Test Essay

NAPSTER VS. THE RECORDING INDUSTRY ASSOCIATION OF AMERICA Napster versus The Recording deceitfulness standstill of America (RIAA) is a procure irreverence lawsuit that began in 1999. RIAA is the plaintiff representing many medicine corporations and various artists who atomic number 18 the owners of the procure material. Napster is the defendant who issues secure melody available to the raw for Internet downloads without the permission of the owners.         According to public temper, Napster has willfully provided this copyrighted music to users with the prior knowledge of infraction. Their internal characters, behavior and, closely of all, their own admission to this illegal act, wee-wee proven this. Napster has overly contributed to direct trespass by its users; due to when these users download music, they devote violated reproduction and distribution rights. Napster provides the means for this user infringement by supplying the softw argon, hardware and man violence that makes it convenient for the music transfer. To further contribute to this delinquency, Napster has refused to provide the court with the identities of its users.         Ignorance has not been a tactic used by Napster. Their founders, Sean Parker and Shawn Fanning, have been quoted saying, bypass the record industry entirely. Also the top executives of this company have 45+ years experience in intellectual property matters and in the recording industry. This combined experience in the industry they are exploiting provides them with more than enough awareness of their actions. However, these knowledgeable executives have in any case continuously downloaded copyrighted music Francine L. Williams Group 5 page 2 on their own computers. Ironically, Napster posted its own copyright notices, which included the threat to sue for logo trademark infringement.         Napster is similar liable for vicarious infrin gement. This means they have the right and ! power to supervise their users and have a direct financial adventure in these users.

Napsters responsibilities included but not practiced, were the volumed businessman to block users, set controls on users environments, filtering or blocking. Another regularity of policing the system was to log and gather in the entropy of all offered and shared music. However, Napster did not use this method until they were tenacious to do so.         The financial benefit to Napster has fueled their disinclination to provide the courts with user information and to stop the illegal infringement performance that is the sole basis o f their business practice. After notification of its wrongful infringement conduct, Napster continued to conduct business development the latest operating procedures. As of October 1, 2001, the Recording Industry Association of America, plaintiffs in this case, is entitled to judgment on their claims. Sources: [online] www.riaa.com/pdf/PlaintiffsSJM.pdf [online] www.cnn.com/2000/LAW/08/07/copyright.overview/ [online] www.riaa.com/napster_legal.cfm If you essential to subscribe to a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay