What is File-Sharing?

File-Sharing is the name given to programs that allow users to share files with other users on the Internet. At least one of the examples of these programs is a household word: Napster. Napster enabled people to share the music on their hard drives with other Napster users and then download music from those other users' hard drives.

File-Sharing originally developed as a way for software developers to distribute their free or shareware programs with others on the Internet. It has also evolved into a good method for musicians to release singles onto the Internet if they choose to do so.

What's the big problem with it? Is it legal?

File-Sharing is only legal if the creator of the file is allowing it to be shared publicly. For example, Adobe's Reader program is a free program that the company Adobe allows to be shared publicly so that everyone can read Adobe Acrobat files on their computers. Adobe does not, however, allow the program that creates Acrobat files (called Acrobat Professional) to be shared.

The problem comes when people share files and music that are not part of the public domain; in other words, they are not free. When people share copies of software, video games, MP3s, WMAs, or any other type of file that costs money to purchase, they are breaking the law. It is not legal to share files, music, or programs of any kind that cost money.

Wasn't it legal back when Napster originally started?

No. File-Sharing has never been legal. The Recording Industry Association of America (RIAA) has been instrumental in cracking down on those who are still sharing files using existing Peer-To-Peer (P2P) software packages. The Digital Millenium Copyright Act (2000) has implemented a number of extremely harsh penalties for anyone caught illegally file-sharing including fines and prison sentences.

In fact, copyright laws against piracy within the music industry have existed since the advent of audiotapes in the late 1950s and 1960s:

It is against the law to make copy of a CD, tape, or record and give it to a friend, coworker, or other person.

It is against the law to make a mix-tape or mix-CD and give it to a friend, coworker, or other person.

Both of the above activities have penalties as severe as those given to people who file-share. The only reason we don't hear more about cases involving these issues is that it is far easier to catch people who participate in file-sharing.

Is Napster still illegal?

No. Napster was purchased by a large media conglomerate who reprogrammed and recreated the service so that you pay for the songs you download. Napster is no longer illegal to use.

How can I avoid breaking the law?

Simple: do not download or participate in file-sharing of any kind. Downloading music using programs such as KaZaa, Gnutella, Mozilla, or Morpheus is against the law. In addition, since it is extremely difficult to determine which files are public domain and which are not, you could be very easily breaking the law while having no knowledge that you are. In addition, poorly-configured P2P software can open your computer to hackers and allow bad people to have access to sensitive information on your computer such as credit card numbers, banking information, pin numbers, and worse.

How can I download music from the Internet legally?

There are a wide variety of websites that now allow you to download music legally for a fee. Sometimes the fee is a monthly subscription price while other sites charge a small fee per each song downloaded. Here are some services we recommend (click the links to open a new browser window) listed alphabetically:

BuyMusic by buy.com

iTunes by Apple

MP3.com

Napster 2.0 (this one is now legal as it has a fee)

Rhapsody by Real.com

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