The Future of Java / Digital Millennium Copyright Act - Essay Example

First Last Dr. TeacherFirst TeacherLast 15 December 2008 Term Paper Future of Java Programming Language The award winning author of books on Java wrote in the preface of his book, “I know no language can keep its leadership and its luster forever. Java’s reign will end. It’s not a question of if, but of when.” (Tate viii). This may seem a natural assertion as it is common to find languages becoming bulkier with time and increasingly difficult to enhance in view of maintaining backward compatibility. Java has gone through a similar cycle where its class library has grown greatly since its inception in the 1990s. The strength of Java, however, lies not simply in its libraries, portability and ease of development but also in the diversity of application, breadth of users, wide industry support and embracing of modern development paradigms such as open source development. Critics may argue that the continued commitment by industry giants such as Sun, IBM and others is simply a way to resuscitate a language which has reached the crest of its success. In 2005, the Evan Data Corp’s survey showed Java user dropping to 47.9% from 51.4% in 2002 (Hamm). However, in a podcast in March 2008, John Andrews, the CEO of Evan Data Corp quoted their most recent survey showing an increase to more than 50% of usage worldwide and predicted single digit growth for the next two years (Andrews). Recent years have not been without formidable competition. Other than the long standing rivalry with .NET platform, rapid increase has been seen in the use of Ruby, JRuby, Python, Ajax and others. The Google App Engine released in 2008, for example, is based on Python and it would be easier to code using Python rather than Java. So, the question arises that what keeps Java going? Or more importantly, what can make Java continue to lead in the future? The answer perhaps lies in the fact that over the years, Java has transformed into a multi-functional language. With beginnings in applet coding, Java is now deemed the best language to use when designing enterprise level applications (Tate 43). Gartner Research predicts that Java based systems will extend their current lead in high end transaction processing systems considerably by 2013 leaving behind all contenders, particularly .NET which is expected to have slow growth (Pezzini 14). Java may have lost some of its shine in the front end side of development but several languages that are leading this area use the Java Virtual Machine as their platform. Additionally, in the emerging application area of wireless applications and mobile content, Java holds the largest user base, 45%, amongst developers (Andrews). Purpose of Digital Millennium Copyright Act Laws governing copyrights and piracy were reasonably sufficient for a long time till the 1980s. The medium of production of bulk of original work remained printed paper and, later, gramophone records and magnetic tapes. The production facilities were few and easily identifiable and this allowed quicker application of copyright infringement proceedings against illegal producers. The advent and widespread use of two technologies, however, necessitated changes to the laws. The increasing use of digital media to store content such as on CDs and DVDs and the low cost of technologies to copy them brought a challenge to original owners of creative content. Later, availability of content including films, books and music on the Internet further complicated this challenge. Producers responded to these challenges by using encryption and digital protection technologies but they were closely trailed by companies and individuals writing procedures to circumvent these controls. The prime purposes of The Digital Millennium Copyrights Act (DMCA) were twofold. Firstly, it created a platform for creating a global effort to deal with piracy by applying copyright laws in US to original work produced in all countries and regions that were signatories to various conventions. Secondly, it made it illegal to circumvent any technology meant to protect the authors’ rights. In addition, the act gave protection to websites hosting user content if they swiftly acted upon any reported infringements and blocked access to disputed material on their sites. DMCA Implications on Fair Use Prior to DMCA there was no explicit law on anti-circumvention. Central to DMCA is the criminalization of use and provision of tools that allow circumvention of digital protection of copyrighted material. To create a balance, rights of fair use of material have been preserved, exemptions specified and a three year review instituted which would exempt legitimate use. On the surface, it would seem a clear balance has been maintained where, on the one hand, piracy has been discouraged and on the other, fair use has been acknowledged. However, it has been argued that this law tilts the balance in favor of copyright owners by giving them undue control over access to copyrighted material (Abah 5). While the use of copyrighted material for fair use is permitted, any tools that help in this process are placed under strict criminalizing focus of the law. For example, researches may be allowed to copy and paste passages from online books and quote them in their own work but programmers or organizations will not have the incentive to create tools to make this possible for fear of litigation. The law gives unprecedented power to copyright owners in suing perceived infringements. This power has the potential to be misused and can prevent new material to be created by legitimate transformative use of existing material. A documentary producer was forced to mask out a TV screen in a filmed room to hide a show played on it because the owner, Fox, threatened to sue under DMCA if a fee wasn’t paid (Lee 6). The scene was brief and the show on the screen was inconsequential to the documentary but the producer masked it out to avoid high fees or the costs of litigation. Content Downloading The confluence of digitization of content, widespread access to the Internet and advancement in access speeds has opened up enormous possibilities for information sharing. This has