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<strong>Doctorate</strong> <strong>of</strong> <strong>Philosophy</strong> (<strong>PhD</strong>) <strong>Research</strong> <strong>Confirmation</strong> <strong>Report</strong><br />

Thesis title:<br />

Digital Rights Management and the Online Music Experience<br />

Candidate: Jenine Beekhuyzen - s1208937<br />

School <strong>of</strong> Information and Communication Technology<br />

Institute for Integrated and Intelligent Systems<br />

Griffith University, Nathan Campus<br />

Principal Supervisor:<br />

A/Pr<strong>of</strong> Liisa von Hellens<br />

Associate Supervisor:<br />

Dr Sue Nielsen<br />

External Supervisor:<br />

Pr<strong>of</strong>essor Supriya Singh<br />

RMIT<br />

Date <strong>of</strong> <strong>Confirmation</strong> Seminar:<br />

Monday 16 April 2007<br />

@ 12:00pm<br />

Jenine Beekhuyzen, Griffith University 2007<br />

Not to be reproduced without permission from the author.<br />

jenine@griffith.edu.au


Table <strong>of</strong> Contents<br />

1. INTRODUCTION_______________________________________________________1<br />

1.1. Background <strong>of</strong> Problem_________________________________________________2<br />

1.2. <strong>Research</strong> Questions ____________________________________________________4<br />

1.3. Significance <strong>of</strong> <strong>Research</strong> ________________________________________________4<br />

1.4. Outline <strong>of</strong> <strong>Report</strong> ______________________________________________________6<br />

2. LITERATURE REVIEW _________________________________________________8<br />

2.1. Download Culture _____________________________________________________9<br />

2.1.1. Music Use _________________________________________________________10<br />

2.1.2. Personalisation _____________________________________________________12<br />

2.2. Digital Rights Management_____________________________________________13<br />

2.2.1. Definitions_________________________________________________________13<br />

2.2.2. Management <strong>of</strong> rights in the online music context _________________________14<br />

2.2.3. Online Business Models ______________________________________________16<br />

2.3. Empirical Studies _____________________________________________________17<br />

2.3.1. User studies ________________________________________________________17<br />

2.3.2. Community/network studies ___________________________________________18<br />

2.3.3. Music industry studies _______________________________________________19<br />

3. RESEARCH METHODOLOGY, METHODS AND SETTING__________________20<br />

3.1. <strong>Research</strong> Methodology_________________________________________________20<br />

3.1.1. Social Informatics___________________________________________________21<br />

3.1.2. <strong>Research</strong> Paradigm__________________________________________________23<br />

3.1.3. Ontological Assumptions _____________________________________________23<br />

3.1.4. Epistemological Assumptions__________________________________________24<br />

3.1.5. Methodological Assumptions __________________________________________25<br />

3.1.6. Ethical Assumptions _________________________________________________25<br />

3.2. RESEARCH METHODS ______________________________________________25<br />

3.2.1. Ethnographic Methods _______________________________________________26<br />

3.2.1.1. Non-participant Observations ________________________________________27<br />

3.2.1.2. Interviews ________________________________________________________28<br />

3.2.1.3. Focus Groups _____________________________________________________29<br />

3.2.1.4. Key Events _______________________________________________________30<br />

3.2.1.5. Maps ____________________________________________________________30<br />

3.2.1.6. Document Analysis ________________________________________________31<br />

3.2.1.7. Triangulation _____________________________________________________31<br />

3.2.2. Ethical Considerations _______________________________________________31


3.2.3. Literature and data analysis with Nvivo__________________________________31<br />

3.3. RESEARCH SETTING ________________________________________________32<br />

3.3.1. Online Communities _________________________________________________32<br />

3.3.2. Individual Participants _______________________________________________34<br />

3.4. USE OF ACTOR NETWORK THEORY __________________________________35<br />

3.5. Applying the Theory___________________________________________________36<br />

4. PROJECT SCHEDULE _________________________________________________38<br />

4.1. <strong>Research</strong> Schedule and Timeline ________________________________________39<br />

4.2. Progress To Date _____________________________________________________41<br />

REFERENCES ___________________________________________________________43<br />

Appendix A – Ethics Certificate ______________________________________________49<br />

Appendix B – Focus Group Questions _________________________________________50<br />

Appendix C – Interview Questions for music users (working)_______________________51<br />

Appendix D – Lauren, the legitimate consumer __________________________________53<br />

Appendix E – Actor-network Diagram _________________________________________54<br />

Appendix F – Empirical Studies ______________________________________________55<br />

TABLES AND FIGURES<br />

Table 1 – Jarvinen’s (2001) Taxonomy <strong>of</strong> <strong>Research</strong> Methods ______________________21<br />

Figure 1 – Ontological Assumptions __________________________________________23<br />

Figure 2 – Stable Elements <strong>of</strong> ANT __________________________________________ 36<br />

Figure 3 – Applying the Stable Elements <strong>of</strong> ANT to the music network _____________ 37<br />

Figure 4 – Overall <strong>Research</strong> Schedule _______________________________________ 39<br />

Figure 5 – Data Collection and Timeline _____________________________________ 40<br />

Figure 6 – Progress to Date ________________________________________________41


1. INTRODUCTION<br />

1.1Background <strong>of</strong> Problem<br />

1.2.<strong>Research</strong> Questions<br />

1.3.Significance <strong>of</strong> <strong>Research</strong><br />

1.4.Outline <strong>of</strong> <strong>Report</strong><br />

This report outlines the doctoral research ‘Digital rights management (DRM) and the online<br />

music experience’ by investigating people’s use <strong>of</strong> online music. The evolution <strong>of</strong> the<br />

technology has seen a move online to access digital music over the Internet, moving from the<br />

more traditional option <strong>of</strong> compact discs (CDs) purchased from physical stores to using online<br />

music stores, online communities and peer-to-peer networks. There are many ways for people<br />

to purchase music through these new online mediums, as well as varying options for<br />

accessing free music. Some <strong>of</strong> this free music is licensed for free use while other is<br />

unauthorised for copying and sharing, thus breaching copyright law.<br />

A result <strong>of</strong> this new music scenario is the huge growth <strong>of</strong> online music sales, paralleled by<br />

continued reporting <strong>of</strong> music piracy reducing music sales and revenues. There is also conflict<br />

between music users, record labels and music artists. Music users are being sued for breach <strong>of</strong><br />

copyright law by the recording industry associations (representing the record labels and the<br />

music artists), record labels are employing the use <strong>of</strong> technological controls in the songs they<br />

sell online limiting a user’s use, and music artists are unhappy at the support <strong>of</strong> the recording<br />

industry associations in returning royalties from legal proceedings against users and the way<br />

record labels are using technological protection measures embedded in their creations.<br />

These relationships are fluid and transformative and the topic <strong>of</strong> online music is contentious.<br />

A ‘download culture’ is emerging enabling users to get music from a range <strong>of</strong> online sources.<br />

These multiple perspectives are useful in understanding this complex problem and the impact<br />

these relationships are having on a users music experience. Important in understanding how<br />

the current problems might shape the future <strong>of</strong> the industry, it is important to know what<br />

people are doing with music; how are they getting music, their use <strong>of</strong> technology, if<br />

technology is limiting their use and how they share music with friends.<br />

Digital rights management (DRM) is a security measure to protect digital versions <strong>of</strong> (music)<br />

content (Jonker and Mauw 2005:467). DRM covers the digital management <strong>of</strong> rights whether<br />

the rights exist in a physical manifestation <strong>of</strong> a work (eg a book/LP) or in a digital<br />

manifestation <strong>of</strong> a work (eg an ebook/mp3 file) (Iannella 2001). When a song is bought and<br />

downloaded from an online store, in most instances it is protected by DRM. Now music users<br />

are finding themselves in difficult legal situations (Remington 2006) and when trying to be<br />

legitimate in getting their online music but they are unsure if their use <strong>of</strong> music constitutes<br />

‘fair use’ i.e. use that is against the copyright law but considered harmless and acceptable<br />

(Jackson, Singh, Waycott and Beekhuyzen 2005). There are also suggestions that the<br />

technological controls imposed by the record labels are impinging on fair use (Fetscherin<br />

2005), constraining convergence (Petkovic and Koster 2006) and placing practical restrictions<br />

on the legitimate use <strong>of</strong> online music (Manasse 2001), thus actually changing the way that<br />

people use music (Sandararajan 2004). This research investigates these issues.<br />

This section discusses the background to the problem, the research questions posed and the<br />

significance <strong>of</strong> the research. It then provides an outline <strong>of</strong> the report.<br />

