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Matthew David - Peer to Peer and the Music Industry: The Criminalization of Sharing

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Matthew David Peer to Peer and the Music Industry: The Criminalization of Sharing
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Peer to Peer and the Music Industry
Theory, Culture & Society

Theory, Culture & Society caters for the resurgence of interest in culture within contemporary social science and the humanities. Building on the heritage of classical social theory, the book series examines ways in which this tradition has been reshaped by a new generation of theorists. It also publishes theoretically informed analyses of everyday life, popular culture, and new intellectual movements.

EDITOR: Mike Featherstone, Nottingham Trent University

SERIES EDITORIAL BOARD

Roy Boyne, University of Durham

Nicholas Gane, University of York

Scott Lash, Goldsmiths College, University of London

Roland Robertson, University of Aberdeen

Couze Venn, Nottingham Trent University

THE TCS CENTRE

The Theory, Culture & Society book series, the journals Theory, Culture & Society and Body & Society, and related conference, seminar and postgraduate programmes operate from the TCS Centre at Nottingham Trent University. For further details of the TCS Centres activities please contact:

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web: http://sagepub.net/tcs/

Recent volumes include:

Ordinary People and the Media

The Demotic Turn

Graeme Turner

The Sociology of Intellectual Life

The Career of the Mind in and around the Academy

Steve Fuller

Globalization & Football

Richard Guilianotti and Roland Robertson

The Saturated Society

Governing Risk and Lifestyles in Consumer Culture

Pekka Sulkunen

Peer to Peer and the Music Industry

The Criminalization of Sharing

Matthew David

Peer to Peer and the Music Industry The Criminalization of Sharing - image 1

Matthew David 2010

First published 2010

Published in association with Theory, Culture & Society, Nottingham Trent University

Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, this publication may be reproduced, stored or transmitted in any form, or by any means, only with the prior permission in writing of the publishers, or in the case of reprographic reproduction, in accordance with the terms of licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside those terms should be sent to the publishers.

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Library of Congress Control Number: 2009925264

British Library Cataloguing in Publication data

A catalogue record for this book is available from the British Library

ISBN 978-1-84787-005-6

Typeset by C&M Digitals (P) Ltd, Chennai, India

Printed by MPG Books Group, Bodmin, Cornwall

Printed on paper from sustainable resources

For Mike Presdee 1944-2009 A great teacher friend and sharer Matthew - photo 2

For Mike Presdee (1944-2009).
A great teacher, friend and sharer.

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, Professor of Media Studies, University of Virginia

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, Senior Lecturer, Sociology, University of Manchester

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. The challenge of openness that confronts the major record companies is repeated across the information economy, and the struggle for control of the distribution of content will be the economic issue of the new millennium; Matthew David offers a clear and informative analysis of these developments that will be of interest to social scientists, lawyers and music lovers alike.

Christopher May, Professor of Political Economy, Lancaster University

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Contents

Peer to Peer and the Music Industry The Criminalization of Sharing - image 4

List of Figures and Tables
Figures
Tables

Peer to Peer and the Music Industry The Criminalization of Sharing - image 5

Key Acronyms and Abbreviations
A&RArtists and Repertoire
ACTAAnti-Counterfeiting Trade Agreement
AOLAmerica On-line
BBCBritish Broadcasting Corporation
BMGBertelsmann Music Group
BPIThe British Phonographic Industry
BTBritish Telecommunications
CCTVClosed Circuit Television
CDCompact Disc
CDPAUnited Kingdom Copyright, Designs and Patent Act 1988
CNNCable Network News
DATDigital Audio Tape
DCMAUnited States Digital Millennium Copyright Act 1998
DCMSUnited Kingdom Department of Culture, Media and Sport
DRMDigital Rights Management
DVDDigital Versatile Disc or Digital Video Disc
ECHREuropean Convention on Human Rights
EFFElectronic Freedom Foundation
EMIElectric and Musical Industries Ltd
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