also paved the way for availability of music, film, software and other files for download. While there seems to be a consensus on the illegality of the use of such downloads, there are differing opinions on how it is being tackled and the ethical and moral values associated with it. Opinion in Favor of Downloadable Content The availability of online downloads of digitized content represents a paradigm shift in the way it is used in the information age. This shift requires a reconsideration of moral, ethical and legal issues of copyrights and cannot be handled using conventional approaches. The change is reminiscent of the time when radio was introduced and music played on the radio was considered illegal and the music industry tried many ways to stop it. Resolution was only achieved when the industry accepted the changed reality and implemented "Voluntary Collective Licensing" in partnership with stations and artists (“A Better Way Forward”). In hindsight, this move, initially resisted by the industry, benefited it greatly as radio became the biggest vehicle to popularize newly released music and consequently increased sales. Downloading pirated content is considered ethically wrong. However, legal measures to stop this activity are hardly effective in stopping it. It is argued that lovers of music, film and other forms of content would happily pay for it if the price was reasonable. Many users consider the price of content steep and feel the bulk of it goes to middleman, the recording industry, which itself doesn’t pay the actual creators enough for their art (Card). The users must not be penalized for the lack of ingenuity of the industry to introduce new marketing and pricing schemes. While the industry has concentrated on legislation and application of punitive law, they have ignored the behavioral dynamics of the new generation which has grown up with new technology. The younger generation may consider downloading illegal but not morally wrong (Ewing). The industry’s reaction which treats its potential customers as foes is diametrically opposite to this behavior change (Gorry B20). Defenders of downloads also argue that regardless of the legal aspect of the act, studies show that the effect of downloads on overall sales of music do not form even a small percentage of lost CD sales. A study by professors of Harvard University and the University of North Carolina is frequently cited which concludes that “most users are likely individuals who would not have bought the album even in the absence of file sharing” (Borland). Opinion Against of Downloadable Content The offer to download illegally copied software, music, film and other original content represents a morally and ethically deviant behavior. While the companies that create technologies such as peer-to-peer networking and presence on the web rake in advertising revenue, the legal consequences of copyright infringement are passed on to the user (Marks). The ethical considerations of downloading content for free are rooted in the same premises that created the copyright laws in the first place and infringing copyrights amounted to stealing then and amounts to the same even today. Rationalizing by citing change in technology or behaviors only conceals the real issue. It is also argued that ethical values in a society are represented by what is legal or illegal under law. Laws are created to provide a social structure and anything deemed illegal is therefore unethical. To allow downloads of content and not take legal action against copyright violations would open space for other ways of stealing property not rightfully owned by individuals. The price paid for an original work offered by distributors or label owners includes the compensation paid to numerous artists, technicians, writers and others who contribute to the production of this work. The declining income as a result of illegal free downloads directly affects their livelihood and limits their ability to produce more content. The downloader effectively stifles the financial gain and incentive that the producer rightly deserves (“Why You Shouldnt Do It”). This is considered morally wrong in addition to being detrimental to downloader’s own interest in seeking more quality work in future. The importance of recourse to law is considered essential to control illegal downloads. Enforcement of laws ensures that deterrence is created so that individuals or companies do not flout the benefits of new technologies for illegal personal gains (Marks). It is a constant battle and cases like the one involving Napster are milestones in achieving this deterrence. Works Cited Abah, A. “Fair Use and the Digital Millennium Copyright Act (DMCA): A Case for Judicial Review?” Paper presented at the International Communication Association. 27 May, 2003. 15 December, 2008 “A Better Way Forward: Voluntary Collective Licensing of Music File Sharing”. Electronic Frontier Foundation. April 2008. 16 December, 2008 Andrews J. “Java Technology Outlook from Evans Data Corp and IBM”. 19 March 2008. Podcast. IBM Developerworks webcasts. INSIGHT24. 14 December 2008 Borland J. “Music sharing doesnt kill CD sales, study says”. Cnet News. March 29, 2004. 13 December, 2008 Card, O. S. "The Problem of Internet Piracy Is Exaggerated." Opposing Viewpoints: The Internet. Ed. James D. Torr. San Diego: Greenhaven Press, 2005. Lee, Timothy B. “Circumventing Competition: The Perverse Consequences of the Digital Millennium Copyright Act”. The Cato Institute. March 21, 2006. 15 December 2008 Ewing A. “Young voters back file sharing”. The Local – Swedish News in English. June 8, 2006. December 16, 2008 Gorry, G. A. "Steal This MP3 File”. Chronicle of Higher Education. 49.37 (2003): B20. Hamm S. “Java? Its So Nineties”. Business Week. 13 December, 2005. December 15, 2008 Marks S. "Internet Piracy Is a Serious Problem." Opposing Viewpoints: The Internet. Ed. James D. Torr. San Diego: Greenhaven Press, 2005. Pezzini, M. “Application Platform Futures: SOA, Cloud and XTP”. Gartner Research. 26 August, 2008. 14 December 2008 Tate, B. Beyond Java. Sebastopol: OReilly, 2005. “Why You Shouldnt Do It.” Music United for Strong Internet Copyright. 14 December, 2008 Read More