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Peer to Peer and the Music Industry: The Criminalization of Sharing [Pehme köide]

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Teised raamatud teemal:
Have the music and movie industries lost the battle to criminalize downloading?

This penetrating and informative book provides readers with the perfect systematic critical guide to the file-sharing phenomenon. Combining inter-disciplinary resources from sociology, history, media and communication studies and cultural studies, David unpacks the economics, psychology and philosophy of file-sharing.

The book carefully situates the reader in a field of relevant approaches including network society theory, post-structuralism and ethnographic research. It uses this to launch into a fascinating enquiry into:

the rise of file-sharing the challenge to intellectual property law posed by new technologies of communication the social psychology of cyber crime the response of the mass media and multi-national corporations.

Matthew David concludes with a balanced, eye-opening assessment of alternative cultural modes of participation and their relationship to cultural capitalism.

This is a landmark work in the sociology of popular culture and cultural criminology. It fuses a deep knowledge of the music industry and the new technologies of mass communication with a powerful perspective on how multinational corporations seek to monopolize markets, how international and state agencies defend property, while a global multitude undermine and/or reinvent both.

Arvustused

[ T]his superb book explores the many aspects of the debates surrounding the emergence of the peer-to-peer file-sharing phenomenon and subsequent attempts at control of both the technologies and consumer... The result is a wide-reaching, highly incisive work that should be on the reading lists of any music, media and culture courses... [ A] brilliant examination of the criminalisation of culture understood through the context of the contradiction between profitability and the potential suspension of scarcity. -- Martin James Takes the reader on an interesting journey along the knife edge of contemporary criminology and deep into the machinations of the intellectual property land grab that is currently taking place in the information age... There is far more information and analysis packed into the 186 or so pages of the book than this simple review can give credit to, but its main strength is that it nicely brings together the themes that currently form various debates about intellectual property and file sharing. The books interesting and sophisticated academic analysis provides and interesting narrative of contemporary events in the life of intellectual property that contextualizes the law and opens up the readers imagination to what has, until lately, been a relatively unchartered area of social (and criminological) activity. -- David Wall This book is far-reaching in its implications for our understanding of modern society and culture and should be read by anyone with an interest in the future of music. Davids discussion of the music industrys response to digitisation and the culture of downloading and file-sharing dispels the myths about pirates stealing our musical heritage. It puts the spotlight firmly on an industry that has exploited artists and audiences alike for years but which now finds itself imperilled by a mixture of technological change and the creative practices of (mainly) young people. The analysis is scholarly and rigorous yet the book is accessibly written and contains moments of real humour. -- Graeme Kirkpatrick Too often the music industry is seen as merely being about entertainment. In this closely and clearly argued book Matthew David explains in detail why anyone interested in the future of our global information society must understand the questions raised by this industrys relationship with its customer base. Clearly establishing the importance of understanding the production and distribution of music for the wider realms of the globalising information economy, Matthew David develops an analysis of much wider relevance; he offers a clear and informative analysis of these developments that will be of interest to social scientists, lawyers and music lovers alike. -- Christopher May Matthew David has done a rare and valuable thing with this work. He has comprehensively exposed the inherent radicalism of peer-to-peer communication and exposed the absurdities of the various efforts to quash the practice and technologies. This book is certain to outlast the recording industry. -- Siva Vaidhyanathan A detailed and comprehensive account of the current state of the sector... will do much to help reorientate the file-sharing debate towards achieving sustainability for the industry, as well as de-emphasizing the regulatory approaches adopted so far. This book will be of interest to all those studying or researching in the fields of cyber-crime, network studies or cultural sociology, as well as those engaged with cultural policy and the preservation of intellectual property within the creative industries. -- Sociology Peer-to-peer file-sharing is a monumental example of unintended social action. Because of the opacity of how has turned and is turning our relationship with music and the music industry up-side down, Matthew Davids important analytical dissection of it must be valued... this book offers a fascinating depiction and analysis of the tensions, paradoxes and dilemmas that peer to peer file-sharing has generated. -- Roger Martínez

