Downloading mp3 music has become so popular and widespread on The Internet now that perhaps we need to take a step back to view the big picture of what is really happening with music files in the 21st Century!

"What is an MP3 file?"

MP3 stands for mpeg3 and is a compressed file format highly suited to music, which is usually recorded in the larger .wav or wave format which takes up a huge amount of disc space. CDs are typically produced in .wav format, but for a portable device you need a smaller and more compact format to fit more songs on a memory card or a flash drive.

"Is it legal to upload and download mp3s?"

"Yes and No." I guess you're talking about a P2P (peer to peer) file sharing system on The Internet. There are some new artists, especially young singer-songwriters who want you to copy and distribute their musical material online to help them get known and distributed so as to build a fan base and to brand their names across The Internet. These artists are not concerned with the copyright laws.

Then there are the large music companies and that's a completely different and opposite story! They are trying to maximize business profits. They want a sale to each and every listener. They are prepared to take legal action against unauthorised copying of musical products that they have recorded and produced and distributed through the conventional offline channels. As a general rule, the larger the act, singer or group... the more famous - the more the copyright laws will be applied because of the enormous financial profit potential. Or conversely, the greater potential loss through music hijacking and unauthorised copying. The losses can amount to hundreds of millions. 

There is a third or middle, compromise situation. Enlightened producers know that they cannot beat or control The Internet entirely. They release some music singles through Apple iTunes at a ridiculously low price of, say, $1.95 per song and they rely on large scale operation to bring in substantial income. It appears that this compromise is working.

Peer to peer file sharing on The Internet is still very popular in December 2008 and the software operators, such as Limewire, Unlimited Download Center and the old Napster concept (they got sued)  - these operators write legal disclaimers to protect themselves from the file sharing activities of their clients. The disclaimers point out that being a member does not authorise them to breach the copyright laws. Each MP3 music file is potentially different and unique. The legal onus is on the copier to first find out if that particular file is protected or is in the public domain. The individual is responsible, then, for his or her own actions in respect to copyright laws.

The Internet has truly introduced a new ball game. The large music companies must scramble and adapt to the new computer networking environment in order to survive financially. The new adaptation is seen in their gradual uptake of online music distribution channels such as Apple's iTunes. I haven't downloaded Apple's software yet but I feel it is inevitable that I will.

The next challenge for the music companies is YouTube where music videos and even complete movies are being openly shared and that's another, highly related ball game altogether. Hail to the brave new world of electronic entertainment.

Geoff D., Perth 6000 Australia