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Websites - Annotated Bibliographies
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Written by Patrick Marino, Canisius College
Bradley, D. L. (2004). Music piracy on college campuses. Retrieved January 15, 2007, from the University of Vermont IT News Web Site http://www.uvm.edu/ets/IT-news/200412/feature/musicpiracy.pdf
Aims to determine the affects of ‘internet piracy’ on college campuses. To do so the author focuses in the impact that illegal music sharing has had in these environments.
Chiang, E. & Assane, D. (2002). Software copyright infringement among college students. Applied Economics, 34, 157-166.
This report provides the results of a research study related to illegal file sharing on college campuses. The goal of the research was to determine the extent of illegal downloading that was occurring, and to assess student perceptions of the practice and potential consequences for illegal file sharing.
Christian Music Trade Association (n.d.). Music piracy: Millions of wrongs don’t make a right. Retrieved January 15, 2007, from http://cmta.com/brochure.htm
This online brochure draws resources from the RIAA and musicunited.com to help educate viewers about the realities of illegal file sharing, who it impacts and what the consequences are. The brochure also clarifies the laws related to file sharing and copyright.
Eolas Technologies, Inc. and the Regents of the University of California v. Microsoft
Corp., 457 F.3d 1279 (2006)
In this court case the University of California filed suit against Microsoft Corp. for infringing on a copyright held by the University for a portion of a software program. The U. of CA argued that they had developed the software and made attempts to sell the information to Microsoft, who then used it freely and without permission. Microsoft countered that they were unaware of the copyright, and that such attempts to solicit to the company are ignored as procedure. Microsoft was not found guilty of knowingly committing infringement, but was found responsible for continuing to do so after becoming aware of the patent. That decision is currently being appealed.
Foster, A. L. (2003, October 17). 261 people sued over sharing music online; colleges work on a compromise. The Chronicle of Higher Education, 50(4), A33. Retrieved January, 15 2007, from http://www.csudh.edu/asi/asiradio/documents/articles/261%20People%20Sued.pdf
This article discusses a wave of RIAA lawsuits against copyright violators who illegally shared music online. Furthermore, Foster discusses plans by colleges to employ systems in which the institution would pay a fee so that students and staff would be able to download music legally.
Galuszka, P. (n.d.) The war over internet piracy: Fearing lawsuits, college officials crack down on illegal downloading of music and videos on campus. Black Issues in Higher Education, 21. Retrieved January 15, 2007, from, ERIC database.
This article provides a general overview of the illegal downloading issue at colleges. The article sticks to basic information, but does include some input from students in order to offer that perspective.
Grosso, A. (2000). Legally speaking: The promise and problems of the No Electronic Theft Act. Communications of the ACM, 43, 23-26.
This report provides an explanation of the NET Act, its scope, and its role in enforcing copyright law in the digital era. It argues that there are several perceived problems with the act, most notably the difficulty in keeping legislation up to date with changing technology.
Hamilton, M. A. (2003, August 7). Why suing college students for illegal music downloading is right. CNN.com/LawCenter. Retrieved January 15, 2007, from http://www.cnn.com/2003/LAW/08/07/findlaw.analysis.hamilton.music/index.html
In this article the author relates the necessity for an enforceable copyright law in our society offering reflections on how past artists would not have become the legends they are without copyright protection. The article offers this argument in order to support the practice of suing students who illegal download copyright music.
Harmon, A. (2003, May 2). Suit settled for students downloading music online. New York Times. Retrieved January 15, 2007, from http://www.nytimes.com
This 2003 article describes the outcomes of several RIAA lawsuits, including the fines that some students were made to pay. Noting that the payments were significantly less than the billions initially sought the article explores the impact of such lawsuits on downloading behaviors.
Hinduja, S. (2003). Trends and patterns among online software pirates. Ethics and Information Technology, 5, 46-61.
This entry is a research report featuring an overview of the software piracy issue, and opposing viewpoints of the issue. Results of a quantitative study addressing Internet piracy in a university environment are provided as well.
Im, J. H. & Van Epps, P. D. (1991). Software piracy and software security business schools: An ethical perspective. AGM SIGMIS Database, 22, 15-22.
Provides the results of a survey about Internet piracy and software security at 241 business colleges. The authors discuss methods of reducing institutional liability for faculty, staff, and student copyright infringement.
Johnson, D., & Henry, S. (2006). Downloading and file-sharing activity of college graduates entering the workforce can impact their job prospects, says new study. Business Software Alliance. Retrieved January 15, 2007, from, www.bsa.org/usa/press/newsreleases/DTL-Graduates.cfm
This report from the Business Software Alliance finds that 86% of companies who are making hiring decisions consider information about past downloading and other copyright violations. The article stress the point that students may not realize that illegal downloading could negatively impact their future plans.
