highly recommend the bettig book already mentioned, and you may want scan
the attali for choice passages to quote (if it is possible to scan attali
Lessig's Code and other rules of Cyberspace has some interesting passages on
intellectual property rights.
Shamans, Software and Spleens : Law and the Construction of the Information
Ballinger, R. (1995). "The Sound of Resistance." In Sakolsky, R. and Wei-han
Ho, F. (Eds.) Sounding Off! Music as Subversion/Resistance/ Revolution. New
Eyerman, R. and Jamison, A. (1998). Music and Social Movements: Mobilizing
Traditions in the Twentieth Century. Cambridge, England: Cambridge
>From the Industry Standard Media Grok 10/2/00
'The Best File-Sharing Service Ever!'
It was a global party that kept tens of millions glued to their
screens every evening. We laughed, we cried, and together we built
memories that will last a lifetime. But like all parties, this one
appears to have come to an end. The Olympics? No, we mean Napster.
Napster returns to the arena today for the contest its lawyers have
trained for all summer: its clash with the Recording Industry
Association of America. The tech press has handicapped the match, and
it doesn't look like the outcome will do much to build your MP3
The smart money isn't betting on the little file-sharing service that
could. In Salon, Damien Cave found a San Francisco copyright expert,
Fred von Lohmann, who said Napster attorney David Boies is giving
himself a 50-50 chance. Lohmann explained (for those of us who are not
lawyers), "If your lawyer is only giving you a 50-50 shot, that's not
a good sign." Cave and the San Jose Mercury News' Howard Mintz looked
at the record of the three-judge panel that will hear today's brief
presentations by attorneys for Napster and the RIAA. Both found that
one judge, Mary Schroeder, held a Fresno swap meet guilty of
permitting its vendors to sell counterfeit Latin music recordings.
She's likely to be no friend of a service that has turned 22 million
music lovers into MP3 pirates. The Wall Street Journal's Lee Gomes
also pointed out that the RIAA's lawyer, Russell J. Frackman, is the
same fellow who brought the swap meet suit to trial.
Then there's the young contender that's been waiting for its moment in
the spotlight: Gnutella. Born and raised in America Online's San
Francisco music headquarters, the decentralized, open-source service
one Sunday afternoon escaped from AOL's servers into the wild, and has
since grown into a file-sharing titan in its own right, reportedly
serving hundreds of thousands of users. Until recently, the tech press
had met any prediction that Napster would be shut down with a knowing
snicker and a reference to Gnutella. But now we're reading that
Gnutella can't handle the load. Salon columnist Janelle Brown pegged
it with her opening line in Friday's column: "There's always
Gnutella." But Brown, like ZDNet Music's Aaron Pava the week before,
reported that the service won't handle the millions that Napster does.
Its designers built it to work with 350 nodes, not the tens of
millions that Napster serves.
Meanwhile MP3.com, which achieved a separate peace with the music
industry by dealing with Universal Music, is staging its own event, a
"Million E-mail March." MP3.com, which is now wisely labeling its
constituency "CD owners," wants to flood Congress with e-mails
supporting a bill that would legalize making a personal copy of your
CD and storing it on a remote server. Not coincidentally, that's the
essence of the My.MP3.com service, which drew the company into open
warfare with the recording industry. Napster has tried this, too,
albeit in a less high-profile way. Would the lawmakers consider a law
making it legal to swap unlicensed copyright songs with 22 million of
your closest friends? - David Sims
Singing the Napster Blues
Napster in Court to Plead for Future
Napster Appeals Panel Offers Few Clues
Napster to Appear Before Appeals Panel, as It Fights for Legality of
(Paid subscription required.)
Will Napster Get Nailed?
The Gnutella Paradox
Gnutella Is Going Down in Flames
Million E-Mail March (AP)
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