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Frequently asked questions

The issues of file-sharing, Peer to Peer (P2P) and downloading are challenging. There are different legal issues in different countries, rapid changes in technology, and growing concern as more and more users search for a wider variety of media such as video.

Whilst P2P is not illegal, and can be used for positive uses, it can also be the conduit for a number of illegal activities.

For this area of the website we have grouped together advice, facts and figures and links to further information so you can get a good idea of the wider issues and make up your own mind up.

If you come across good quality articles or helpful websites email: info@childnet-int.org to include them in this area of the website.

Digital Music

More and more of us are finding and listening to music using computers, MP3 players and mobile phones, and a lot of the time we get music over the internet instead of buying a CD. 

Downloading, copying and sharing music is easy but it’s not always legal, and figuring out what you can and can’t do when it comes to websites, peer-to-peer (p2p) networks and songs on shared USB drives can seem impossible.
We’ve brought together the best answers we can find to a range of questions that we think you’ll find useful, with links to further information. We hope it will give you a good idea of the wider issues and help you decide for yourself.

If you come across other information or helpful websites, or if you find that the sites we’re pointing to are no longer up to date or don’t do a good job of explaining things, then please let us know at info@childnet.com – we’re keen to keep this area up-to-date.

Where can I get great music online?

Bands want people to listen to their music, and over the last few years more and more of them have realised that making it available on the internet so that fans – or potential fans – can download it makes a lot of sense.

The record companies have signed deals with lots of different online music services. They work in different ways, but the most important things about them is that they are all legal. eMusic, Play.com, iTunes and the other services have signed licenses with the people who hold the copyright in the songs, and offer a reliable service with guaranteed quality.

The Pro-music website has a good list of places to get licensed music online (www.pro-music.org/musiconline.htm, while The Guardian newspaper has a list of UK-based services at http://arts.guardian.co.uk/netmusic/page/0,,1127237,00.html.

MusicDownloadFinder also has a list at: www.musicdownloadfinder.com


How can I find out about new music online?

With so many services out there it is really hard to keep track of new services.  Most try hard to get some press coverage, so it is worth looking in newspapers/magazines and at music websites.

A search on Google News for ‘legal music downloads’ will find the latest information about services. http://news.google.com/news?q=legal+music+downloads


Are there limits on what I can do with the music I download?

There are two sorts of limit on what you can do with the music you download: legal and technical. The legal limits are the same whether you buy a song online or buy a CD, and depend on whether the song is in copyright and the sort of license you have if it is.

If a song is not copyrighted then you can copy, share or even use your computer to make your own version. If it is copyright then in general you will not be able to do these things, though a song released under a ‘Creative Commons’ license may allow you to.

Most songs bought from Apple’s iTunes Music Store are protected, and can only be played on five devices, though you can also buy DRM free music. Napster songs use Windows DRM, which can only be played on authorised computers and devices, though these are available from many manufacturers.

The EFF has a guide to DRM at http://w2.eff.org/IP/DRM/guide.

Some music stores, like eMusic and Amazon, sell songs without DRM and these can be played on any computer or music player.


What services are free?

At the moment most of the legal services are paid-for, either per track like Apple’s iTunes Music Store or with a monthly subscription like Napster, although many offer some free downloads  and band websites may offer free tracks as a way of promoting themselves.

There are lots of places to listen to music for free, like MySpace, Bebo and of course the bands’ own websites.  Last.fm also lets you stream music to your computer, but you can’t save the tracks you listen to unless you pay.

Some music services offer free downloads as an incentive to sign up: Rhapsody give you 14 days of unlimited access, eMusic offer 25 free downloads.

Qtrax announced a free, advertising-supported service early in 2008 but this is not yet live.


Will the price come down?

The music industry say that prices are currently competitive but they may reduce them as the services become more popular simply because the costs of running their servers will be less per track as more tracks are sold.

At the moment Apple insists that every song costs the same – 79p in the UK, 99c in the rest of Europe and 99c in the USA  - but they are under pressure to change this. Other music services charge different prices so it may be worth shopping around.


How can I upload music I’ve created to share with others?

There are lots of different ways to get your music out there. 

If you have your own website or weblog then you can just make an MP3 file of your song – MP3s are useful because they are smaller than other file formats and they are also pretty universal, so most computers and music players will be  able to understand them.
Then you can copy – ‘upload’ – it to a server computer where other people can see it and download it.

If you want your music to go on one of the big websites like MySpace you might have to negotiate with them, but you can easily put your music up on your own website and then tell people about it on your MySpace page.

You can find more about MP3 on Answers.com www.answers.com/topic/mp3?cat=technology


How can I get my music copyrighted?

