One of the most controversial technological innovations of the past decade
or more, file sharing software applications have transformed the ways
people view intellectual property. In fact, intellectual property has only
recently been a subject of popular debate, since the newsworthy demise of
Napster. With the advent of the Internet and subsequent software
developments, computer users worldwide have been able to upload, download,
and share files, many of which contain copyrighted material. In some ways,
this type of file sharing seems to fall under the "fair use" clauses in
copyright laws, which dictate that individual consumers are free to make a
few personal copies of material for limited use. However, file sharing
software calls into question the extent of "fair use" because potentially
millions of people could have access to one copyrighted file. File sharing
therefore raises a host of ethical and legal conundrums. First, the
creators of the copyrighted material: musicians, writers, or software
engineers, are potentially losing money. After all, they are receiving no
revenues from the freely distributed materials. On the other hand, sharing
files via the Internet may not be damaging creative professionals as much
as we think. File sharing applications and the compressed material that is
being shared is imperfect: MP3 files will never approach CD quality sound
and will never come replete with the glossy books or other presentation
material that a store-bought product contains. Moreover, most music
connoisseurs don't mind forking over a few bucks to support their favorite
artists. Similarly, pirated software is unusable much of the time, as the
"cracks" don't always work and the software itself comes with glitches due
to the reproduction process. In general, file sharing is a fun and exciting
technological development but poses little actual threat to professionals
who rely on intel...