P2P Term Paper

[tgxiii]

I'm not sure if this belongs here, but it seemed to be the best place. Anyways...

I am writing a paper for my political science class. I am supposed to research a particular policy and I was thinking that I could argue the legality of peer-to-peer software programs. Any suggestions as to how I could prove this? Here's what I got so far:

-P2P/VHS analogy: there are legal uses and illegal uses. Recording an NBA game and re-broadcasting it without the expressed written consent of the NBA is illegal, but owning a VHS isn't. The same should be true for P2P programs.
-It's pointless tying up the judicial system to shut down one because another one will just pop-up somewhere else. When Napster was shut down, Morpheus and KaZaA took over. When KaZaA is gone, another will take its place.

I recommend opting for your first arguement. It delivers the most concrete of the two concepts, atleast from a legal standpoint. I would suggest expanding the idea, and you should have a great paper on P2P.

Arguement two does not address the legality of the situation, but only offers an opinion of the logic behind the RIAA lawsuit process. Accordingly, it is more subjective, thus not as concrete as your first arguement.

I highly recommend checking through the news archive for RIAA-related topics. There you should find many great legal arguements both for and against P2P technologies.

http://www.techimo.com/newsapp/index...0&sort=1&user=

Robert Richmond

[tgxiii]

Wow... lots of info there. Thanks! Maybe someone can help me find more ways to prove the legality of p2p software other than what I've said so far about the VHS analogy?

[RicheemxX]

well basically p2p software is legal the illegal aspect is sharing of copyrighted materials. If you look through some of the older posts reguarding the RIAA and p2p software I know I've posted a few links that would be extremely helpfull, only one problem is my username was recreated so it might make it a bit of a pain.

[Mike]

So how goes the paper?

[djaxis]

Another example could be Descramblers for cable. They are legal to sell but they are illegal to use to pirate cable channels.

[tgxiii]

I only had to turn in a thesis statement for now. The paper is due November 25. I was thinking I'd also argue for the legality of MP3's. I found this website: http://www.ornery.org/essays/warwatch/2003-09-07-1.html

Anyone else know any others that argue for the legality of sharing MP3s and other copyrighted materials?

[RicheemxX]

Originally posted by djaxis
Another example could be Descramblers for cable. They are legal to sell but they are illegal to use to pirate cable channels.

technically yes it in the same realm, as you can use a descrambler as long as you tell your cable company you have it and they charge you full price. But this is not really a good comparison as using P2P software is 100% legal its the material your sharing that brings the illegal aspects. Your basic argument would be better pointing to the legal sharing of freely distributed software and or music. Or even the legal distribution of copyrighted materials via the major P2P softwares with licensing agreements using the p2p medium as a major benefit to small business or small music labels or independent artists

[tgxiii]

My teacher just told me that I should also include what I think Congress should do to ensure that it stays legal. I was thinking I could talk about the Peer to Peer Piracy Prevention Act. I did not read it all the way through, but from what I gathered it talks about how copyright holders can take preventive measures so that their works don't get pirated. It keeps p2p software intact, allowing people to trade legal files still.

If I'm wrong about the Peer to Peer Piracy Prevention Act or there's more to know, please tell. Also, if there are other relevant information that could help me formulate ideas on how Congress could ensure that p2p software stays legal, please tell also.