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Motion-Picture-Experts Group, Audio Level 3 (or more commonly known as MP 3) -- this new form of audio compression has become a wide topic of controversy over the past few years. MP 3 has caused a wide debate over legal and ethical issues since its release in January 1995. Many court cases and lawsuits have resulted from the release of this new technological innovation and there are sure to be many more. MP 3 s are highly compressed audio files that can be stored on any computer storage medium. Anyone with a general knowledge of computers and the Internet can make an MP 3 file. All one needs is a CD ROM drive, a CD ripper, and an MP 3 compressor.
CD rippers and MP 3 compressors are available free on the Internet. First an audio CD is placed into the CD ROM drive and then, using the CD ripper, any amount of audio tracks can be converted into. wav form and put onto a computers storage medium. A typical audio track in. wav format is 30 megabytes, meaning that a whole CD would take up 360 megabytes of space on average.
This is a tremendous amount of disk space to be taken up. This is why the MP 3 compressor is used next. The MP 3 compressor can take a 30 megabyte. wav file and convert it into a 3 megabyte. mp 3 file with only minimal loss of sound quality. The MP 3 compressor takes all the 1 s and 0 s in the.
wav file and uses a highly advanced system of compression and encryption to convert the. wav files to. mp 3 files which are usually 1 / 10 the size of what they were. MP 3 files have become a big topic of controversy, because their small size and high quality make them very easy to be pirated.
Many people get MP 3 s via pirate websites, mIRC (a chat program which allows users to send files), ftp servers (files on a remote computer that are only accessed with a valid login name and password), and sent to them through e-mail. With the recent introduction of recordable CDs, people have also begun taking their MP 3 s, decoding them, and then recording them onto CDs. There are even websites that sell these bootlegged CDs for a fraction of the cost of a regular CD. With all the illegal MP 3 use and the attention the media has focused on the illegal usage of MP 3 s, it is easy to forget that MP 3 s by themselves are not illegal.
If someone owns the copyrighted CD from which the MP 3 is taken, they are allowed to have that song on their computer in its entirety. It is the same as if someone records a song from one of their CDs onto a tape and then listen to it in their car. MP 3 s can also be downloaded and transferred if the artist has given their express permission. This is why websites like MP 3.
com exist -- to distribute MP 3 s and promote artists who give their consent to their song being previewed by people via MP 3. The Recording Industry Association of America (RIAA) is the biggest opponent of pirated MP 3 s. The RIAA has filed lawsuits against companies that they believe have violated piracy laws. One of their biggest and most publicized legal battles was against Diamond Multimedia Systems, maker of the Diamond Rio. The Diamond Rio is a portable, pager-size MP 3 player that retails for just less than $ 200 and stores about 60 minutes of digital music. The RIAA contended that the Rio, did not meet the requirements of the AHRA (Audio Home Recording Act) which required royalties to be paid on each device and SCMS (serial copy management system) to be implemented.
In addition, they suggested that it would bolster an already out of control wave of digital piracy and irreparably harm the undeveloped commercial music business. The RIAA seemed to have the law on its side when it won a 10 day temporary injunction against the release of the Diamond Rio. Diamond Multimedia Systems then tried to get a $ 10 million bond from the RIAA to cover possible damages to their business, of which the judge only awarded $ 500, 000 dollars. The same judge then ruled that, Diamond Multimedia Systems did not demonstrate a causal relationship between the Rio and unauthorized copying.
Furthermore, the judge found that the Rio did not violate the AHRA in such a way as to warrant an injunction. In fact, anyone with an MP 3 file on their computer for which they do not have the CD nor the artists consent to own, is breaking the law. Websites that store pirated MP 3 s and make them available to the public are illegal and ordered to shut down, or face prosecution. But the rate at which these websites go up can hardly be compared to the amount of sites that are shut down. In fact, there is an estimated 150, 000 MP 3 files on the Internet right now and this amount is ever growing. This is causing the RIAA a great strain, because MP 3 is so popular and easily accessible that no one specific person / website can be called to blame for the audio piracy.
The RIAA isnt about to attack the end users of pirated audio software and the websites that hold large amounts of pirated MP 3 files are frequently operated by one underage individual and not worth the time of the RIAA to bring a lawsuit. Besides the Riaa's lawsuits, there have also been other attempts to kill MP 3 software. There are new types of audio compression coming out that seek to overthrow the MP 3 format and also make it much harder for audio files to be pirated. The RIAA is even funding research for audio compression that will replace MP 3. GMO (Global Music Outlet) has come up with a form of compression derived from a form of compression called a 2 b. When they released it, however, they dubbed it MP 4 in an attempt to deliberately confuse users of MP 3 that there was a new better compression method than MP 3, when in reality it has nothing to do with the MPEG form of compression at all.
The RIAA has even come up with a method of distribution called Secure Digital Music Initiative, or SDMI. This method will enable existing forms of audio compression such as Liquid Audio, a 2 b, or even MP 3 to work with each other but will only let licensed users have access to an audio track and not allow copies to be made and transferred. The RIAA has also obtained help from Lycos. com (a popular search engine) to curb illegal MP 3 transfer.
After Lycos. com came out with an MP 3 search engine, the RIAA contracted with them so that Lycos. com would automatically kill all MP 3 files that were found to be illegal. Another problem with MP 3 files is that artists are losing money on the pirated MP 3 s that are distributed. Defenders of MP 3 say that they have little sympathy for the record corporations, since they have been drastically overcharging the public for CDs for a long time. They also contend that someone have to spend 10 to 20 dollars on a CD for only one song.
Although these problems are evident, it still is not right for the artists not to get paid at all for the effort they have put in to making the songs. Some artists and record labels are already forging ahead, in the belief the popularity of MP 3 s could generate a huge promotion for sales of their legitimate recordings. Such major labels as Disney-owned Hollywood Records (Alien Sex Fiend), Mercury (Swirl 360), and the Beastie Boys' own Grand Royal label have already distributed free songs in the MP 3 format. The rap group Public Enemy even defied their record companys wishes and released MP 3 songs on the Internet. The groups defiance of their record label led to a lawsuit against them. Some record industry veterans say the business needs time to adjust, get its pricing and marketing plans together, and brace employees and customers for the ever-changing effects sure to come from the constant ups and downs in the business.
MP 3 files by themselves are not bad. MP 3 s are a great technological advantage and should be embraced, but not at the expense of the artists. MP 3 software should be more highly regulated so that copies cannot be easily made and so that artists and companies get royalties. Perhaps enforcement of piracy should go so far as fines or jail sentences.
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