Monday, March 28, 2005

New Music File Sharing Method: Apple iPod

Some 19% of those who download audio and video files -- about 7 million adults -- admit to having downloaded files from someone else's iPod or MP3 player, according to the Pew Internet & American Life Project research.

While Apple limits iTunes songs to 5 PCs, there is no limit to the number of iPods that can "tank up" at a PC. Not surprisingly, college students discovered this last year. Because the file sharing exchange is local -- no networking involved -- there is no illegal music file downloading to measure on the Internet. Therefore, the Pew research is an important indicator of a new form of an old Internet vice: stealing MP3s and videos.

It will not take the music industry long to point a finger at Apple as "promoting the theft of the music industry's intellectual property". And Apple looks to me like a lawsuit target with very deep pockets.

However, Apple's retort is that many families now have multiple iPods. Just like a family (or friends) can share a legitimate CD and VCR collection under the fair use doctrine, cannot members share the family music freely on their individual iPods?

You'll hear more about this story, most likely as it becomes a highly visible and messy court case.

Peter S. Kastner

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