List of Figures and Tables xi
Key Acronyms and Abbreviations xii
1 Introduction 1(9)
Much too much?
1(1)
The file-sharing phenomenon
2(1)
The structure of this book
3(6)
The claim being made
9(1)
2 The Global Network Society: Territorialisation and Deterritorialisation 10(19)
Introduction
10(1)
The relative autonomy of the informational mode of development?
11(5)
Critical theoretical challenges
12(4)
Feminist critiques
16(1)
Informationalism and 'capitalist perestroika'?
16(3)
Critical theoretical challenges
18(1)
The network as morphogenetic structure?
19(4)
Ethnographic alternatives
19(2)
From ethnography to discourse
21(1)
Challenging discourse analysis from within
22(1)
Post-structuralist approaches
23(3)
Contingency, contradiction and contestation
26(2)
Conclusions
28(1)
3 File-Sharing: A Brief History 29(13)
The hacker ethic — and U2's manager
29(2)
Media — compression and transmission
31(2)
Early Napster
33(1)
The closure
34(1)
The rise of peer-to-peer
34(1)
The development of a common media and platform
35(1)
From peer-to-peer to peers-to-peer (torrents)
36(1)
Commercial development — MP3 players, iPods and iTunes
37(1)
File-sharing and social networking (decommodification and democratization)
38(1)
Mass/new media history
38(2)
Web 2.0 and 3.0 – recommercialization or not?
40(1)
From consumer revolts to revolts amongst artists
41(1)
4 Markets and Monopolies in Informational Goods: Intellectual Property Rights and Protectionism 42(16)
Introduction
42(2)
Intellectual property: an essential contradiction
44(1)
The pre-history of patents and copyrights
44(1)
Non-rivalousness
45(2)
Natural rights discourses versus utilitarian balance of interest constructions
47(2)
American, British and French traditions: freedom, control and enlightenment
49(1)
Towards an international system, but slowly
50(2)
Hollywood pirates, Mark Twain and Mickey Mouse
52(1)
The fall and resurgence of international IP regulation
53(2)
Fee culture or free culture?
55(1)
The young versus the old
55(2)
Conclusions: competition versus closure
57(1)
5 Legal Genealogies 58(17)
Introduction
58(1)
Technology and legality
59(1)
The US legal genealogy
60(3)
A curious case of international and inter-media comparison
63(2)
Comparative legal frameworks and interpretations
65(2)
National specifics from three cases: Canada, UK and Hong Kong
67(2)
The emperor's new sword
69(1)
More on the Sony ruling
70(2)
Conclusions
72(3)
6 Technical Mythologies and Security Risks 75(21)
Introduction
75(1)
The surveillance society?
76(1)
From Foucault to Deleuze: from discipline towards control
77(3)
The panoptic sort?
80(1)
Cyber-crime
81(1)
Surveillance: a limited hope for the recording industry
82(1)
Attempts at anonymity
83(2)
Counter surveillance
85(1)
The birth of digital rights management
86(1)
Hard and soft DRM today
87(2)
The problem with format capture: closure versus exposure
89(2)
Managing the horror
91(1)
The dialectic of technology
92(1)
Conclusions
93(3)
7 Media Management 96(22)
Introduction
96(1)
'Piracy funds terrorism and will destroy our society and your future enjoyment' (FACT?)
97(5)
Intellectual property theft is the new street drug
102(1)
Intellectual property theft and illegal immigrants
103(1)
Intellectual property, identity theft and student plagiarism
104(2)
Intellectual property theft and airport security myths
106(1)
Media scopes: the next big 'clampdown' July 2008: via ISPs
107(3)
The mass-media and new-media
110(3)
Spreading conspiracies
113(2)
Conclusions
115(3)
8 Creativity as Performance: The Myth of Creative Capital 118(26)
Introduction
118(1)
Artists should get paid like everybody else, right?
119(1)
Creative industries?
120(2)
The problem with music today
122(2)
The 'love manifesto'
124(1)
The emperors new sword revisited
125(2)
The shift 'back' from recording to performance
127(3)
The declining value of investment
130(11)
The production function
131(3)
The manufacture of physical product
134(1)
Distribution and sales
135(1)
The promoter function
136(2)
Publishing rights and the management of wider rights
138(3)
Creativity as embodiment and performance?
141(2)
Conclusions
143(1)
9 Alternative Cultural Models of Participation, Communication and Reward? 144(17)
Introduction
144(1)
Five interpretations of file-sharing
145(1)
Music today: myth and reality
146(1)
Six case studies
147(7)
Arctic Monkeys
147(1)
Enter Shikari
148(1)
Simply Red
149(1)
The Charlatans
150(2)
Radiohead
152(1)
Madonna
153(1)
General discussion
154(2)
Possible futures
156(3)
Field colonisation (low truth/low proximity)
157(1)
Delegitimation/reterritorialization (low trust/high proximity)
157(1)
Relegitimation/deterritorialization (high trust/low proximity)
158(1)
Reterritorialization and relegitimation (high trust/high proximity)
158(1)
Conclusions
159(2)
10 Conclusions 161(8)
Music and the network society
161(1)
Reflexive epistemological diversity
162(1)
Theories of the network society
163(1)
An essential outline of this book
164(1)
Versus 'the winner loses' theories of closure
165(1)
Attention to the open character of ongoing conflicts
166(1)
Capitalist glasnost and perestroika?
167(1)
The future is not what it used to be!
168(1)
References 169(11)
Index 180
Matthew David is a Senior Lecturer in Applied Social Science at Durham University, and has undertaken research in the areas of new social movements, online data-services in higher education, online training in rural areas and forms of free online music sharing. He is author of Science in Society (Palgrave 2005) and Peer to Peer and the Music Industry (SAGE 2010), and co-author of Social Research (SAGE, latest edition 2011).