© Jenine Beekhuyzen Page 1 <strong>of</strong> 58


1.1. Background <strong>of</strong> Problem<br />

My interest in this topic began during a music and digital rights management research project<br />

that I was part <strong>of</strong> in 2005. This project was part <strong>of</strong> the Smart Internet Technology Cooperative<br />

<strong>Research</strong> Centre and finished after one year. The findings from this project suggested that a<br />

user’s music experience is made up <strong>of</strong> many activities carried out in a multiplicity <strong>of</strong> contexts.<br />

Disappointed that this project was not to continue through lack <strong>of</strong> funding, I began my <strong>PhD</strong><br />

research starting with this understanding <strong>of</strong> the online music problem.<br />

Also being an avid music user myself, and having great memories <strong>of</strong> how music has impacted<br />

on my life, I found this topic fascinating. I use the Internet to access, listen and share music,<br />

and I use the computer and my Mp3 player to manage and listen to my music. For me, music<br />

is a very important cultural influence in society and the way we use it is changing<br />

dramatically from the times before digital technology.<br />

Having this background, I am aware how I use music and that I use a range <strong>of</strong> modes and<br />

mediums to access and use it. I have some understanding <strong>of</strong> how others use music in this<br />

online space, however what I hope to explore further is the range <strong>of</strong> activities people are<br />

engaging in with online music, how new technologies are impacting on this and how can legal<br />

online behaviour that fairly supports artists and the record labels be encouraged, while<br />

minimising or ultimately removing the legal action against individual users while providing a<br />

positive user experience.<br />

Music has always been part <strong>of</strong> people’s everyday activities, and it is <strong>of</strong>ten said to be a ‘diary<br />

<strong>of</strong> your life’, <strong>of</strong>ten associated with special times in one’s life (North, Hargreaves and<br />

Hargreaves 2004). Music can be personal or public, and is appropriated in many ways. We<br />

access, listen, share and store music in a variety <strong>of</strong> ways using a variety <strong>of</strong> mediums (Singh,<br />

Jackson, Waycott and Beekhuyzen 2005).<br />

The Internet has opened up new opportunities for business to sell their products online, and it<br />

is a new and convenient way for people to shop from home or work. It is also creating<br />

significant challenges for established industry players (Premkumar 2003). Large multinational<br />

corporations such as Apple, Sony and Micros<strong>of</strong>t, have moved into the online music space,<br />

transferring their <strong>of</strong>fline business models online to reach their customers. Apple Corporation<br />

particularly have been successful with their online music model, partnering with the large<br />

record labels to deliver music via their iTunes music store, which is s<strong>of</strong>tware installed on your<br />

computer allowing access to their online store. Songs from iTunes can then be transferred to<br />

an iPod, Apple’s successful mobile Mp3 device for listening to music. Other corporations<br />

such as Sony and Micros<strong>of</strong>t have also followed Apple’s lead, with multi-million dollar<br />

partnerships, music stores and mobile devices. Some say this progression can be seen as “a<br />

network <strong>of</strong> acquired and emerging entities that are each a shifting piece in the wealthy mosaic<br />

<strong>of</strong> communications and entertainment conglomerates” (Rosenblatt, Trippe and Mooney<br />

2002:9).<br />

From a consumer perspective and a fair competition perspective, music interoperability is<br />

important (Iannella 2001; Dufft 2005; Heileman and Jamkhedkar 2005). The European Union<br />

has displayed unease at these corporate powers and their coupling <strong>of</strong> music content, s<strong>of</strong>tware<br />

and device (Reuters 2007). This coupling, laced with copy protection technology called<br />

digital rights management (DRM) only allows music bought through iTunes to be played on a<br />

computer through iTunes s<strong>of</strong>tware or on an iPod, thus restricting any interoperability. Apple’s<br />

music cannot be played on a competitors (eg Sony) device. Similarly, corporations such as<br />

Micros<strong>of</strong>t and Sony have their own online music stores that also limit the playback <strong>of</strong><br />

purchased music to their specific proprietary devices (eg Sony Mp3 player, Micros<strong>of</strong>t’s Zune<br />

device).<br />

© Jenine Beekhuyzen Page 2 <strong>of</strong> 58


This business strategy resulted in Sony being sued by the French government in late 2006. As<br />

a result, Sony France was ordered to pay France’s consumer group €10,000 (AUD$16.7<br />

million) in damages and the courts stopped short <strong>of</strong> ruling that Sony must stop using DRM. It<br />

did however order that Sony France “clearly state on its Net WM range <strong>of</strong> players that they<br />

will not play files purchased on rival commercial websites” (Strauss 2007). The lawsuit also<br />

targets Apple, whose case is expected to reach the French courts later this year. After the<br />

Sony ruling, Apple commented that this action is “state-based piracy” (Nutall 2007)<br />

Across Europe, consumer rights organisations from Germany, France, Finland and Norway<br />

have agreed on a joint position in their battles against Apple’s iTunes and iPod; their coupling<br />

and their technology. In March 2007, the EU Consumer Protection Commissioner stated, “Do<br />

you think it's fine that a CD plays in all CD players but that an iTunes song only plays in an<br />

iPod? I don't. Something has to change” (Reuters 2007). In January 2007, Norway (a non-EU<br />

member) said Apple must liberalise its music download system by October 1 or face legal<br />

action (Strauss 2007). “While protection against piracy is the publicly accepted justification<br />

<strong>of</strong> such incompatibility between different companies’ music formats and the need for digital<br />

rights mangement, it is also a very easy method to prevent customers from shifting to<br />

competitor’s online music stores or portable audio machines” (Barub 2006:75). This legal<br />

action is significant for the corporations, the music users and the artists alike, however there<br />

has been little discussion <strong>of</strong> this coupling and its negative impact on the music industry<br />

outside <strong>of</strong> Europe.<br />

Being an industry leader in this sector and in the midst <strong>of</strong> this new battle, Steve Jobs, the CEO<br />

<strong>of</strong> Apple, has urged the “four major record companies to start selling music online without<br />

DRM copy protection s<strong>of</strong>tware”. He argued that there appeared to be no benefit to the record<br />

companies to continue to sell more than 90 per cent <strong>of</strong> their music without DRM on compact<br />

discs while selling the remaining small percentage <strong>of</strong> their music encumbered with a DRM<br />

system” (Nutall 2007). However it is unclear if these record labels are considering this option<br />

for their online music.<br />

Alongside the growth <strong>of</strong> online music stores and Mp3 players has been the use <strong>of</strong> peer-to-peer<br />

s<strong>of</strong>tware to share unauthorised ‘illegal’ music. In most cases, this shared music does not<br />

contain any copy protection such as DRM. Using the argument that sharing music via these<br />

networks is moving consumers away from ‘purchasing’ music either online or on CDs, thus<br />

reducing sales for the record labels and royalties for the music artists, users who share any<br />

music are branded ‘pirates’; a term previously reserved for pr<strong>of</strong>essional CD copiers and<br />

criminal organisations monetarily benefiting from such activity (Litman 2006:76). These<br />

individual users are now targets in massive legal proceedings bought on by the music industry<br />

associations (such as the Recording Industry Association <strong>of</strong> America (RIAA) and the<br />

Australian Recording Industry Association (ARIA)), which may be creating a divide between<br />

the record labels and their best customers, young people.<br />

There have been groundbreaking legal rulings against s<strong>of</strong>tware companies like Napster, who<br />

were responsible for the first large scale online music file sharing community (Alderman<br />

2001). Australian s<strong>of</strong>tware company Kazaa also faced strong penalties in 2005 when<br />

convicted <strong>of</strong> encouraging piracy through their file sharing s<strong>of</strong>tware (Jackson et al. 2005).<br />

However it is interesting to note that Kazaa touts being one <strong>of</strong> the most downloaded pieces <strong>of</strong><br />

s<strong>of</strong>tware in history (www.kazaa.com). These legal proceedings have clearly highlighted the<br />

industry’s crucial need to improve its understanding <strong>of</strong> customer needs, and to provide<br />

products and services that meet those needs (Premkumar 2003).<br />

There has also been discussion that the record labels are not actually losing as much revenue<br />

to piracy as the statistics suggest, according to a draft government report for the Australian<br />

Attorney-General's Department, prepared by the Australian Institute <strong>of</strong> Criminology (Hayes<br />

2006). A 2004 study by Oberholzer and Strumpf (2004) also seriously questions industry<br />

© Jenine Beekhuyzen Page 3 <strong>of</strong> 58


claims that file sharing is the primary reason for the recent decline in music sales. They argue<br />

that 5,000 downloads are required to replace one album sale. It has been argued that in the<br />

past several technological developments have already challenged the music industry in similar<br />

ways (Kasaras 2002).<br />

This background to the topic <strong>of</strong> online music and downloading is contentious from all<br />

perspectives. There is an emergence <strong>of</strong> a ‘download culture’, with users getting their music<br />

through the many online sources available, which are driven by a range <strong>of</strong> business models.<br />

