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File Sharing Software

One of the most controversial technological innovations of the past decadeor more, file sharing software applications have transformed the wayspeople view intellectual property. In fact, intellectual property has onlyrecently been a subject of popular debate, since the newsworthy demise ofNapster. With the advent of the Internet and subsequent softwaredevelopments, computer users worldwide have been able to upload, download,and share files, many of which contain copyrighted material. In some ways,this type of file sharing seems to fall under the "fair use" clauses incopyright laws, which dictate that individual consumers are free to make afew personal copies of material for limited use. However, file sharingsoftware calls into question the extent of "fair use" because potentiallymillions of people could have access to one copyrighted file. File sharingtherefore raises a host of ethical and legal conundrums. First, thecreators of the copyrighted material: musicians, writers, or softwareengineers, are potentially losing money. After all, they are receiving norevenues from the freely distributed materials. On the other hand, sharingfiles via the Internet may not be damaging creative professionals as mu


Softwareengineers like me are in the same boat: many of our products are notcommercially viable but rather are small applications that cater to aselect market. Awareness can be taught simply; it doesn't have to be preachy. I'm not talking aboutBrittany Spears or Bill Gates. If I realize that several hundred or even several thousandpeople have obtained copies of my work without paying me a dime, I getangry. These independent artists do deserve recognitionand payment for their work. Therefore, file sharing alerts a bloated industry that their ownbusiness practices are unethical. I feelthat if people are given the opportunity to freely trade material, theywould be more than happy to spend a few pennies now and then. Similarly, if I download an album I really like, I willbuy tickets for that band's next concert or purchase their latest CD. However, many recording artists are not signed with big musiccompanies and rely on the steady but small stream of income that tricklesin from their CD sales. As more musicians and software engineers put their productssuccessfully on the market, more people will realize that their friends arethe ones who stand to lose the most from heartless file sharing. As thephenomenon dies down and becomes as natural as using a telephone, more andmore people will use file sharing as a convenient way to sample newmaterial, whether film, audio, or software. Even as a professional whorelies on intellectual property law for my income, I wouldn't want laws tobe rigid regarding file sharing. Ihave discovered many new bands this way.

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