Ownership in the Digital World as Illustrated by the Case of the Kazaa File Sharing Network

The digitization of content has had a major impact on the music industry over the last few years. Most noteworthy is the development of file sharing services used to distribute music, often but not always, without the consent of copyright holders. Recent changes in legislation such as the InfoSoc Directive of the European Union (Directive 2001/29/EC) are designed to counteract piracy in the virtual world. However, the increasing degree of control demanded by content providers also has the effect of making it difficult to distribute music online. This report follows the development of the file sharing application Kazaa and shows the inherent problems involved in licensing content. It is argued that content providers, with the support of copyright law, have used several measures to stop file sharing services and control content. It is suggested that current legislation enables an imbalance between content providers and companies that desire to license technology, in favour of content providers. Moreover, although this kind of control is legally justified it is argued that from the philosophical natural rights perspective on ownership that it cannot be morally justified. Arguments are made that show the importance of a (cultural) common, which is present in the writings of John Locke. However, it is concluded that content providers have begun to adapt to online distribution and started to license content more than previously. If they are able to develop attractive services for consumers that make music more accessible this situation can be resolved without changing copyright law. This could also be facilitated by compulsory licenses and shortening copyright duration. Unless there is significant change, copyright may have to be changed from the ground up by first identifying the relevant aspects that form the basis for a just, creative and attractive society. Ägande i den virtuella världen en fallstudie av fildelningsnätverket Kazaa