The s<strong>of</strong>tware industry continues to battle similar problems with s<strong>of</strong>tware piracy (Ceruzzi<br />

2003), the movie industry is now facing similar copyright issues (IDATE 2005) and the<br />

history <strong>of</strong> hacking has partly set the scene for young people’s perception <strong>of</strong> the value <strong>of</strong> goods<br />

on the Internet (Thomas 2002). These bodies <strong>of</strong> literature, as well as those on music use,<br />

personalisation, digital rights management, and the business models that deliver online music<br />

are useful to inform the current online music situation.<br />

1.2. <strong>Research</strong> Questions<br />

This research takes a user perspective, focusing on the activities <strong>of</strong> music users with<br />

technology as an underlying component. Other stakeholder groups including music artists,<br />

record labels, license creators and distributors, music industry associations, legal<br />

representatives and media journalists, consumer groups and law enforcement will be<br />

consulted as much as possible to give an accurate picture <strong>of</strong> the current situation as it relates<br />

to music users. For this study, the following main question and sub-questions are under<br />

investigation. Answering the sub-questions will help in answering the main question.<br />

Question:<br />

What are the relationships between digital rights management and the attitudes,<br />

motivations and behaviour <strong>of</strong> people engaging in online music?<br />

a. How do people use digital online music and what constitutes their online music<br />

experience?<br />

b. What are the social elements <strong>of</strong> online music and how important is sharing music?<br />

c. Is technology protection such as digital rights management changing the user’s<br />

music experience?<br />

d. What are the benefits to individuals to personalise digital music in an online<br />

environment?<br />

This research is investigating how people use music and what elements <strong>of</strong> this are done in the<br />

online context. As much <strong>of</strong> the music acquired online has security protections such as digital<br />

rights management, the extent, if any, that DRM has on the way people use music is <strong>of</strong><br />

interest. The literature suggests that sharing and personalisation are important aspects <strong>of</strong> using<br />

music (discussed in section 2.1.1 and 2.1.2) so the extent to which these are important will be<br />

explored.<br />

1.3. Significance <strong>of</strong> <strong>Research</strong><br />

This research is significant for a number <strong>of</strong> reasons. Firstly, the use <strong>of</strong> online music is<br />

growing at a rapid pace and an entire industry that supports it is emerging. In the context <strong>of</strong><br />

this growth, there has been little research on how the online environment is changing the<br />

user’s experience and the impact the various technologies such as digital rights management<br />

may have. There are also unsolved issues <strong>of</strong> governance that suggest it is necessary to have a<br />

better understanding <strong>of</strong> how people use music; part <strong>of</strong> this is developing systems that don’t<br />

limit expected use.<br />

© Jenine Beekhuyzen Page 4 <strong>of</strong> 58


Growth <strong>of</strong> online music and the industry: In June 2001, research by IDC predicted that the<br />

market for DRM technology and services, which it measured as US$96 million in 2000,<br />

would be US$200 million in 2001 and ultimately $2.5 billion in 2005, suggesting an annual<br />

growth rate <strong>of</strong> over 100 percent (Rosenblatt et al. 2002:x). Rosenblatt et al comment that an<br />

entire industry is emerging <strong>of</strong> technologies that perform digital rights management (Px).<br />

Based on an analysis <strong>of</strong> forces that drive competition, this industry fits into Porter’s (1980)<br />

classification <strong>of</strong> ‘emerging’ industries and also has elements <strong>of</strong> his defined ‘global’ industries.<br />

This growth is equivalent with the incredible growth <strong>of</strong> online music as a way to access, listen<br />

and share music. In 1993, in a survey <strong>of</strong> 2515 adults in the United States, the Pew Internet &<br />

American Life Project found that 29% <strong>of</strong> Internet users had “downloaded music files to their<br />

computer” with 4 % doing this on a daily basis (Pew 2003). The 2004 Pew survey on Artists,<br />

Musicians and the Internet found that “two-thirds <strong>of</strong> those in the online musician sample say<br />

the Internet has had a big effect on improving their ability to communicate with their audience<br />

and fans <strong>of</strong> their music” (Pew 2004). In 2005, the results <strong>of</strong> a follow up Pew survey reported<br />

that 36 million Americans, or 27% <strong>of</strong> Internet users are downloading music or video files<br />

over the Internet; sharing music is not uncommon as “one in five downloaders has copied<br />

files from other people’s iPod or MP3 player” (Pew 2005). This is in line with the findings<br />

from the Singh et al (2005) empirical study <strong>of</strong> music users in Australia. The Pew survey also<br />

found that half <strong>of</strong> those users that download use using options other than paid online<br />

services/stores and peer-to-peer networks (Pew 2005).<br />

February 2006 saw an online music landmark with the billionth song downloaded through<br />

iTunes (Hickman 2006). Two months later, the BBC reported that ‘Crazy’, by music artist<br />

Gnarls Barkley, had made pop history as the UK's first number one song based on download<br />

sales alone (downloaded 31,000 times) (BBC. 2006). In Australia, digital music accounts for<br />

only 1.5 per cent <strong>of</strong> sales but is the fastest-growing segment <strong>of</strong> the music market (Sams 2006)<br />

with downloads predicted to double in 2007; research from IBISWorld suggests Australians<br />

will spend $60 million on digital music downloads this year and this figure will almost double<br />

by 2010 (Hayes 2006).<br />

Lack <strong>of</strong> research: In 2003, Fetscherin and Schmidt (2003) argued that digital rights<br />

management systems (DRMS) were treated sparingly in the literature. Their opinion was that<br />

there were very few empirical studies available about the current usage <strong>of</strong> DRM or DRM<br />

technologies, and even though an extensive range <strong>of</strong> theoretical literature existed about digital<br />

rights management, either by individual authors or DRM providers, these studies did not<br />

provide insight into how such systems are implemented and used.<br />

They were right in that the body <strong>of</strong> knowledge on music use and technology such as digital<br />

rights management is limited. The research is fragmented and much research done in private<br />

industry is not published and easily accessible. Therefore there is a limited research<br />

foundation body <strong>of</strong> literature to guide this research.<br />

To change (illegal) behaviour, we have to understand it. To support legal behaviour, we need<br />

to learn more about the way they people use digital goods and the channels through which<br />

they obtain them (Dufft 2005). It is also important to understand the implications <strong>of</strong><br />

implementing a DRMS as it is unclear what the effects <strong>of</strong> DRM are on consumer behaviour<br />

(Fetscherin 2005).<br />

New music users do not know what DRM is, do not know or do not really care about<br />

copyright (Pew 2003) and are not well informed about the legality <strong>of</strong> their actions with<br />

respect to digital music (Dufft 2005; Remington 2006). The number <strong>of</strong> empirical studies <strong>of</strong><br />

DRM is growing (such as those discussed in section 2.4) however research so far has mostly<br />

concentrated on separate topics and tasks instead <strong>of</strong> focusing on users’ overall personal task<br />

flows related to digital music (Nettamo, Nirhamo and Hakkila 2006).<br />

© Jenine Beekhuyzen Page 5 <strong>of</strong> 58


There is, however, a gap in the research to inform music sharing technologies and individual<br />

use, and “there is a lack <strong>of</strong> understanding about users’ actual practices surrounding music<br />

sharing” (Voida, Grinter, Ducheneaut, Edwards and Newman 2005). So to understand the<br />

underlying phenomena <strong>of</strong> personal music management, it is necessary to study the overall<br />

picture <strong>of</strong> how people retrieve, manage, enjoy and share digital music content, and what are<br />

the cultural differences with these practices (Nettamo et al. 2006).<br />

Issues <strong>of</strong> governance and systems use: Digital media growth has brought about important<br />

uncertainties regarding the norms that should govern the use <strong>of</strong> cultural products (Barub<br />

2006). An alarming trend with technological protection measures such as digital rights<br />

management systems (discussed futher in section 2.2) “is the fact that the restrictions set out<br />

in the licence between technology developers and copyright owners are usually not expressed<br />

as terms <strong>of</strong> the contract the consumer enters into when the purchase <strong>of</strong> the copyrighted<br />

material is made. Rather, they simply appear as 'features' in the copyrighted items and the<br />

consumer only discovers their existence after the purchase is completed” (Lim 2005). In the<br />

short run, this uncertainty has negative effects on both copyright owners and end-users<br />