If you make a new piece of music, even if it’s just you singing over a three-chord guitar melody, then it’s already copyrighted.  Anyone who creates something new, whether it’s a poem, a short story, a painting or a piece of music, automatically gets copyright.

That means that if anyone else copies your song without your permission you can ask them to stop.  Of course they might not listen, but you’d have the law on your side.

Copyright is really complicated, and things are slightly different for music compared to writing or painting.  A good place to look is the UK Copyright Service website: http://copyrightservice.co.uk/protect/p07_music_copyright

Some musicians are happy for their work to be shared over the internet as long as they get the credit. They reckon that they’ll get bigger audiences for their live shows and may even get attention from a record company if it’s easy for people to share their songs.  Some of them use Creative Commons licenses to make this simple – they keep the copyright but give people a license to copy the songs as long as they don’t do it commercially.

Find out about Creative Commons at: http://creativecommons.org/

Some criticism of Creative Commons at: wickedwhammy.com/musicians-and-creative-commons


What if someone nicks my music?

If you find that your music is being shared or copied over the internet then you usually have a right to have it removed.  Often just sending a friendly email to the people running the website will do, as most of them will not want to break the law.

If you want to use the legal system then you can ask the website hosting it to stop by sending a formal letter, called a takedown notice.  This may work if the site is in the USA or Europe where the law is pretty clear, but in lots of countries it is less straightforward.

You can also contact the Internet Service Provider and tell them what is going on.  And of course you can call in your lawyers, though this gets very expensive very quickly.

Most legitimate hosting services provide a way to reach them if you think they are hosting your music without permission. For example indistore: http://indiestore.7digital.com/portal/copyright.aspx

Music downloads



Is it legal?

Most of the music we listen to is protected by copyright of some sort.  If the composer is still around then the songs themselves are in copyright, and recordings are in copyright for fifty years (in the UK – it’s different in other places) even if the music is much older.  Some performers and composers are happy for their music to be shared and copied, and they may have given up the copyright or used a Creative Commons license to make this clear, but in general it’s wise to assume that the music you find online is legally protected by copyright law.
The copyright holder can give other people a license to do various things with their songs, including making it available for people to listen to or download. These licenses are what make the difference between legal and illegal – licensed or unlicensed – music services.  Legal services will have come to an agreement with the performers, composers, record companies and other people, including the licensing agencies.
Pro-Music has more information on copyright law at: www.pro-music.org/copyright/faq.htm.

The UK Copyright Service has comprehensive coverage at: http://copyrightservice.co.uk/protect/


How common is it?

Online music is everywhere.  iTunes has over 50 million customers and has sold over four billion songs, while eMusic sells 7 million songs a month and claims to have sold 200m songs since it launched in 2003.

Unfortunately a lot of the music that is downloaded is not from a legal store and is unlicensed, and the people who make it available are breaking the law.  Figures for the number of tracks traded illegally are very hard to obtain and any numbers should be treated with some caution, but it is clear that many more unlicensed tracks are download than sold by legitimate services’ to make the point?


Is it ok to copy CDs to my computer, phone etc?

If you buy a CD then it’s very easy to ‘rip’ a copy of it to your computer’s hard drive and then to copy the files to your mobile phone or MP3 player.  Under UK copyright law this is technically an unlicensed copy and so doing it means you are breaking the law. However just as making video recordings of TV programmes is allowed for personal use, most lawyers think that making personal copies of music like this would not get you into trouble.

The Independent’s Cyberclinic addressed the issue:
www.independent.co.uk/life-style/gadgets-and-tech/features/cyberclinic-is-it-really-illegal-to-rip-a-cd-to-my-computer-769184.html

About.com has an article about US law in this area: http://mp3.about.com/od/digitalmusicfaq/a/cd_copying_laws.htm

The problems come if you make the copies available to other people, by sharing your files over a p2p network, burning CDs for your friends or letting them copy your ripped CDs to their phones.


What are the penalties for unlicensed downloads?

The penalties for unlicensed copying vary greatly from country to country and a lot seems to depend on the exact details of the case.  In the United States the Recording Industry Association of America starts by sending people it accuses of unlicensed copying a letter asking for money to settle the case out of court. If they do not pay then it will start proceedings.

The RIAA asks for damages of $750 for every song uploaded from a file sharer’s computer, while in October 2007 Jammie Thomas was fined $220,000 by a US court – although she has appealed.

In some countries, like the US and the UK, the law treats commercial and non-commercial copying very differently and if you are charging money for making copies or running a server then you could face criminal charges and even be sent to prison.

