MP3: The Beat Bytes Back

References

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• It should be noted that the SDMI will not reject all pirate files, meaning that back catalogue material already in circulation will be tolerated. This is because the screening technology would detect encrypted files and it is too large a job to encrypt the millions of CDs already available, ibid.
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• Many fear that it could push out independent artists who have benefited so much from the MP3 format, because the filter could be used against MP3 files from groups that are outside an organized chain of distribution even though they are authorized by the copyright owner. This has been denied by the SDMI but critics remain sceptical, see Thomas 'MP3--devil or angel' p 204.
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• This is possible as the files have to pass through the computers 'sound card' the program pretends to be the sound card and can therefore capture and store the music intended for the card which then can be converted into a MP3 file. This makes it possible to render any secure music format insecure and copyable. However, such programs will fall under Articles 6 and 7 of the Directive and by provisions in the DMCA protecting against anti-circumvention measures. See DE Weekly 'Why SDMI will fail' (2000), .
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• The standard WAV file took a long time to download (a whole album could take up to seven hours) and would occupy 30MB of memory (a whole album would take up most of the memory of an average PC), the same recording in near CD quality from a MP3 file would be about 2MB in size, 'MP3: what a racket!' net.magazine p 41, February 1999.
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• The IFPI's procedure is: the site is firstly checked in order to identify illegally posted sound files: the Service Provider (SP) is identified, then where possible (this is rarely the case) the site operator is identified: a cease and desist notification is sent to the SP with the inquiry to disclose the site operator's contact details and, where possible, also sent to that site operator, if the SP does not comply they are contacted again demanding action and announcing legal steps against the SP should he not comply within 24 hours. Bortloff 'Internet piracy--notice and take-down'.
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• There has been another interesting postscript to this case; as was noted, one of the main defences was that the Rio player was not itself capable of making copies. However shortly after the release of the player a 'hack program' was created which allowed users to do just that, it allowed users to 'port' out of the device. News Section Entertainment Law Review n 121, 1999.
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• Which allows the customer to put an already-owned CD into a computer's CD-ROM drive that recognizes the CD, and its songs are then transferred to the customer's account, ibid.
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• These marks are transparent to the customer and do not effect the functioning of the MP3 player, which will still be able to play back non-marked files. See Veravanich 'Rio Grande: the MP3 showdown'.
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• These tactics certainly worked especially in relation to the Rio case where stores selling electrical goods, especially in Britain, were reluctant to sell the players for fear of reprisals. Veravanich 'Rio Grande: the MP3 showdown'.
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