(Wagner 2004 in (Barub 2006)).<br />

As Lessig (2004) notes, “circumvention technologies, just like a knife, can be used for both<br />

good and bad means to an end. On one hand, they can be used to break a DRM system and<br />

make millions <strong>of</strong> unauthorized copies <strong>of</strong> copyrighted music albums and sell them in<br />

developing markets. On the other hand, they can be used to circumvent a technology that<br />

prevents a computer from playing a music album”. Barub agrees that DRM “tools not only<br />

regulate current content consumption behaviour <strong>of</strong> individuals but also shape consumers’<br />

reasonable expectations about what they are and what they are not allowed to do” (2006).<br />

Without understaning what users do with online music, it cant be expected that the policy<br />

preferences be an accurate representation <strong>of</strong> user needs.<br />

Following the signing <strong>of</strong> the free trade agreement with the United States, Australia introduced<br />

the Copyright Amendment Bill 2006 to make it legal for people to transfer their CD<br />

collections to their iPods. Previously, this type <strong>of</strong> format shifting had been illegal (Hayes<br />

2006). This change in legislation suggests the sheer number <strong>of</strong> people using iPods and other<br />

Mp3 players has had an enormous impact on the legalities <strong>of</strong> digital technology in Australia.<br />

The other problem with online music technology is its ease <strong>of</strong> use. Alderman’s book (2001)<br />

about Napster, referred to an experience where a record executive “joked about how difficult<br />

it had been to actually pay for and download a song, and counted thirteen steps a consumer<br />

had to follow just in order to get one song legally”. Barub equates buying cultural products<br />

such as s<strong>of</strong>tware and hardware to consume cultural products (such as an MP3) increasingly<br />

resemble going through an important security check when terror-alert is orange (2006:75).<br />

Lauren (a pseudonum), the legitimate consumer in Appendix D also had major problems<br />

when trying to use an online music store to purchase new music.<br />

1.4. Outline <strong>of</strong> <strong>Report</strong><br />

This report is structured as follows. Section 2 draws on the relevant literature as background<br />

to the research questions and the context under investigation presented in this section.<br />

Literature is presented on download culture, considering music use and personalisation;<br />

digital rights management, the many definitions and managing rights in the online context;<br />

and online business models. This section finishes with a summary <strong>of</strong> the empirical studies in<br />

online music, highlighting the contribution that this research makes.<br />

Section 3 discusses the research methodology, methods and setting. Within the research<br />

methodology, the use <strong>of</strong> social informatics, the paradigmatic influences, the philosophical and<br />

ethical assumptions are discussed. The use <strong>of</strong> ethnographic methods is justified and<br />

explained, as are the specific methods that will be used to collect the empirical data. These<br />

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include observations, interviews, focus groups, key events, maps, document analysis and<br />

triangulation. The ethical considerations for this project are also listed. How Nvivo will be<br />

used for the literature and data analysis can also be found here.<br />

A description <strong>of</strong> the research setting <strong>of</strong> online communities and the individual participants in<br />

the research is outlined in section 3. Section 3.4 presents the background literature on the<br />

theory to be used in this research: actor-network theory. Following this there is an explanation<br />

<strong>of</strong> how the theory will be applied in this research.<br />

A project schedule listing all remaining activities in the research is in section 4, as is a<br />

detailed register <strong>of</strong> all planned and completed data collection activities and when they will<br />

occur. Next is a table with my progress to date over the past 14 months, and a brief chapter<br />

outline <strong>of</strong> my final thesis document. A full reference list for this report follows.<br />

There are six appendices with relevant information for this report. In appendix A is my ethics<br />

approval certificate. Appendix B has the focus group questions and appendix C has a working<br />

version <strong>of</strong> the interview questions (these are being modified based on the pilot interview<br />

recently completed). Appendix D contains the scenario <strong>of</strong> Lauren, the legitimate consumer<br />

and her experience while trying to access music from an online music store. An actor-network<br />

diagram or ‘rich picture’ can be found in Appendix E. This diagram gives insight into the<br />

various stakeholders in the research, and how they relate to others elements <strong>of</strong> the network.<br />

Appendix F has a table <strong>of</strong> all empirical studies <strong>of</strong> music use and digital rights management.<br />

They are listed by (publication) date, location <strong>of</strong> study, author, participant focus, focus <strong>of</strong> the<br />

study and methods used. Although this is not a comparative study it is useful to situate this<br />

research within previous research.<br />

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2. LITERATURE REVIEW<br />

2.1.Download Culture<br />

2.1.1.Music Use<br />

2.1.2.Personalisation<br />

2.2.Digital Rights Management<br />

2.2.1.Definitions<br />

2.2.2.Management <strong>of</strong> rights in the online music context<br />

2.2.3.Online Business Models<br />

2.3.Empirical Studies<br />

2.3.1.User studies<br />

2.3.2.Community/network studies<br />

2.3.3.Music industry studies<br />

Getting our music online is now a reliable way to get new music. The process <strong>of</strong> doing this is<br />

referred to as ‘downloading’. Downloading music is<br />

“A process whereby a piece <strong>of</strong> music can be taken from a remote server and<br />

copied to a PC for later access and playback. Downloading is only<br />

constrained by time, not by bandwidth, so the file types that are access can<br />

be larger than for [content] that is streamed and therefore the fidelity <strong>of</strong> the<br />

[content] can be expected to be superior” (Gilbey 2000)<br />

The definition needs some expanding in comment about the PC to include mobile devices, to<br />

where content can now be downloaded directly to, and are regularly used for playback.<br />

Originally developed in 1994 (Russell 2006), the piece <strong>of</strong> music (referred to in the definition<br />

above) is most commonly found in the form <strong>of</strong> an mp3 file; one which is technically stripped<br />

<strong>of</strong> the sound that is not usually heard by a human ear in a household music listening situation,<br />

thus reducing the file size so that it can still be enjoyed but can also be easily distributed<br />

(Sterne 2006). Sterne gives a detailed analysis <strong>of</strong> the mp3 as a cultural artifact, and concludes<br />

that mp3 technology “is perfectly and lovingly shaped for the very purposes to which it is not<br />

supposed to be put: the mp3 is perfectly designed for illegal-file sharing” (2006).<br />

Downloading, like hacking, is not always malicious (Russell 2006) and there is <strong>of</strong>ten more to<br />

the music experience than just listening to the music. The experience is based around things<br />

music users feel are valuable; interaction with the artefacts, such as reading the lyrics on the<br />

inside cover <strong>of</strong> a CD, reading all about the artist on their website, and playing with the<br />

interactive component <strong>of</strong> the CD (Waycott, Jackson, Singh and Beekhuyzen 2005; Nettamo et<br />

al. 2006) Some derive pleasure from the technical apparatus itself, as one newspaper critic<br />

wrote in 1953 (in (Steven 2003:85):<br />

‘there is something intrinsically pleasurable about the whole process <strong>of</strong><br />

selecting, buying and playing a record. Indeed the hi-fi enthusiast probably<br />

derives as much pleasure from extracting the record from its sleeve,<br />

carefully cleaning its surfaces, and adjusting the controls <strong>of</strong> his hi-fi, as<br />

from listening to the music’<br />

This part <strong>of</strong> the experience is present in the <strong>of</strong>fline world (as this example shows nicely) and<br />

continues to be relevant in the digital world (Livingstone 2002). Predominantly now, our<br />

music is digital. We have CDs, MP3’s, DVDs and mobile phones, in replace <strong>of</strong> our LPs and<br />

cassettes; and digital music through the Internet is growing. It is therefore not surprising that<br />

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the Internet is now starting to play an important role in our music habits (Sirotic 2005). Some<br />

suggest it is changing the way music is used (Fetscherin and Schmid 2003; Sandararajan<br />

2004); add to this the varying technologies thrust upon users in order to participate in this<br />

online music space and it may be surprising to realise just how much impact the Internet is<br />

having on our online music experience (Livingstone 2002:93).<br />

2.1. Download Culture<br />

Downloading music over the Internet is fast becoming the preferred way <strong>of</strong> accessing digital<br />

music for many users (Sirotic 2005:5). S<strong>of</strong>tware and hardware companies have innovatively<br />

developed a range <strong>of</strong> security protection and DRM systems for music products with record<br />

companies and music providers rapidly moving into new business models <strong>of</strong> digital delivery<br />

(Rosenblatt et al. 2002:20).<br />

With downloading has emerged some clear subcultures (Cooper and Harrison 2001). Back in<br />