Peer to Peer networks



What is Peer to Peer?

The World Wide Web is an example of a client-server network, where a web browser (the client) asks for information from a server that holds the files.

In a peer to peer network every computer is a client and a server, and instead of all the files being held in one central place they are spread out all over the network. 

When you ask for a music file from a peer-to-peer network then bits will come from lots of different computers before they are put together and you can listen to it.

There are lots of different p2p networks, including Limewire, Gnutella and BitTorrent.

P2p networks only work because each computer in the network, or node, is both a client and a server. So when you install the software to join a p2p network you’ll be expected to use a bit of your hard drive to store files for other people, and you’ll be expected to use your network connection to let other people copy those files from your computer.

This sharing makes p2p possible but it can also create risks since you don’t know what you are storing or sharing. If you store unlicensed music or illegal content then you could be charged with distributing it to other people as well as downloading it yourself.


How popular are p2p services?

P2p networks are very popular and important. Recent research from Ipoque shows that 20% of European internet users use some form of p2p service, but this will increase as private services like the BBC iPlayer grow in popularity.

One reason for this is that p2p networks are very useful for distributing large files, like music and video. Instead of using a very large server with a very fast internet connection, p2p lets users spread big files over thousands of computers, sharing the load between them.


Who uses p2p?

P2p is just a way of organising computers to share files over a network, and it is not in any way bad or illegal.  The files that are shared may not have been properly licensed, and they may contain illegal images or malicious programmemes, but the p2p network itself is not illegal.
Some very big organisations like the BBC use p2p networks. When you download a BBC show using their iPlayer service it is using a p2p network called Kontiki because it is faster and more reliable than having the programmees stored on big servers at the BBC.


What are the good sides?

P2p networks are simple, reliable and easy to use. They make life a lot easier for people who want to share very large files.  They also mean that smaller organisations who have very large files to move around the network do not need to have very fast – and expensive – internet connections, as they can put their files onto a p2p network instead.


What are the dangers?

Peer to peer software is not in itself dangerous or illegal, although it can be used in ways that might expose you to problems and like any other programme there may be bugs or security flaws that allow your computer to be attacked by viruses or other malicious programmes.

The real danger is not the software itself, but the files that you download using it. Specialist technology security company, McAfee looked at the risk levels of searching the internet. Its report, 'The State of Search Engine Safety' (June 2007), highlights that searches of keywords involving p2p services, such as Limewire, are among the most likely to generate results that activate spyware and viruses once clicked on.
If you are using a p2p service from a reputable organisation, like the kontiki service that the BBC uses to support its iPlayer, then you should be fine.

The legal issues relate to the files you are sharing rather than the software itself. If you download unlicensed songs, films or software then you may be prosecuted, and if you make them available to other people then you could face significant fines.

There are other risks because of the software itself, since p2p services work by sharing files from your computer with other people by default, and if this is not properly set up then internet users may be able to access your private files.

If you set up p2p sharing properly then other people can only see specific folders that you have decided to share, but it is easy to make a mistake and expose your private files.

Finally, because anyone can put files onto a public p2p network and give them whatever name they like you can never be sure that the things you download are what they claim to be. That means you could end up downloading pornography or even illegal images, or that the files you get could contain viruses or other malicious programmes.


How can you tell if you’ve got the software?

Most p2p or file sharing programmes are obvious if you look at your Programme menu (on Windows) or in your Applications folder (on Mac).  Otherwise you may want to install a programme called Digital File Check, provided by the IFPI. This will scan your hard drive for software and also for multimedia files of all types. It will also suggest removing lots of things because it takes a particular cautious approach to digital content – you should check for yourself whether the files and programmes it finds are ones that you want removed. www.ifpi.org/content/section_resources/digital-file-check.html


How can I disable the file sharing and secure my computer?

If you’re using p2p software for legitimate purposes then you may want to disable the file sharing aspects of it. Doing this may slow it down significantly because most file sharing relies on people providing files as well as just taking them, and the service can tell if you have switched sharing off.

The details of how to turn off sharing will be in the documents or help provided with the programme. Limewire has a useful document about using file sharing software safely and how to manage sharing. It was originally written by the US Federal Trade Commission but is no longer on their site. You can read it at: http://www.limewire.com/help/ftc4.php

Northern Illinois University has details of how to disable sharing in many of the most popular file-sharing programmemes.
http://www.its.niu.edu/its/internet/bandwidth/allp2p.shtml

Net Family News also has useful advice at: http://www.netfamilynews.org/resourcesP2P05.htm

The IFPI’s Digital File Check will also disable file sharing programmes. www.ifpi.org/content/section_resources/digital-file-check.html

Unwanted and illegal content



How can unwanted content get on my computer?

