 3: The struggle society continues to have with the term media piracy is theconnotation it evokes of one being a thief.8 b. Most college students would never consider plagiarizing a work for an essay or researchpaper, any more than they would rob a store or break the honor code at their University bycheating on their final exams. On the other hand, they seem to have no issue downloading and
Lambert 4sharing music through a Peer-2-Peer file sharing network, even though most would admit thatthey know it is wrong, they just don’t see it as illegal, and therein lays the problem.ANDThe current copyright laws are so muddled and unclear even Judges struggle to effectivelyinterpret the statutes.8 c. ETHOS is the choice for this body paragraph: it is important for the reader to know myresearch has been compiled form a variety of sources, and by this point they will have seen 4sources cited from a variety of experts in different fields.8 d. In Content Protection in the Digital Age: The Broadcast Flag, High-Definition Radio, andthe Analog Hole , February 22, 2005 the Committee heard testimony via a written statementfrom Commissioners Copps and Adelstein dissenting on the Commission’s recommendation due,in part, “…because the [regulations did] not preclude the use for content…already in the publicdomain…and because the criteria adopt[ed] for accepting digital content protection technologiesfail to address…the impact…on personal privacy” (99). I wanted to use official documented transcripts from U.S. Senate hearings to lendcredibility and an element of trust, that the government is, in fact, dragging their feet on thisissue.9 a. BODY paragraph 4, The vast majority of the media that is duplicated is done legally and theartists whose work is being recorded, in any fashion, is compensated according to the law.9 b. Although it has become increasingly difficult to monitor and protect the rights of artists inthe media industry, due largely to the fact that digital technology changes and advances atlightning speed in today’s market, it is not altogether impossible to keep a watchful eye.AND
Lambert 5 The claim that piracy of developing media technology is not new rests upon thequestionable assumption that there is always going to be a certain element in society that doesnot adhere to these seemingly random piracy laws, and we need to be patient, while giving thecourts and the laws the opportunity to catch up.9 c. There are equal amounts of logos and ethos here, both based on factual information thatsupports my argument.9 d. There is no cited research in this paragraph; all of this section is paraphrased frominformation gleaned from a variety of sources.10 a. Counterargument Paragraph: When it comes to the topic of media piracy, most of us willreadily agree that taking someone else’s property without their permission is stealing.10 b. The sentence clearly states a moral directive: most of us will readily agree that takingsomeone else’s property without their permission is stealing. This is pretty straight-forward andleaves no room for debate. Stealing is stealing. Period.10 c. I will present, through a number of quotes and references, that the laws on media piracy arecloudy, at best, and the youth culture of today sees the proliferation of P-2-P file sharing as“wrong” (maybe!), but not illegal.10 d. I will concede primarily on the basis that public domain, and legal downloads, muddle thelegal waters of what is and is not media piracy.10 e. I will concede primarily on the basis that public domain, and legal downloads, muddle thelegal waters of what is and is not media piracy.10 f. Although this outline requires me to state where my counterargument will appear, in allhonesty it [counterargument] is the basis of my entire research paper; therefore, this sameargument, rephrased, appears throughout my paper.
Lambert 6 11 a. Restated Thesis: The original basis of the law is very clear and leaves no room forerror on this subject. True, the laws have to evolve and adapt as the mediums change, but therudimentary basis of the original piracy laws are still applicable: artists own the works they havecreated and we owe them monetary compensation when we use their said work, even if we don’tprofit from it ourselves. Anything less is stealing.11 b. The real struggle the entertainment industry has with this approach has more to do with thenegligible attitude of law makers than it does with the artist’s willingness to allow the laws to beamended and updated. The original basis of the law is very clear and leaves no room for error onthis subject.