2001, Cooper and Harrison identified the ‘audio piracy’ subculture. This cultural group is<br />

connected through their values and interest in music and technology. They have high<br />

technical literacy “having to keep up with technological advances and other changes in their<br />

virtual environment” and they spend varying amounts <strong>of</strong> their daily lives involved in these<br />

activities. The authors reveal the community’s nominal purpose as “the exchange <strong>of</strong> highquality<br />

audio files between people, making it easier to locate, share and store them for later<br />

playback and re-transmission”. They found that there are three dominant roles that a ‘pirates’<br />

activities fall: that <strong>of</strong> leech, trader and citizen.<br />

Cooper and Harrison give detailed descriptions <strong>of</strong> these roles. In their simplest form, the<br />

‘leech’ receives files free <strong>of</strong> charge and without any social responsibility to the community, it<br />

is considered to be at the bottom <strong>of</strong> the “social heap”. The ‘trader’ approach is based on pure<br />

exchange value; a swap <strong>of</strong> files takes place in this instance. A typical trader is usually active<br />

more regularly than a leecher in the community. The authors argue that the most respected<br />

role in the audio piracy community is that <strong>of</strong> the ‘citizen’; “one who is willing to give files<br />

away in order to benefit the community as a whole, sometimes trading, sometimes leeching,<br />

sometimes providing things for the lechers to consume”. Depending on a users’ relation (eg<br />

time, devotion and social position) to the subculture, membership status changes over time.<br />

Cooper and Harrison further comment that it is important to compare and contrast these social<br />

roles within the community (2001).<br />

As this type <strong>of</strong> downloading is only one approach to acquiring new music, another is to<br />

purchase it from online music stores. iTunes is the most successful <strong>of</strong> these stores (Silverston<br />

2006), however stores from music giants Sony and Virgin have had success. Others such as<br />

emusic and magantune are also having some success (they are the first to adopt creative<br />

commons licensing into their business model – discussed below); they are differentiating<br />

themselves through alternative business models, such as employing a sliding pricing scale,<br />

(Ulbrich 2003). This suggests that people are willing to pay for the music they get online<br />

(Dufft 2005) and they want to use this as a legitimate medium for accessing their new music.<br />

Those that use this method <strong>of</strong> downloading can also be considered a subculture for the<br />

purposes <strong>of</strong> this research. It is suggested that they may have similar motivations and attitudes<br />

for using these channels (even if this is just that they don’t want to engage in what is<br />

considered ‘illegal’ activity), then this is enough to bind them in terms <strong>of</strong> norms, values and<br />

beliefs.<br />

Please note that these sub-cultures are not mutually exclusive. On the contrary, users may<br />

regularly engage in activities from both sub-cultures (Singh et al. 2005) possibly even in the<br />

same sitting. To give an example, they may be using iTunes to get the latest Red Hot Chilli<br />

Peppers release, while using a peer-to-peer (p2p) network to find the song they loved from the<br />

© Jenine Beekhuyzen Page 9 <strong>of</strong> 58


adio that day. Also a crossover <strong>of</strong> these two sub-cultures is that <strong>of</strong> free music. This<br />

engagement with the music (free) can also be considered a subculture in its own right.<br />

Free music on the Internet takes a number <strong>of</strong> forms other than in the ‘piracy’ subculture. Free<br />

music can be found on social networking sites such as MySpace, being placed there by the<br />

artists’ themselves (Pew 2003) for either just listening or in some cases, for downloading also<br />

(Gershberg and Auchard 2006). Free music can also be found in p2p networks, being placed<br />

there again by the artists themselves. Often this free music found on the Internet is in the form<br />

<strong>of</strong> creative commons licensed content. Creative commons music is music that has been<br />

licensed for free use by anyone for non-commercial purposes. The creative commons scheme<br />

works for any digital content, and there is a strong movement for this licensing <strong>of</strong> music<br />

content (http://creativecommons.org/audio), led my Harvard law pr<strong>of</strong>essor Lawrence Lessig<br />

(Lessig 2001; 2004). Creative commons (CC) also provides tools to the average music user to<br />

mix CC music and to find archived CC music through p2p channels. As mentioned above,<br />

Magnatune was the first online music store to adopt creative commons into their business<br />

model <strong>of</strong> distributing music thus proving it is an option for music distribution that needs<br />

further consideration.<br />

As you can see from identifying these subcultures, there is a whole language associated with<br />

downloading and sharing music online. This use <strong>of</strong> language within these subcultures<br />

suggests that using concepts <strong>of</strong> culture may be a useful way to look at the downloading<br />

phenomena. The cultural artifact, the mp3, is “shaped by several electronics industries, the<br />

recording industry and actual and idealized practices <strong>of</strong> listening” (Sterne 2006). Now it is<br />

useful to look at the way that people use music.<br />

2.1.1. Music Use<br />

As discussed in the previous section, users have a number <strong>of</strong> options for acquiring digital<br />

music: either to pirate or to purchase (Fetscherin 2005). Kasaras (2002) argues that the MP3<br />

phenomenon should be examined as part <strong>of</strong> the cultural transformation that the Internet<br />

‘explosion’ produces on a global scale. This view <strong>of</strong> the problem in the wider context is<br />

useful for examining actual music use and practices.<br />

Music users want their music, like other media, on demand (Waycott et al. 2005). About 36<br />

million Americans, or 27% <strong>of</strong> Internet users say they download either music or video files<br />

(Pew 2005). They listen to music on the radio, computer, television, CD player, or portable<br />

player, choosing the technologies they used depending on the context <strong>of</strong> use (for instance,<br />

listening to music on the radio in the car, through the computer at work, on the stereo at<br />

home, and through a portable device while in transit). In other words, participants make use<br />

<strong>of</strong> a number <strong>of</strong> technologies to ensure that music is available to them when they want it<br />

(Waycott et al. 2005).<br />

A large-scale survey in Europe <strong>of</strong> nearly 5000 Internet users identified that 69 % <strong>of</strong> all<br />

Internet users have experience with music on a computer. Particularly, younger Internet users<br />

frequently use their computers or mobile devices to listen to music. They found that “by far<br />

the most important source for digital music are CDs that consumers have either purchased<br />

themselves or CDs from family members and friends. Online music stores do not yet play a<br />

major role as a source for digital music: 29 % <strong>of</strong> the European digital music users have<br />

obtained music from online music stores, but only 9 % frequently use them” (Dufft 2005).<br />

Also in 2005, the comparable Pew survey in the US reported that the “percentage <strong>of</strong> music<br />

downloaders who have tried paid services has grown from 24% in 2004 to 43% in 2005”<br />

however they argue that current file downloaders are now more likely to say they use online<br />

music services like iTunes than they are to report using p2p services “due to the stigma<br />

associated with the networks” (Pew 2005). Confirming these figures, Sirotic’s 2005 study <strong>of</strong><br />

15-17 year olds in Australia highlight how filesharing is a small, but important part <strong>of</strong> daily<br />

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outines and music use. “Teenagers use filesharing networks as an informational, educational<br />

tool in music consumption, as well as it contributing to knowledge and dialogue in social<br />

encounters with friends” (Sirotic 2005:2).<br />

Consistent with their 2001 findings, the Pew survey in 2003 found that “more than half <strong>of</strong> all<br />

Internet users between the ages <strong>of</strong> 18 and 29 have ever downloaded music and almost 10% <strong>of</strong><br />

those in that age group are online downloading music on any given day”. At the same time,<br />

“Americans between ages 30 and 49 are also downloading regularly, with more than a quarter<br />

(27%) <strong>of</strong> Internet users in that age cohort reporting that they have downloaded music to their<br />

computers” (Pew 2003). Sirotic argues that filesharing supplements the way young audiences<br />

engage with music while also redefining the motivations and meanings <strong>of</strong> music.<br />

The home domain functions as the central point when operating music devices, and the home<br />

PC acts as a music hub (Nettamo et al. 2006). Nettamo et al found that content editing,<br />

ripping and transferring between platforms, as well as online downloading and sharing,<br />

happens at home. In general, music users see themselves as honest consumers: their role is to<br />

purchase the music and use it in a way they considered to be fair (Waycott et al. 2005).<br />

The European INDICARE project found that device interoperability is the key demand <strong>of</strong><br />

consumers (Dufft 2005). The same survey found that consumers frequently burn, share, and<br />

store music files and that they are unlikely to accept digital music <strong>of</strong>ferings that do not<br />

support this behaviour. Fetscherin also agrees that there are some “technological<br />

requirements as well as user rights restrictions which consumers might not accept when<br />

downloading legal content” (Fetscherin 2005). Thus he argues that “implementing control<br />

systems like digital rights management systems may make purchasing less attractive than<br />

copying for consumers as the legal products restrict them in their usage” (Fetscherin 2005).<br />

