File sharing remains a hot topic among computer users, especially as the legality of music file sharing still leads to thousands of lawsuits against a wide spectrum of alleged file sharers.  Digital music sales are booming, but at the same time, the use of peer-to-peer file sharing programs continues to be extremely popular among PC users.

Rather than sue music listeners, critics of the Record Industry Association of America (RIAA) have recommended several solutions that would make it easier for the file sharing problem to be resolved. 

The Electronic Frontier Foundation (EFF) is "on record as supporting a voluntary collective licensing approach, where music fans are able to pay a small recurring fee (either through their ISPs or directly) in exchange for the freedom to download as much music as they like from whatever source suits them," EFF Staff Attorney Fred von Lohmann told CDFreaks.

The EFF has a web page explaining the voluntary collective licensing and how it would work. 

After Muxtape was shut down by the RIAA a while back, as Muxtape allowed users to create and upload playlists of music they liked.  Muxtape's demise gave way to Opentape, a new service launched a couple of weeks after Muxtape was taken offline. 

The legality of Opentape was immediately brought into question, and many users wondered if they should even bother using the service if it would just be closed down by the RIAA.

"I do not expect Opentape to be shut down, because they are making software available, not hosting content as Muxtape was.  In addition, I think Opentake is likely to be less popular than Muxtape because the number of people willing and able to maintain their own webservers is smaller than those were able to use Muxtape."

Fair use is a common term used in regards to file sharing, in which copyrighted material can be used "for purposes of commentary and criticism."  Copyright holders sometime take exception to fair use, and disputes have gone to court to be settled.

"EFF has sued several individuals and companies that have abused the DMCA takedown process to remove noninfringing content, including Viacom, Michael Crook, the Professional Rodeo Cowboys Association, and Uri Geller, to name a few."

"One of the good things Congress did in the DMCA was to give those whose noninfringing content is censored off the Internet by bogus takedown demands the right to go to court. There has to be a price for abusing the DMCA takedown process, otherwise copyright owners will have no reason to exercise caution in targeting fair uses."

CDFreaks would like to thank EFF staff attorney Fred von Lohmann, for helping us learn a bit more about a very complicated and confusing industry.

CDFreaks plans to speak with the RIAA and discuss similar topics related to file sharing and digital music.  If you have any specific questions you would like answered, please send me an e-mail or post a reply in this thread.