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on
the
A
by Cary
New
Is Waiting
World
Sherman
doing
lenges
"status
the
contrary
quo." But
record
large
companies,
media,
the promise
more
Cary
of
consumers
Sherman
is senior
executive
the Internet:
in ways
vice president
never
and general
to
in the
image
small, are alert to
their
and
to get more
before
counsel
music
to
imagined.
of the Recording
Industry
Association
of
America.
WINTER
2001
35
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All use subject to JSTOR Terms and Conditions
by illegal dis
tribution
the
to
devastating
potentially
are
Internet
any
legitimate
can
music
online
root
take
company
about
poten
online,
for
and develop
delivery mechanisms
standards to protect
technological
open
use
consumer
start,
of
the
focus
and
consumers
that
idea
they
generation
to
industry
against
the
Internet
unfortunate
that
piracy
artists,
songwriters,
no
value,
nies have
And
and
producers
record
America
the
not
expected
to
so-called
Left
a business
companies
access
tomorrow
services
to millions
of
for
pay
when
district
Francisco
agreed
finding
that Napster
Internet
eliminate
federal
would
why
a
subscription
is free?
court
that
with
in San
reasoning,
is actively facilitat
copyright infringement
ing widespread
and, in doing so, directly affecting the
for copyrighted
market
legitimate
works.
are
countered
Napster
merely
engaging
in fair
strangers
on
the
Internet
technology
to make
companies
the
Internet,
selection
available
for
with
use.
online.
standard
and
recording
working
new
develop
tent
to
labels
compre
legitimate
are also
record companies
ways
to deliver
consumer.
webcasts,
interactive
stored
music
and
downloads,
radio-style
webcasts,
in
con
record
Many
offer music
compilations,
to
companies
technology
already
music
consumer.
the
the
on
available
a more
of
custom
to music
music
creating
hensive
shar
fair
music
technical
sophisticated
technical
of music. The
the delivery
framework developed by the companies
involved in SDMI will encourage more
use
is not
technical
voluntary
protecting
and
to
isworking
to develop
companies
new business models
for
Individual
tech
security
SDMI
artists
its users
by
Inter
electronics,
accepted
enable
information
and
open,
for
that
network.
the Napster
ing files within
use
doctrine requires
the fair
But while
a complicated
and fact-specific
analysis,
one needn't be a copyright
lawyer to
technology
companies.
framework
a
con
and
including
providers,
an
can
offering
service
Napster's
has
compa
songs,
such
service
of
consortium
representing
consumer
A widely
Internet
launched
of
spectrum
develop
if
Even
companies
companies
nology
Napster
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and ^^^^^WBM|
launched
in the Secure Digi
Initiative,
technology,
net
the opportunities
marketplace.
legitimate
ser
com
to develop
industry
200
tent
is often
unchallenged,
The
record
and
online,
actively participates
wide
works.
litigation
online
some
use
"file-sharing"
to
alternative.
are working
tal Music
MP3
where
copyrighted
The
service
piracy, the
of
Association
to monitor
began
of
to online
Industry
is built
as
and
strategy. Ulti
response
legitimate
music
buy
record
have
unauthorized
illustrates why
consumer
of music.
Recording
on
people's
long
Scour,
best
is
panies
the
such
companies
against
cases
service
of other
and
the
companies
MP3.com,
Board.com?all
as
long
online
principles
offline.
record
major
lawsuits
to
a campaign to get
the true
about
thinking
in response
The
record
launched
consumers
so
necessary,
by
created
the
that it has
record industry understands
to find
customer
to make it easy for the
principles.
copyright
at least at this point,
to businesses
subscription
implication
and
artists
a new
online.
the music
seem
repeatedly.
Solutions
is not a business
Litigation
piracy
impression,
apply
"traditional" copyright
applicable to businesses
for
of music
legislation,
in court
Technology
on the
that existing
an adequate
relief against those
administra
(and
disregard
New
filed
online
issues
these
com
the
music
popular
to obtain
who
not
provide
as offline. The
mately
to
courts
to
Internet.
does
is not
for widespread
infringement.
well
The
license.
for
required
use of copyrighted
necessary.
Internet
educate
students
gram
nor
own
are
licenses
vice,
partic
greatest,
of
counter
they
initiative?
where
universities,
was
Also
copyright
especially
Napster,
record
the
an educational
at
value
such
recording
or
were
popular recordings.
www.soundbyting.com?aimed
real
Internet,
neither
they
Napster,
that
revealed
response,
launched
Internet.
the
groups
no
had
infringing
downloaded
on
else
everything
access
the
framework
ularly
to enforce
companies believe
law provides
copyright
the
In
on
of
component
Contrary
Enforcement,
Surveys
necessary
music
digi
and Litigation
with
use
of fair
purpose
a catchall defense
The
record
Education,
From
that
music.
tized
marketplace
The
exist
marketplace.
mercial
new
create
to
companies
technology
with
proactively
can
infringing
to
where
necessary
litigated
established
under
copy
rights
activity,
enforce
legitimate
in
environment
of the benefits
rights
educated
copyright
Internet
the
policed
right
has
industry
pirate
an
create
strategy is litigation
marketplace
its full
realize
and
which
because
distribu
that contemplates
legitimate
tion of music online. To help ensure that
a
to
is
goal
and
real
cyber-lockers.
and
access
And
36
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All use subject to JSTOR Terms and Conditions
REVIEW
also
music
to
the
using
distribute
their
ways.These
new
nascence
place
new
offer
consumers.
Internet
music
technology
business
of
models
a
legitimate
consumers
where
of
ways
And
of
net
distribution
Peer-to-peer
works
are
be subscription models
getting
artists
many
to promote
in
creative
and
new
partnerships
online
can
and
the
represent
market
get
the
z
LU
O
<
O
o
LU
>
LU
I
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even
the most
nologists
be
certain
J
5JP
m
years. Music
through
over
may
be in a few
channels,
or
services,
file-sharing
where
be distributed
subscription
revolutionary
tech
prescient
can
technology
via
not
yet
of
promise
place
ensure
that
the
created by U.S.
to
music
every
The
when
want,
they
conceivable
Future
want
they
it, in
format.
of Internet
Music
will
see
a virtual
explosion
legitimate music
on
WINTER
the
Internet.
of
available
But
not
in
apply
the
balance
of
is to
incentives
law continues
copyright
online
market
challenge
world.
U.S.
copy
viding
The
music
legitimate
is fulfilled. The
and
disseminate
incentives
intact
take
and
must
advantage
promise
200
and
to those who
creative
rewards
encourage
of
the
produce
works.
must
Those
remain
creators
to
extraordinary
of the Internet.
37
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