Sharing is an important consideration. The Pew survey <strong>of</strong> 2005 reported, “one in five<br />

downloaders have copied files from other people’s iPods or MP3 player. One in four gets files<br />

via email or instant messaging”. The 2003 results suggested that “two-thirds <strong>of</strong> those who<br />

download music files or share files online say they don’t care whether the files are<br />

copyrighted or not (Pew 2003). However they do seem to want to do the right thing. The<br />

INDICARE project found that “P2P users who have discovered new music on the Internet,<br />

subsequently buy CDs or purchase music from online music stores almost as <strong>of</strong>ten as the<br />

average digital music user does” (Dufft 2005).<br />

The European survey also confirmed that consumers “don’t want all for free but they want<br />

value for money” (Dufft 2005). The majority <strong>of</strong> users are willing to pay for music files that<br />

<strong>of</strong>fer them more flexible usage rights, the ability to transfer files between devices, and the<br />

ability to share. Studies by Nettamo et al (2006) and Singh et al also found that users are<br />

willing to pay for music they believe is valuable to them. Dufft (2005) believes that users are<br />

not willing to give up their flexibility in the use <strong>of</strong> digital music, even if restricted content<br />

were <strong>of</strong>fered at half the price.<br />

Music users enjoy personalising their music, organising the tracks according to their own lists<br />

which is made possible with digital media (particularly with an iPod) (Waycott et al. 2005).<br />

As mentioned above, in the US “one in five downloaders has copied files from other people’s<br />

iPods or MP3 player. One in four gets files via email or instant messaging” (Pew 2005). 40%<br />

<strong>of</strong> Internet users own an MP3 player (Dufft 2005) and owning an iPod has a strong influence<br />

on the tools chosen to retrieve, manage and share music (Nettamo et al. 2006). However until<br />

recently, it was illegal to copy purchased songs from a CD to an iPod in Australia (Hayes<br />

2006).<br />

Although listening to music is largely an individual activity, sharing music among friends is<br />

an important way for people to find out about new music (Waycott et al. 2005). Voida et al<br />

(2005) present a descriptive account <strong>of</strong> the social practices surrounding iTunes music and<br />

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sharing and argue that “the technical innovations pull the opportunities <strong>of</strong> design forward<br />

while political, legal and ethical considerations push those opportunities back”. They believe<br />

that one <strong>of</strong> the greatest challenges for technical innovation in music sharing may be in<br />

allowing designers to make the leap between treating music sharing technologies as personal<br />

music listening utilities and treating music sharing technologies as online communities”<br />

(Voida et al. 2005).<br />

Certain technologies made it easier to share music (for instance, by burning copies <strong>of</strong> CDs),<br />

although copying music is not seen to replace buying; rather it was viewed as a<br />

complementary activity (a way <strong>of</strong> finding out about new music so that people could be<br />

selective about what they bought). The accessibility <strong>of</strong> music makes a difference to how<br />

people use technologies and share music (Waycott et al. 2005).<br />

Of considerable concern though is that “the majority <strong>of</strong> digital music users do not have the<br />

basic knowledge that seems necessary to make informed decisions” in their music buying<br />

activities (Dufft 2005). “The majority <strong>of</strong> users is not well informed about the legality <strong>of</strong> their<br />

actions with respect to digital music” (Dufft 2005). Consistent with the 2003 Pew survey<br />

“more than half <strong>of</strong> the digital music users either do not care whether the music they download<br />

onto their computers is copyrighted or do not know exactly what copyright means”. This is<br />

said to hold true particularly for young Internet users who are at the same time the most<br />

frequent users <strong>of</strong> digital music (Dufft 2005).<br />

In Europe, 63 % <strong>of</strong> users <strong>of</strong> digital music have never heard <strong>of</strong> Digital Rights Management, an<br />

additional 23 % does not exactly know what DRM is (Dufft 2005). Further to this, 79 % <strong>of</strong><br />

the users <strong>of</strong> digital music stores did not know whether the music they purchased was DRMprotected<br />

or not or whether any usage restrictions applied. Of those that knew about usage<br />

restrictions, the majority did not know the details <strong>of</strong> the restrictions (Dufft 2005).<br />

Something also important to note about music use, is that students are more likely to be music<br />

downloaders than non- students. “Fifty-six percent <strong>of</strong> full-time students and 40% <strong>of</strong> part-time<br />

students report downloading music files to their computer. Only a quarter <strong>of</strong> non-students<br />

report downloading files” (Pew 2005). It is particularly important because this group <strong>of</strong><br />

downloaders are perceived to have little understanding <strong>of</strong> the risks and consequences <strong>of</strong> their<br />

actions (Remington 2006).<br />

As identified by the Pew survey (2005) there is possible stigma associated with admitting to<br />

engaging in illegal downloading, thus it is important to note Cooper and Harrison’s<br />

foundation 2001 paper presenting the results <strong>of</strong> the “first sociological analysis” on audio<br />

piracy subcultures. Taking a community perspective, they found that “audio pirates operate in<br />

complex and highly structured social and economic environment that has its own particular<br />

matrix <strong>of</strong> roles and norms”. They found that audio pirates “utilize multiple (and <strong>of</strong>ten<br />

simultaneous) modes <strong>of</strong> communication and speak in a dialect heavily laden with<br />

technological jargon”. They give a good description <strong>of</strong> the programs, networking protocols<br />

s<strong>of</strong>tware, hardware and file formats that make up an audio pirates technical environment.<br />

The following section further expands this discussion by talking about the personalisation <strong>of</strong><br />

music, then the discussion looks at the technology that underlies much <strong>of</strong> the music found<br />

online, digital rights management.<br />

2.1.2. Personalisation<br />

Those delivering music services and products need to be competitive; and to do this they must<br />

providevalue. Personalisation is a way to add value to music content. Personalisation<br />

shouldn’t be confused with customisation. Customisation is about the ‘express wishes <strong>of</strong> the<br />

user’, with personalisation taking the initiative without the user’s input; it implies preferences<br />

on the basis <strong>of</strong> past conduct (Ganley 2002:261).<br />

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In Satchell and Singh’s study on young people, mobile phones and personalisation, they argue<br />

that personalisation is important for young people. They found that personalisation occurs for<br />

aesthetics (look and feel – changing phone covers and ringtones) and also for creating pr<strong>of</strong>iles<br />

and categories <strong>of</strong> pr<strong>of</strong>iles for contacts in their network (Singh and Satchell 2003).<br />

The web has embraced personalisation very well in some instances. Amazon.com is provides<br />

a good example with its ‘suggested reading’ lists, which are based on your previous searches<br />

and stored personal history. It also suggests that ‘others that have purchased this (particular)<br />

book have also purchased ....’ which many users find useful. Online newspapers are also<br />

applying personalisation options to their growing audiences (Kreuger 2006).<br />

Some online music services are also using personalisation services rather effectively.<br />

Pandora.com comes from the Music Genome Project in which the self-named ‘personal DJ’s’<br />

“set out to capture the essence <strong>of</strong> music at the most fundamental level - everything from<br />

melody, harmony and rhythm, to instrumentation, orchestration, arrangement, lyrics, and <strong>of</strong><br />

course the rich world <strong>of</strong> singing and vocal harmony. It's not about what a band looks like, or<br />

what genre they supposedly belong to, or about who buys their records - it's about what each<br />

individual song sounds like” (www.pandora.com). Some other music web services <strong>of</strong>fer<br />

levels <strong>of</strong> personalisation but this is rarely more than remembering your preferences and<br />

personal details from your previous visit to the site. According to Kreuger’s (2006:183)<br />

study, 10% <strong>of</strong> respondents (range <strong>of</strong> stakeholders) reported <strong>of</strong>fering music personalisation<br />

services, mostly for free. But many companies still don’t <strong>of</strong>fer personalisation services. In<br />

fact she reports that personalisation is not popular with the music labels with 85.1% <strong>of</strong>fering<br />

no personalised products or services at all (p167).<br />

2.2. Digital Rights Management<br />

Digital rights management (DRM) is a security measure to protect digital versions <strong>of</strong> (music)<br />

content (Jonker and Mauw 2005). Although there is an overlap in the definitions presented<br />

below, they are based on protection technologies such as encryption, passwords,<br />

watermarking and fingerprinting etc (Fetscherin and Schmid 2003). Even though there is no<br />

unique or standard definition for DRM, those definitions that do exist can generally be<br />

regarded as either rights-based or technology based.<br />

Jonker and Mauw (2005) discuss how “content is bound to a license, and the content is only<br />

accessible under the terms stated by the license”. DRM differs from traditional rights<br />

management by being proactive instead <strong>of</strong> reactive; “it needs to be explicit and<br />

comprehensive instead <strong>of</strong> letting the medium determine the rights” (Rosenblatt et al. 2002:ix)<br />