Once your computer is connected to the internet there are lots of ways that unwanted content can get onto your hard drive. 

Files can come through email attachments, messaging programmes, from social network sites or even sometimes when you simply visit a website – these are called ‘drive-by downloads’ and take advantage of security holes in your web browser.

If you have file sharing software installed then this can be hijacked too, either through bugs in the programme or because you have installed it insecurely.


What if I see something that’s illegal (images of child abuse)? Who can I tell?

Although it might be unpleasant and unwanted, pornography is not generally illegal unless it is also obscene. However images of child abuse are illegal and should be reported to the authorities so that efforts can be made to have them removed from the internet and the people responsible can be prosecuted.

Do not save copies, even as evidence, as you may be breaking the law, just send details of the website address.
In the UK the Internet Watch Foundation has a hotline for reporting images of child abuse hosted worldwide and criminally obscene and incitement to racial hatred content hosted in the UK. www.iwf.org.uk

IWF is a member of INHOPE, the International Association of Internet Hotlines which was founded in 1999 under the EC Safer Internet Action Plan. www.inhope.org/en/makereport.html

There’s more at www.saferinternet.org/ww/en/pub/insafe/safety/illegal_content.htm

T-Mobile has useful advice at http://www.t-mobile.co.uk/help-and-advice/advice-for-parents/reporting-illegal-content/

Protecting yourself

  • Good computer security will protect you from most of the threats out there. That means having afirewall to monitor all the data sent to and from the internet
  • Anti-virus software to check emails and downloaded files for viruses and other malicious programmes
  • Anti-spyware software to scan for programmes that may monitor our computer use and send the information to others
  • It’s also important to update your computer with security patches and other fixes.
  • The US Government has lots of good advice at www.us-cert.gov/cas/tips

What is a firewall?

A firewall is a programme that looks at the information your computer is sending and receiving over your internet connection and can look for unwanted files, attempts to steal your personal data and malicious software that might threaten your security.

You can find more on the BBC’s WebWise site: www.bbc.co.uk/webwise/askbruce/articles/security/firewall_1.shtml


Can filters restrict access to file-sharing services?

Can filters restrict access to file-sharing services?

Filtering software like NetNanny and CyberPatrol looks at the information your computer exchanges with the internet and tries to block anything that is marked as inappropriate, like adult websites or emails with personal details.

These programmes can block p2p services completely and they can also filter downloaded files. However because they cannot tell what a file contains they can only go by name and this may be misleading.

So it is not safe to rely on filters to stop unwanted content getting onto your computer through p2p or file-sharing services.


How can I get rid of pop-ups?

Modern browsers like Firefox, Opera and Internet Explorer let you stop websites opening new browser windows, or ‘pop-ups’

The University of Illinois website has details of how to set pop-up blocking for most browsers: www.lis.uiuc.edu/itd/tutorials/Popup/

Microsoft’s advice is at http://www.microsoft.com/windowsxp/using/web/sp2_popupblocker.mspx

Music on Mobiles



Is it ok to put songs on my mobile?

If you have paid for a music service on your mobile, like Nokia’s music store, eMusic mobile or MusicStation, then you are completely fine. If you have copied music from a CD or another service to your mobile then you should be fine. However copying songs from your friends may get you into trouble.


I keep getting premium texts

There’s lots of good advice at PhoneBrain, a site for premium rate users. www.phonebrain.org.uk


What happens if I’ve signed up for service and want to cancel?

If you have signed up for a service and want it to stop, or are receiving texts you don’t think you signed up for , then you should start by checking the message for details of how to unsubscribe.

If this information is not available then reply to the message and text 'STOP', as this is an agreed standard.
If this doesn’t work then PhonePayPlus (who used to be called ICSTIS) should be able to help.  It is the organisation that regulates products or services – such as competitions, TV voting, helplines, adult entertainment, downloads, new alerts or interactive games – that are charged to users' phone bills or pre-pay accounts. www.phonepayplus.org.uk

O2 has some good advice about premium texts advice at: https://www.o2.co.uk/help/adviceonpremiummessagingservices


Is it ok to share my music over Bluetooth?

Unless the music you’re sharing is freely available or licensed under a Creative Commons license that allows you to share it, then probably not.

According to the IntoMobile website, four-fifths of music on mobiles is ‘sideloaded’ using Bluetooth or a cable, even if this is against the law.
www.intomobile.com/2008/01/16/report-most-mobile-music-is-sideloaded-onto-handsets-83-of-music-sideloaded-to-mobile-phones.html
 
www.icra.org


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