Legal Concepts Worksheet
ConceptApplication of Concept to the Issue of DownloadingReference to Concept in Reading
Illegal downloading of music and software has been popular for years. In order to discourage this, sanctions are used against perpetrators. Due to the nature of the crime, the sanctions are normally high in monetary value.“Law enforcement officials and the courts use several methods to encourage or to
force compliance with the obedience to the law. These methods, often called sanctions,
may be used against a person who has failed to comply with the law.” (Reed et al., p16)
In order to be able to maintain control of their product and maintain profitable record companies have copyright laws on their artists music. This prevents the sale and reproduction of materials without approval.“Copyright gives a property a certain creative work that keeps others from reproducing it without the owner’s permission.” (Reed et al., p206)
Almost 10 years ago Metallica decided to sue Napster for copyright infringement. This was done on behalf of themselves and other artists and their respective labels. This broke the ground for the eventual demise of Napster which was the most popular file sharing website of its time.“class-action suits, which involve one or more individuals
suing on behalf of all who may have the same grounds for suit” (Reed et al., p86)
If an individual or an organization does not abide by laws protecting artists and record companies, they can be subject to criminal law.“Criminal law punishes those who harm an owner’s resources in particular ways, for example, by theft” (Reed et al., p5)
Standing to Sue
Both record companies and artists are able to sue in order to keep their rights to their music. The illegal downloading of music prevents them from receiving their due profits.
“a plaintiff must establish that he or she is entitled to have the court decide the dispute, that is, he or she has
standing to sue” (Reed et al., p87)
Reed, O., Shedd, P., Morehead, J., Corley, R. (2005). Law as The Foundation of Business (13
ed). [University of Phoenix Custom Edition e-text] New York. The McGraw-Hill Companies.