(ie the hard copy <strong>of</strong> a book is difficult to copy so therefore copying will be limited). However<br />

it is becoming increasingly hard to distinguish between access and use, as these two types <strong>of</strong><br />

systems begin to merge into one single system (Fetscherin and Schmid 2003).<br />

2.2.1. Definitions<br />

The rights based view <strong>of</strong> DRM is defined as a “collection <strong>of</strong> technologies that provides<br />

content protection by enforcing the use <strong>of</strong> digital content according to granted rights. It<br />

enables content owners and content providers to protect their copyrights and maintain control<br />

over distribution <strong>of</strong> and access to content” (Conrado, Petkovic, van der Veen and van der<br />

Velde 2006). Others refer to rights management as “business processes that for legal and<br />

commercial purposes track rights, rightsholders, licenses, sales, agents, royalties, and<br />

associated terms and conditions” (p4) and “controlling and managing rights to digital<br />

intellectual property” (Rosenblatt et al. 2002:xiii).<br />

DRM covers the digital management <strong>of</strong> rights whether the rights exist in a physical<br />

manifestation <strong>of</strong> a work (eg a book/LP) or in a digital manifestation <strong>of</strong> a work (eg an<br />

ebook/mp3 file) (Iannella 2001). Anderson and Lotspiech (1995) argue that DRM is “the<br />

© Jenine Beekhuyzen Page 13 <strong>of</strong> 58


process <strong>of</strong> honouring copyright provisions, license terms and usage agreements established by<br />

the owners <strong>of</strong> the intellectual property”. Taking a broad view <strong>of</strong> the meaning and scope <strong>of</strong><br />

DRM, Rosenblatt et al (2002:vii) describe creating content (information), and inherently<br />

control a set <strong>of</strong> rights to that content – “to see it, to change it, print it, play it, copy it, excerpt<br />

it, translate it into another language and so on”. They view rights as accruing from three<br />

sources:<br />

− Legal: rights that you get either automatically under law (such as inherent copyright) or<br />

by some legal procedure (such as applying for a patent)<br />

− Transactional: rights that you get or give up by buying or selling them, such as buying a<br />

book or selling a manuscript to a publisher<br />

− Implicit: rights defined by the medium that the information is on<br />

Because <strong>of</strong> the changes in the medium (to online), the rights previously implicit in the<br />

medium no longer exist (eg copying an entire book is not easy, compared to reproducing a<br />

digital file) thus changing the nature <strong>of</strong> rights management.<br />

In line with these defintions, the role <strong>of</strong> a digital rights manamgenet system is to “protect and<br />

manage intellectual property ownership as content travels through the value chain from the<br />

content creators to consumers and even from consumer to consumer (C2C)” (Fetscherin<br />

2002). Along this “chain <strong>of</strong> hardware and s<strong>of</strong>tware services and technologies” digital content<br />

is managed for its full life time (Serrao, Neves, Barker, Balestri and Kudamakis 2003).<br />

Record companies have a significant influence on the demand chain as well as the supply<br />

chain (Premkumar 2003) and that content, in this case music, has DRM embedded, usually by<br />

encryption, to protect and manage the rights <strong>of</strong> digital content owners and creators by<br />

controlling how the content can be used (Laidler 2003). This definition by Laidler brings the<br />

technical view <strong>of</strong> DRM into the discussion.<br />

In the technical sense, digital rights management systems are the technological measures built<br />

into the hardware or s<strong>of</strong>tware <strong>of</strong> home computers, digital televisions, stereo equipment, and<br />

portable devices in order to manage the relationships between users and protected expression<br />

(Berkeley Center for Law and Technology 2003). It is a technological protection measure<br />

(using the terminology <strong>of</strong> the Copyright Act) that digitally protects copyright owners against<br />

infringements <strong>of</strong> their works. They are generally defined in two categories: systems that<br />

control access to the works and systems that control the use <strong>of</strong> the works (Fetscherin and<br />

Schmid 2003).<br />

Some say DRM technologies “establish a trust relationship among the parties involved in<br />

digital asset creation and transaction” (Wang, Zhu and Li 2006). From an organisational<br />

perspective, DRM involves the “description, layering, analysis, valuation, trading and<br />

monitoring <strong>of</strong> the rights over an enterprise’s assets; both in physical and digital form; and<br />

tangible and intangible value” (Iannella 2001).<br />

2.2.2. Management <strong>of</strong> rights in the online music context<br />

DRM can be an important component <strong>of</strong> an organisation’s business strategy (Serrao et al.<br />

2003). Jonker and Mauw (2005) stress that “security is an enabling factor <strong>of</strong> DRM”, and it<br />

“persistently protects and governs content based on usage rules specified by the content<br />

owner and rights held by the consumer” (Zhu, Yang and Chen 2005).<br />

Creators, owners, distributors and consumers have rights. In an example <strong>of</strong> a music value<br />

chain, the creator is the Beatles, the owner is Sony, the distributor is Apple (via iTunes), and<br />

the consumer is the purchaser. Premkumar (2003) presents three major participants in the<br />

supply chain; the content creators or artists, record companies and retailers. He argues, “apart<br />

from technological issues, multiple marketing and sociological issues must be addressed to<br />

ensure digital distribution is successful”. The role and separation <strong>of</strong> record companies and<br />

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etailers is <strong>of</strong>ten blurred in the online context, with this in mind Jonker and Mauw (2005)<br />

have identified three core participating roles in digital rights management and the incentives<br />

each role has for participating: the content creator, who creates content; the license creator,<br />

who binds the content to a license (equivalent to the distributor in the example above); and<br />

the user, who wants access to content..<br />

As discussed in the previous section, rights stem from three sources: legal, transactional and<br />

implicit (Rosenblatt et al. 2002). The legal and transactional rights have changed little over<br />

time, however the implicit rights have changed dramatically with the new medium <strong>of</strong> digital<br />

technology. “Most implicit rights derive from what’s easy and what’s hard to do with the<br />

technology” (Rosenblatt et al. 2002), and ease <strong>of</strong> copying has changed significantly in the<br />

case <strong>of</strong> the digital music file.<br />

From a business perspective, DRM is useful in controlling and tracking authorised access to<br />

content, and using these statistics for marketing, sales, royalties and accountability reasons<br />

(Serrao et al. 2003). Selling music online has changed the transaction <strong>of</strong> music in some<br />

obvious ways, such as using e-commerce. There is also now the choice <strong>of</strong> who to partner with<br />

for distribution (Manasse 2001) an what type <strong>of</strong> licensing to use to manage the rights implicit<br />

in the music content.<br />

There are a number <strong>of</strong> licensing options for a record label; generally a “licence is<br />

individualized and encrypted with a key that is bound to the hardware <strong>of</strong> a user’s player, so<br />

the license cannot be illegally shared with others” (Zhu et al. 2005). The other option is to<br />

embed it into the s<strong>of</strong>tware (such as an Mp3 file) as is done with stores like iTunes (Voida et<br />

al. 2005); for example Apple’s DRM is used on all content from their iTunes online store and<br />

on the iPod; Micros<strong>of</strong>t’s DRM is used on Zune (their new mp3 player) and associated online<br />

music store; however Magnatune, an online store that boasts paying their artists 50% <strong>of</strong> sales,<br />

using Creative Commons licensing models.<br />

Petkovic and Koster (2006) propose an alternative method <strong>of</strong> user-attributed rights, allowing<br />

users to have some control over the rights they have on the content. Zhu et al (2005) argue<br />

that control <strong>of</strong> content consumption rather than distribution is much more efficient in<br />

protecting digital assets in the digital world. These varied and non-standard approaches to<br />

music rights are said to be transforming users’ music experience (Petkovic and Koster 2006)<br />

and taking away their expected rights (Jonker and Mauw 2005).<br />

For these reasons, there has been strong encouragement for open digital rights management<br />

(ODRM). ODRM aims to enable interoperability and support for fair-use doctrines (Iannella<br />

2001), which are some <strong>of</strong> the biggest rights management issues in music DRM. In everyday<br />

life, there is a strong move to technology convergence (Jenkins 2006) i.e. having seamless use<br />

<strong>of</strong> content across music devices and platforms, but rights management technology is forcing<br />

users to adapt their music experience to suit their chosen technology. Rather than enforcing<br />

and mandating policies for DRM, open DRM provides the mechanisms to express such<br />

policies (Iannella 2001).<br />

There is also debate about music artists’ rights. Artists, due to the threat <strong>of</strong> copyright<br />

violations, have generally supported the position <strong>of</strong> the record companies in the digital<br />

distribution debate (Premkumar 2003). However, there are signs <strong>of</strong> dissatisfaction. The RIAA<br />

claim to be campaigning for artists’ rights, however no funds recovered from individuals in<br />

the legal cases won by the RIAA have ever reached individual artists<br />

(www.defectivebydesign.org). Despite this, some artists and bands such as Metallica, have<br />

been very vocal about their support <strong>of</strong> DRM and the music industry’s strategy (Alderman<br />

