Kazaa

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//**“ All the MP3s I download are paid for, just not by me.”**//

=Kazaa=


 * Kazaa**, (originally spelled as **‘KaZaA’**) is a peer-to-peer file sharing application. The purpose of the program is to exchange music files typically in the mp3 format, across the Internet to other online users. One can search and download their favorite music from various artists and have the option and availability to even download movie files.

However just like most start up businesses Kazaa has been pagued by many operation problems leading to the sale of the company. The owners of Kazaa had been taken to court by music producers and by music publishing bodies to restrict its use in the sharing of copyrighted material. Buma/Stemra, a Dutch music publishing company, took Kazaa’s father company, Consumer Empowerment to court in 2001. Many other companies started to sue Kazaa, companies included recording industries as well as motion picture companies such as MusicCity and Grokster, who believed that Kazaa favored and allowed for mass music and movie piracy (Answers.com).

By November 2001, Kazaa could no longer keep fighting its battles in court, so the owners decided to sell Kazaa to another company. The company who bought Kazaa is known as the Sharman Networks, located in Australia. The U.S Recording Industry Association of America (RIAA) has also sued Napster and shut most of these file sharing networks down. However, these court cases have only resulted into underground distribution systems. For example, when Napster was sued replacements such as Kazaa and LimeWire appeared. The RIAA has also noted that such users will “switch to networks that use advanced encryption and routing techniques to make it impossible to track users” (Whitehead 2005).

By the end of March 2002, a court of appeal reversed an earlier judgment, and stated that Kazaa was not responsible for the actions of its users. However Kazaa was not free yet as though it thought it would be. Many more numerous attacks in the following years of 2002, 2003, 2004 and 2005 were being made against Kazaa by companies such as the RIAA, the Motion Picture Association of America and by the Australian Record Industry Association.

On September of 2005, Australia’s Federal Court had “authorized” Kazaa to modify their software so users could no longer illegally swap copyrighted songs. On December 5 2005, the Federal Court of Australia shutdown downloads of Kazaa in Australia because the company had failed to modify their software by the December 5th deadline( Answers.com). Here is the link to the court ruling. [|Universal Music Australia Pty Ltd v Sharman License Holdings Ltd]

Since then Kazaa has made changes and adjustments to the company. By making many new editions such as Kazaa Lite and other versions of Kazaa such as v3.0. New laws and regulations in countries such as Canada and the United States of America have modified Kazaa into a safe and reliable means of downloading music (Kazaa). However users in Australia are advised not to download any version of Kazaa Media Desktop until the Federal Court of Australia has made the decision of appeal, which will be in late February of 2006 (Answers.com).

In Canada, the “recent efforts by the Canadian Recording Industry Association (CRIA) to sue Canadian P2P users have stalled. Judges found that the CRIA failed to provide sufficient evidence to release the identities of alleged infringers” (Whitehead 2005). It is a very complex and challenging task to control those who copyright. This is why the “Canadian Private Copying Collective has recently submitted a proposal to the Copyright Board of Canada of placing a tariff of $21/gigabyte” (Just 2005). The basic idea is that if the infringers can not be stopped, they want to tax them before they start. =Music Downloading Today=

Today there are more than ever various programs, which allow users to download music through peer to peer systems. Many people will continue to download music online because the pros out weight the cons. Downloading music is free, easy, fast and fun. The typical online user who downloads free music is according to Forbes between the ages of 18 –29 years of age. Typical traits of an online down loader are someone who does not have the money to go out and actually purchase a C.D. In a few years these people will eventually get jobs and then be able to afford music, until then thier needs must be satisfied, which can be done by giving them the option and opportunity to listen to their favorite artists and song (Vives).


 * [|Ares]
 * [|Bear Share]
 * [|Cabos]
 * [|Lime Wire]
 * [|Morpheus]
 * [|Napster]
 * [|Zeropiad]

The Effects of Downloading Free Music Online
In the United States numerous record companies have started to sue online music downloading sites. A study done by SGAE found that 82% of the reason for the fall in sale records is because now online users have the recourses which allows them to download free music on the Web.


