The following letter was sent from a K12 school account in a southern US state. It illustrates the problems facing both paid legal download services, such as Apple's iTunes Music Store and Napster, and the RIAA's attempt to combat the illegal download services.

We've protected their identity, for reasons which should become obvious.

when will winmx be on again tell me when it does and keep me informed. even if you dont know anything now tell me when its on again

p2p fs is leagal its already bought its in the air how can it be illegal i looked into it and the courts just want money my cousin works at the pentagon i asked him to look into it and says they just want money he used to work in the white house.

the bible dont say thou shall not download its not stealing its in the air

Here's how music business lawyer Ken Hertz, who supports the recording industry withdrawing its co-operation for the iTunes Music Service, describes the problem.

"Peer to peer file sharing is really just interactive radio - consumers get to listen to exactly what they want when they want it," he told an ACLU awards dinner in 2002.

"File sharing is NOT piracy. Piracy is big fat guys manufacturing fake CDs in Mexico and selling them at swap meets. File sharing is tens of millions of music fans swapping copies of things they wouldnt otherwise buy. An ASCAP or BMI-like pool of money allocated in an equitable way amongst copyright owners is the only solution that could be of benefit to creators, consumers and copyright owners. Compulsory blanket licensing for non-commercial file sharing is the equivalent of loosening a tourniquet tied around the entertainment industrys neck."

And so concludes our morality lesson for the day. Your comments are, as ever, very welcome.®

Related stories

• Songwriters score victory over AOL, Yahoo! and Real (1 May 2008)
• Rick Rubin: Right idea, Wrong Price? (6 September 2007)
• Music biz agrees: stop shooting self in foot (27 June 2007)
• CISAC Blanket license considered harmful - societies chief (2 June 2007)
• Opinion How to Save Internet Radio (9 March 2007)
• DRM threat to net radio returns (18 January 2007)
• Stoic Napster troubled by Grecian formula (19 July 2006)
• Indies, songwriters want jaw jaw with ISPs (14 July 2006)
• Whiney EFF and RIAA knocked by digital license go ahead (9 June 2006)
• Analysis The RIAA's radio lawsuit - and your iPod (18 May 2006)
• Exclusive Lala - a P2P NetFlix for swapping CDs (7 March 2006)
• DMF iTunes' long march to market share (2 March 2006)
• DMF Universal music chief blasts Slashdot (1 March 2006)
• Collection for anti-RIAA case (9 January 2006)
• Opinion Music sales slide despite RIAA's crushing blows against piracy (31 December 2005)
• South Korean P2P service powers down (8 November 2005)
• Napster has 'nothing' to sell you (27 October 2005)
• Opinion Apple and Disney's two-inch disappointment (18 October 2005)
• Pirates set sail to Darknet island (13 October 2005)
• Rockers fight for their right to restore dignity to the Download Festival (9 October 2005)
• File swapping MSPs - the future of digital music? (26 August 2005)
• Digital music: flat fee futures (28 December 2004)
• How the music biz can live forever, get even richer, and be loved (23 September 2004)
• Why wireless will end ‘piracy’ and doom DRM and TCPA – Jim Griffin (11 February 2004)
• Letters Apple will ‘make RIAA beg for mercy’ – readers (10 November 2003)