In an article found in Just do IP (Issue 42, August 25, 2000) Total Shampoo states, “People are copying music because they feel somewhat disenfranchised with the options they have at their disposal in the digital space. It’s up to the content Industry to create value in the digital arena and they’ve made phenomenal steps In that direction. ” District Judge Marilyn Hall Patella ruled In favor of the Recording Industry Association of America (http:/;MN. Rural. Corn/) (ARIA) regarding the Anapest copyright case, based on the size of the violation that was taking place.

Judge Patella directed Anapest to stop its song-swap actively. An online survey reported that sixteen percent of the people surveyed supported the claim that Anapest was In violation of regulations and should be shut down. Fifty seven percent believed It was unrealistic to try to control the free exchange of music. Sixty percent of Anapest users said that they would not be stop downloading music even If It were determined to be Illegal. Eighty tree percent claimed that using Anapest helped them in music buying and liked the ability afforded by Anapest to test songs before purchasing CDC or cassettes.

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The real question is does the Anapest ruling make file sharing illegal? Ledge Patella’s ruling is based on his view that a clear violation of copyright infringement law occurred through the provision of a system that enabled piracy. The ruling may make all Internet file swapping an illegal act. One observer claims that Anapest has started a revolutionary inspiration for the recording industry and suggests that the ARIA should purchase Anapest as a way of reclaiming the online music sharing industry. Who would have thought that a nineteen year old could make a computer program so simple that would change the music industry forever?

Sean Fanning who is behind the whole operation called his music online service Anapest after his own childhood nickname. The Anapest software (http:// . Anapest. Com), launched early in 1999, allows Internet users to share and download MPH files directly from any computer connected to the Anapest network for free. To use the software a user downloads a program from the Anapest site and then connects to the network through this software, which allows sharing (uploading and downloading) of MPH files between all users connected to the network.

Anapest only limits users to uploading and downloading of MPH files only. Many recording artists and record labels feel they have not received the money that Is rightfully theirs. The three main ethical problems Anapest presented are, do they cheat recording artists, do they break copyright Infringement laws and how can we solve the dilemma between music file sharing. There has been a varied reaction from recording Industry and the majority Is anta Anapest. Two mall recording artists Metallic and DRP. Drew have taken actions against Anapest.

They accused over three hundred thousand people on Anapest for music piracy, which means they are stealing songs. There Is a huge difference between sharing and stealing. All Anapest TLD was to allow people share songs from one another. At some time somebody had to have bought that recording artists C. D. , or it would not have ended up on the them. Burning songs from Anapest onto your own C. D. Is a copyright infringement, but Anapest did not provide C. D. Burners in their software the computers people own do. On Anapest’s web page, there is a warning about the copyright infringement laws.

Recording artists feel they are being cheated, but record sales went up 2% since last year. “Many people expressed gratitude to Anapest for introducing them to new music and also claimed that they bought more C. D. ‘S because of Anapest”(Sager 2). Anapest has helped struggling recording artists, or artists who were waiting to be heard. Using Anapest to spread music is a great approach to grab the attention of many. When a recording artist had an MPH on Anapest, it is Just a click away before several thousand users enjoyed the music of some undiscovered talent.

The main reason why the music industry is making a big deal is, Anapest challenged the original distribution of music and recording artists and companies felt threatened. Record labels should see this new form of technology not as a threat but a new way o encourage people to buy their music. Banning Anapest does not solve the problem, but the music industry learning to cooperate with this new technology will. Copyright infringement has happened, but not because of Anapest. People who chose to download the songs and then copy them on to blank C. D. ‘S were violating the copyright laws.

There are many ways to prevent this from happening. Although, the music industry limited knowledge of this type of technology is the reason for the struggle. The practical alternative is that Anapest will pay a fee to artists when their songs are downloaded. The artist would get paid and the people would have access to the music. Anapest could develop a system where a person pays as they download song. The down side is that the music would not be free and the quality is not as DOD. Furthermore, the cost of developing and maintaining the software could bankrupt a struggling company.

Another solution is that Anapest could work entirely Ninth the music industry and charge an amount a year that gives the user an unlimited amount of downloads for one price. In turn, Anapest will agree to pay the recording industry a percentage of the money collected. With this option, Anapest Mould pay percentages to artists whose songs are downloaded. This would be a positive move because it would mean that artists receive a fair rate for their work Nile the public could still sample the music before buying.

Still yet the best alternative would be the opportunity for Anapest and the Recording Industry Association of America (ARIA) come together to strike a deal and make Anapest legal. This will stop all conflicts with the ARIA. Then Anapest and the music industry would Nor as one and everyone would win. The music industry would have access to the new technology the internet has brought on. The public would have access to the USIA they love and the artist would get the royalties they deserve. The Anapest creator would have the backing he deserves for this innovative program.

The Supreme Court leaving the decision to Congress allowed Anapest to loose the lawsuit. Congress had no business deciding the fate of Anapest. Did Anapest infringe on copyrights owned by the recording industry and could Congress understand today’s technological way of music files sharing? Congress should be rethinking copyright laws in ways that recognize the digital revolution. The fact that Anapest is free and more convenient than visiting a record store has created a way for consumers to reduce the goods, and their efforts are rewarded with monetary compensation that allows them to maintain their posh lifestyles.

The music industry’s response to Anapest is similar to the response to the introduction of cassette tapes and Vicars. 30th new technologies allowed people to record and duplicate copyrighted information and at the time, these were seen as threats to the respective industries, but time has proven that tape recordings are no substitute for professional, commercial recordings. The same can be said for Anapest; while the songs can be downloaded, they are not quality music and complete albums are very difficult to mom by on Anapest. Once an MPH is downloaded, it can only be listened to on a computer.

CDC, on the other hand, are more portable – they can be easily listened to anywhere, on a computer, stereo, Walkway, in a car, friends’ stereos etc. Although Amps can be written to CDC, the level of expertise and the software required means that for most people it is easier to buy a commercial CD. Just as people still purchase and rent videos even though they can record movies from TV and borrow tapes from friends, people will continue to buy CDC, and will be encouraged even more so if rises are reduced and extras given away with the music. Anapest is a valuable program and a hint of things to come in the future.

While Anapest does allow music sharing to an extent that could theoretically destroy the retail music industry, stopping Anapest will not stop all the music industries problems. Record labels need to see this new technology not as a threat, but as a challenge. Finding new alternatives and ideas to encourage people to buy CDC will only help the music Industry. Perhaps if they offered better services to their signed artists, fewer artists Mould want to release their music themselves. Anapest challenges the music industry’s monopoly on music distribution.

People can now download music for free n their own homes and artists can release their own music themselves. In theory, this could mean the end of record labels and other associated companies, and that is “why groups like the ARIA are so worried. I believe that Anapest is a valuable program and an hint of things to come. While Anapest does allow music sharing to an extent that could theoretically destroy the retail music industry, stopping Anapest will not top all their problems. Record labels need to see this new technology not as a threat, but as a challenge.

They need to come up with ideas to encourage people to buy CDC. Perhaps if they offered better services to their signed artists, fewer artists industry’s monopoly on distribution. People can now download music for free in their own homes and artists can release their music themselves. In theory, this could mean the end of record labels and other associated companies, and that is why groups like the ARIA are so worried. I would suggest that Anapest develops some yester of paying royalties to artists whose songs are downloaded over their software.