Kleefeld, E. (2005). Marquette targets illegal downloading: University is first to adopt ‘Define the Line’ program. Wisconsin Technology Network. Retrieved January 15, 2007, from, http://wistechnology.com/article.php?id=2251
This article describes a program, called Define the Line, which was developed by the Business Software Alliance. The program, in this case being employed by Marquette, is designed to educate students at all levels about the importance of honoring copyrights.
Landau, M. (2002). Digital downloads, access codes and US copyright law. International Review of Law, Computers & Technology, 16, 149-170.
This informative article looks at the legality of file-sharing software such as Napster, in the context of the Digital Millennium Copyright Act, the Audio Home recording Act and the ‘fair use’ doctrine. Various views of the issue are presented along with the author’s own thought’s and perspective of the copyright issues.
Lane, J.E., & Healy, M. A. (2005). File sharing Napster, and institutional responses: Educative, developmental, or responsive policy? NASPA Journal, 42, 534-548.
Recognizing illegal file-sharing as a growing issue for colleges, this article reviews the issue itself, analyzing existing policies on college campuses, legal advice, research and government reports, and media coverage. The result is an assessment of the effectiveness of various methods of attempting to discourage Internet Piracy by college students.
Lawhon, T., Ennis-Cole, D., Lawhon, D. (2006). Copyright laws and fair use in the digital era: Implications for distance-education programs in community colleges. Community College Journal of Research & Practice, 30, 479-483.
Discusses the role of copyright law in community colleges. The article stresses the importance of upholding copyright law in academic arenas and the need to educate students about the consequences of violating these laws.
Lemley, M. A., & Reese, R. A. (n.d.). Reducing digital copyright infringement without restricting innovation. Retrieved January 16, 2007, from, http://ssrn.com/abstract=525662
This article takes a unique perspective arguing that suing the companies that create peer-2-peer file-sharing software to prevent copyright infringement is not the correct approach. The authors suggest that such attacks discourage creativity in software development.
Messiah College (2006). Online piracy sets sail on the web. Retrieved January 15, 2007, from http://www.messiah.edu/etc/downloading.html
This is a guide for students at Messiah College to follow when making decisions about illegal downloading. It provides an example of how to approach the issue in a passive manner on a college campus.
Metro-Goldwyn-Mayer Studios Inc. Et Al., Petitioners v. Grokster, LTD. 125 S. Ct. 2764
(2005)
In this court case MGM studios and other producers of copyright material, specifically music and movies, sued Grokster, LTD. Grokster is a company that developed a peer-to-peer file-sharing program. Grokster was found to be supporting the use of its software for illegal file-sharing and was made to pay damages to MGM Studios, Inc. et al.
Moohr, G.S. (n.d.) The crime of copyright infringement: An inquiry based on morality, harm, and criminal theory. Retrieved January 15, 2007, from University of Houston Law Center, Professor Geraldine Szott Moohr Web site: http://www.law.uh.edu/faculty/gmoohr/Criminal.pdf
This essay by a Houston Law professor critiques modern copyright laws designed to address changes that have resulted from the advancement of Internet file-sharing technologies. Moohr argues that the current arguments used to justify changes in law are not solid enough to warrant restriction on reproducing materials for personal use.
Norifore, M. & Watter, S. (2005). Letter to students about copyright infringement. Retrieved January 15, 2007, from Haverford College, Academic Computing Center Web site: http://www.haverford.edu/acc
This entry provides an example of how one college chose to address downloading issues on their campus. The document is a letter from the administration to students about the policies on downloading and potential consequences of breaking copyright law.
Ribble, M. S., Bailey, G. D., & Ross, T. W. (2004). Digital citizenship: Addressing appropriate technology behavior. Learning and Leading with Technology, 32(1), 6-9.
This article defines the term ‘digital citizenship’ and discusses the need to educate students about this important concept. The aim of the article is to provide a guideline to developing “well-rounded, technology-savvy students.”
Vaidhyanathan, S. (2002). Copyright as cudgel. The Chronicle of Higher Education, The Chronicle Review, B7. Retrieved January 16, 2007, from http://chronicle.com/free/v48/i47/47b00701.htm
This news report provides real examples of how the Digital Millennium Copyright Act of 1998 has altered the rules of ‘fair use’ and general practice for using copyright information. The report helps readers get a real sense of the impact of changing copyright legislation.
Additional Resources:
www.musicunited.org is a website designed to educate people about illegal downloading.