 * //What about the loss in money for the Artists?//** Popular artists can still make their millions through concerts and merchandising. Independent artists, on the other hand, have a harder time making music as a living. The positive effects of downloading music, for underground artists, is that their music gets out to the public. There are a variety of websites such as MySpace.com, Purevolume.com and AllMusic.com where music lovers can discuss, or gain knowledge about new and old indie artists. This may later lead Internet users to take this new knowledge and begin downloading their songs aswell. In this respect, music downloading is beneficial in getting new kids out to small shows played at small venues. The downfall, however, is that these Internet users could be potentially purchasing the CDs instead - the musicians could be potentially earning profits through CD sales aswell.



On the positive note of downloading music; it is good for then new artists to get their music online, when barriers make it hard to get into the business. Barriers include not having enough money to put out their own CD or finding it hard to get a deal with a record company (Vives). Furthermore, it offers consumers the opportunity to sample music from an album before deciding to buy it.

Who’s against file sharing?
There are numerous artists who are against illegal file sharing

Lars Ulrich one of the group members of Metallica has stated "//We have many issues with Napster. First and foremost: Napster hijacked our music without asking.////"//

Ed Robertson a member of The Barenaked Ladies once said, "//As long as they see// //themselves as thieves in general then I don't mind if they steal everything that they like. But it irks me that it's only okay to steal music.//"

Other Artists and songwriters such as Madonna, Elton John, Eminem, Sheryl Crow, Jay Z Lenny Kravitz and many more are speaking out against illegal copying.

=Artists for file sharing=

In recent news, a Canadian record executive is helping a Texas family fight a lawsuit against RIAA for uploading files. Terry McBride also has the support of artists such as Avril Lavigne, Sarah McLachlan and the Barenaked Ladies. His intentions are to “//create a positive concrete conversation between the artists, their managers and the record labels as to what the future is.... The fan is the future. Suing the fan is like shooting yourself in the foot//”(qtd. in Pacienza 2006). The RIAA has executed copyright infringement lawsuits against many people. However, even the music artists feel that suing the fans is not the answer. There will always be the tension between rights of the industry versus the rights of the public.

There are numerous artists who support file sharing these include:

Janis Ian once said "//The premise of all this ballyhoo is that the industry (and its artists) are being harmed by free downloading. Nonsense.//"

Sonic Youth's Thurston Moore believes "//Trying to control music sharing - by shutting down P2P sites or MP3 blogs or BitTorrent or whatever other technology comes along - is like trying to control an affair of the heart. Nothing will stop it.//"

Wilco's Jeff Tweedy said, "//If people are downloading our music, they're listening to it. The internet is like radio for us.//" =External Websites of Interest=


 * [|AllMusic] - Search by artists, song or album. Look up artist bios, discographies, related interests, etc.
 * [|Purevolume] - Look up emerging or established artist profiles, or post your own band's profile.

=Related Links=


 * Pirates and Piracy

=Articles of Interest=

[|Real boss tackles online piracy] [|Sony to settle anti-piracy CD row] [|Downloading 'myths' challenged]

=Works Cited=

__Answers.com.__ Available from http://www.answers.com/topic/kazaa?hl=kazaa&hl=lite#Technology [ Accessed at 25 February 2006].

Just, Matthew R. “Internet File-Sharing and the Liability of Intermediaries for Copyright Infringement: A Need for International Consensus” __Electronic Law Journals__. Mar. 2005. University of Warwick. <[|Source]>

__Kazaa__. Available from http://www.kazaa.com/us/index.htm [ Accessed at 25 February 2006].

Pacienza, Angela. **“**Avril, Ladies back Nettwerk's offer to fight downloading lawsuit.”**
 * Jan 2006. Canoe Network**.** <**[|Source]**>

Universal Music Australia Pty Ltd v Sharman License Holdings Ltd, FCA 1242. Federal Court of Australia, 5 September, 2005 Online at: http://www.austlii.edu.au/au/cases/cth/federal_ct/2005/1242.html, consulted on February 6, 2006

Vives, Luis. __The Pros and cons of downloading online music__. Available from http://www.iese.edu/en/files/6_8386.pdf [ Accessed at 25 February 2006].

Whitehead, Tyson. “Canadian Copyright Reform: The Internet.” Oct 2005. WhiteHead. <[|Source]>.