the mind and work of humans.” Unlike tangible property, moreover, the protection of intellectual work evolved much later in human society.<sup>49</sup> This delicate dance is further complicated by complex philosophical underpinnings (surrounding the protection of ideas). Ideas after all are generally an ultimate ‘public good;’ (they are non-rival and non-excludable). In Intellectual Property in the New Technological <u>Age, Robert P. Merges et al. table these questions: “Should the first person to discover a</u> way of performing an important task—for example, a procedure for closing a wound—be entitled to prevent others from using this procedure? Should the first person to pen a phrase or hum a melody be entitled to prevent others from copying such words or singing the song? Should such “intellectual property rights” be more limited than traditional property rights (i.e. the fee simple<sup>50</sup> )?”<sup>51</sup> In the modern economy, however, copyright and other related intellectual measures (surrounding creative work) affect the income of artists and even the larger cultural economy. So, measures have been taken to protect artistic work and other intellectual pursuits. But again, the digital revolution has made this battle costly and difficult to track.

Since the age of the player piano, and Long Play (LP) and the CD, the music industry, as one example, has gone through ‘major and minor revolutions.’ But no change perhaps revolutionized the industry as the Internet. This revolution exploded when Napster, an online music sharing business, set up as a peer-to-peer network enabled copyright infringement in a way never seen before:<sup>52</sup> The amount of content available over the Internet took a quantum leap in late 1999 with the introduction of Napster’s peer-to-peer network technology. This technology vastly expanded the effective storage and exchange capacity of the Internet by enabling computer users running Napster’s software to search the hard drives of thousands of other users for files encoded in the MP3 compression format commonly used for music files. Napster’s server contained the labels of MP3 files, typically some combination of band song titles, which could be searched by Napster users. Searches produced a list of Internet addresses of computers containing the search term. The Napster software would then form a connection through the Internet to the particular computer containing the file, establish a link, and quickly transfer the file to the searcher’s hard drive. In essence, the Napster platform converted every computer running software and connected Napster into a “servent”—enabling it to function as both a server and a client. It became the fastest adopted software application in the history of computer technology, attaining 70 million users within its relatively brief period of operation.<sup>53</sup>

> 49 Ibid.,1

> 50 A _fee simple_ is an “interest in land.  Land owned in _fee simple_ is owned completely, without any limitations or conditions. This type of unlimited estate is called <u>absolute.  A fee simple is generally created</u> when a deed gives the land with no conditions, usually using the words like "to John Doe" or "to John Doe and his heirs." ”— “Legal Information Institute,” Cornell University Law School, accessed March 18, 2015, <u>https://www.law.cornell.edu/wex/fee_simple.</u>

> 51 Robert P. Merges et al., _Intellectual Property in the New Technological Age_ , 1.

> 52 Patrick Kabanda, “'Where Culture Leads, Trade Follows': A Framework for Developing Uganda’s Music as International Trade in Services” (master's thesis, The Fletcher School of Law and Diplomacy, Tufts University, 2013), 60.

> 53 Robert P. Merges et al., _Intellectual Property in the New Technological Age_ , 713.

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