WHAT WOULD YOU DO?
Question:
Your friend has emailed you the URL of a new Web site that permits free music downloading. The site maintain a central databases of thousands of the most current and popular music issued thousands of subpoenas to Internet service providers across the United States in attempt to get the names of people offering music on file-sharing networks, such as KaZaA and Grokster, But this is different, isn't it? You are simply downloading from a central database; you're not sharing your music with others. Are there any legal or ethical issues that would keep you from accessing this Web site?
Answer: In this case there is no unethical issue if the condition are meet. The Central Databases that permits users to record and access there web without issuing subpoenas to there users, and there rules is that, after a user finish downloading, sharing and recording is being prohibited. No unethical issues will be acted if it is being follow, but today we can't deny, that some will be againts the law.
Questions:
1. Research the Internet on the status of the Real Networks vs. Apple dispute. Write a one-page summary of your findings.
Answer: Apple Vs. RealNetworks: A Lawyer\'s Perspective, Posted 08-04-2004, 08:37 AM Quote By Jim Dalrymple of MacCentralWill Apple Computer Inc.'s dispute with RealNetworks Inc. over RealNetworks' new Harmony technology have to be settled in court? One lawyer said that Apple has available several legal avenues, each with potential risks for Apple and the burgeoning digital music market.RealNetworks last week introduced Harmony, a technology that allows users of the Real Music Store to download their files onto an Apple iPod, a space Apple has strongly defended for its own music store files. Apple responded, saying that Real's efforts were the "tactics and ethics of a hacker."Apple also cautioned Real that they were investigating the ramifications of the software under the Digital Millennium Copyright Act (DMCA), legislation enacted in 1998 that extended American copyright law to cover digital content. Real claims that they did not violate any laws under the DMCA and said, "consumers, and not Apple, should be the ones choosing what music goes on their iPod.""What they [RealNetworks] are doing is a huge risk, there is no doubt about that," Scott Culpepper, a partner at Atlanta-based law firm Thomas, Kayden, Horstemeyer & Risley, told MacCentral. "I would suspect Apple will file some type of legal action against them -- I'd be very surprised if they don't."It depends on what [RealNetworks] did -- there are several avenues that Apple may have," said Culpepper. The DMCA, general copyright law, and Apple's own license for iTunes all come into play.Read the rest of Mr. Dalrymple's article here.
2. Under what conditions might a court find that RealNetworks violated the DMCA and must stop selling its harmony software products?
Answer: For the Real Network, they violated the Law of DMCA for translating the digital rights of Apple Company, for which the goal is to preserved there products and avoiding copiers to copy there finish products.
3. Under what conditions might a court find that, Real networks did not violate the DMCA and can continue to sell and distribute its Harmony products?
Answer: During the long investigation of the DMCA group surveillance, they found out that the software called Harmony which is being developed from Real Network Company was not designed to disable or remove any digital rights management system. For additional information RealNetwork press release, “Harmony follows in a well-established tradition of fully legal, independent, developed paths to achieve compatibility.
4. Do you think the DMCA should be changed? If so, how should it be changed? If not, why not?
Answer: They must changed there rules, like what was happen to Apple company vs. Real Network. The real network company publish a site called harmony and acted as legal, because they didn't changed the settings of the music they just made the harmony to permit the user to play the music in any music devices..
