To file share or to not file share, that is the question. The concept of the internet was developed in the 1960’s as a revolutionary idea to share information and data amongst a group of computers. The original concept was to allow universities and the United States Military share data for research and field operations. This network of computers was designed to provide redundant data storage and communications in case one or more locations were destroyed.

Since the inception of the internet, people have attempted to use it for sharing data. As the Internet has evolved so did the users and the information they wanted to share. In today’s modern internet people can share information through various avenues, for example: websites, social networks, email, documents, executable files, data files and much more.  Unfortunately, as the internet and its users have grown, some industries have not paid attention. Currently, there are several industries that have really fallen behind in keeping up with current trends, and are severely paying the price for their lack of action.

A current example of this is with the Recording Industry Association of America (RIAA) and file sharing. RIAA contends that customers who purchase music can only listen to the music and cannot share it with others. This can be seen when the RIAA sued Napster for distributing copyrighted music through a technology called file sharing.

File sharing as defined by the Media Awareness Network is downloadable software that permits users to share music, video, image or book files directly with peers.

Users of file sharing networks simply had to extract the music from a CD into a music compatible format. Typically most music files at that time where saved as MPEG file format. Once the users got music in this format it was very easy share their music with others.

The big question now is who actually owns the music, does the music industry still retain the rights of the music regarding who has access to listen to it, or is it up to the owner of the music CD.  According to the First – Sale Doctrine, it is the right of the purchaser of the CD to decide who can access the information on the CD. In addition, the original owner looses all rights to the music once it has been sold. 

The importance of defining who actually owns the music has a great impact on the future of the industry. If the industry is determined to be the actual owner of the music then anyone who has shared at least 1 fine with another is guilty of violating the copyright. However, if the owners of the CD are determined to be the owners of the music then the music industry will have to figure out some other way to protect their music so that it is more lucrative for them or they will go out of business.

References:

• http://www.walthowe.com/navnet/history.html
• http://www.media-awareness.ca/english/resources/special_initiatives/wa_resources/wa_shared/backgrounders/internet_glossary.cfm#F