2001:8). Others feel strongly that the music industry associations have never supported their<br />

needs, and that DRM continues this trend. At a conference on music and piracy, Courtney<br />

Love stated:<br />

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“Story after story gets told about artists – some <strong>of</strong> them in their 60s and 70s, some<br />

<strong>of</strong> them authors <strong>of</strong> huge successful songs that we all enjoy, use, and sing, - living<br />

in total poverty, never having been paid anything. Not even having access to a<br />

union or to basic healthcare. Artists who have generated billions <strong>of</strong> dollars for an<br />

industry die broke and uncared-for. And they’re not actors or participators.<br />

They’re the rightful owners, originators, and performers <strong>of</strong> original compositions.<br />

This is piracy. Technology is not piracy” (Alderman 2001:126).<br />

Additional evidence <strong>of</strong> this contentious debate are the results <strong>of</strong> the (first large-scale) 2004<br />

Pew Internet survey <strong>of</strong> the impact <strong>of</strong> the Internet on artists and musicians (Pew 2004). It<br />

revealed that artists and musicians are “embracing the Web as a tool to improve how they<br />

make, market, and sell their creative works. They eagerly welcome new opportunities that are<br />

provided by digital technology and the Internet. At the same time, they believe that<br />

unauthorized online file sharing is wrong and that current copyright laws are appropriate,<br />

though there are some major divisions among them about what constitutes appropriate<br />

copying and sharing <strong>of</strong> digital files”.<br />

As this debate shows, there is no clear answer to rights management in the online music<br />

environment. The argument so far suggests that DRM technology plays an important role in<br />

the context <strong>of</strong> content rights protection and management (Serrao et al. 2003), however it is<br />

impinging on users’ activities (Sandararajan 2004). DRM is growing in use by the record<br />

industry and distributors, with music downloaded through peer-to-peer torrent networks<br />

(<strong>of</strong>ten illegal content) being free <strong>of</strong> any DRM and any restrictions. To date, DRM systems<br />

have generally been effective in their approach to protecting digital information and enforcing<br />

the content rights <strong>of</strong> creators, however they place some practical restrictions on legitimate<br />

users <strong>of</strong> online music (Manasse 2001; Fetscherin 2005; Jackson, Singh, Waycott and<br />

Beekhuyzen 2005) (See Appendix C for Lauren’s story).<br />

DRM’s main limitation is that “they don’t do a great job <strong>of</strong> modelling the actual uses <strong>of</strong><br />

content” (Rosenblatt et al. 2002). Much <strong>of</strong> the DRM literature is focused on the technical<br />

aspects <strong>of</strong> DRM, looking at technologies such as watermarking (Chung, Kim, Jung and Moon<br />

2005; Liu, Shao and Huang 2005) and digital fingerprinting (Mizuki, Nounin, Sone and<br />

Toyotame 2005; Yong and Lee 2005) as a means to the ‘perfect’ secure system. However<br />

many <strong>of</strong> these approaches give little regard to actual user behaviour (Arnab and Hutchinson<br />

2005).<br />

Recent research suggests that music downloading is becoming a daily activity (Sirotic 2005),<br />

people have complex motivations for downloading (Singh et al, 2005), and current DRM<br />

technology doesn’t necessarily support the spectrum <strong>of</strong> activities that users engage in<br />

(Petkovic and Koster 2006). In fact in many cases, it goes against the consumer experience <strong>of</strong><br />

music (Duncan, Barker, Douglas, Morrey and Waelde 2004; Sandararajan 2004; Fetscherin<br />

2005) and actually restricts legitimate users. These issues need further investigation within the<br />

user context and the wider societal context.<br />

2.2.3. Online Business Models<br />

Digital rights management has become a pressing concern for the online music business<br />

(Kwok 2002). DRM concerns the management <strong>of</strong> copies <strong>of</strong> virtual goods; the associated<br />

rights management systems “attempt to make a faithful digital copy harder to produce, or<br />

harder to use, but with limited success. Instead, personalized licenses to content can be<br />

unique, and can serve as a practical method for establishing a user’s rights to digital goods”<br />

(Manasse 2001).<br />

According to Rosenblatt et al (2002:xi), the specification <strong>of</strong> who can do what to or with a file<br />

a rights model. They believe that “developers <strong>of</strong> rights models for DRM took their inspiration<br />

from file permission schemes for multiuser operating systems”. Zhu et al (2005) suggest<br />

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essential parts <strong>of</strong> DRM, they are “rights expression language to describe rights to be<br />

managed, encryption and key generation and management to protect the content from<br />

unauthorized access and usage, and tamper-pro<strong>of</strong> trusted DRM modules on the client side to<br />

ensure and manage the rights exactly as acquired”.<br />

Premkumar (2003) presents six digital distribution strategies to distribute music through the<br />

supply chain. He argues that focusing on supply chain efficiency may provide a solution that<br />

cannot be implemented due to other constraints. He presents the pros and cons <strong>of</strong> each<br />

distribution strategy for the identified stakeholders: customers, retailers, record companies,<br />

and artists. He believes that while “educating the public on copyrights and the impact <strong>of</strong><br />

illegal copying on the music industry is critical to ensuring the music industry remains<br />

healthy, and incentives exist for artists to create new music” (Premkumar 2003).<br />

An alternative approach to some <strong>of</strong> the more restrictive models <strong>of</strong> managing rights is the<br />

open digital rights management framework (ODRM). The ODRM framework is different in<br />

that it considers technical, business, social and legal streams in its implementation and also<br />

encourages interoperability (Iannella 2001).<br />

2.3. Empirical Studies<br />

This research project being presented in this document is empirical, so it is helpful to put it in<br />

the context <strong>of</strong> other empirical studies. By doing this, it is possible to see the contribution this<br />

research makes. Empirical studies on music and downloading are discussed briefly here and<br />

can be referred to in Appendix F where they are organised and presented in a table.<br />

This research adds to the body <strong>of</strong> literature in a number <strong>of</strong> ways (see below for further<br />

explanation <strong>of</strong> these studies). Firstly there has been no study found that combines user, music<br />

artist and industry stakeholder empirical perspectives in the one study. Secondly, other than<br />

the New Zealand study on music information retrieval (Cunningham, Jones and Jones 2004),<br />

there is no identified study <strong>of</strong> digital music use combining methods <strong>of</strong> observations,<br />

interviews and focus groups. Thirdly, there are only two studies identified that explicitly state<br />

‘students’ as all or some <strong>of</strong> their participants (Fetscherin 2005; Singh et al. 2005).<br />

Additionally, there seem to be few studies that analyse actual online behaviour in a p2p<br />

network/community environment (Adar and Huberman 2000; Cooper and Harrison 2001;<br />

Oberholzer and Strumpf 2004). Lastly, only two empirical studies have been found that<br />

specifically look at the activities <strong>of</strong> users and their online music activities in Australia (Singh<br />

et al. 2005; Sirotic 2005).<br />

Although the list <strong>of</strong> studies discussed here (and tabulated in Appendix F) is not exhaustive,<br />

these are those identified from the literature to date. Continuing to look for empirical studies<br />

completed is an important task <strong>of</strong> this research. Keeping in mind this is not a comparative<br />

study; the studies here do however provide an overview <strong>of</strong> the different foci, locations and<br />

methods <strong>of</strong> empirical research into online music.<br />

2.3.1. User studies<br />

Eleven studies focusing on music users and their music activities have been identified from<br />

the literature. These span the past 5 years from 2002. They have been carried out in a range<br />

<strong>of</strong> disciplines and using a range <strong>of</strong> methods. Surveys and interviews are the most common<br />

form <strong>of</strong> data collection. The studies stem primarily from the US and Europe, with only two<br />

studies located in Australia and one in New Zealand. Some <strong>of</strong> the large-scale surveys reach a<br />

large group <strong>of</strong> participants, up to 5000 in some cases.<br />

Three large-scale surveys on Internet and music use and consumer issues <strong>of</strong> DRM have been<br />

conducted. The Pew survey in the US, conducted in 2003 and again in 2005, surveyed 1421<br />

and 2515 adult Internet users respectively. These studies found that the use <strong>of</strong> the Internet is<br />

growing as is engagement in varying levels <strong>of</strong> music downloading and sharing, and that a<br />

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large number <strong>of</strong> people either do not know or care about music copyright issues (Pew 2003,<br />

2005).<br />

The European INDICARE (The INformed DIalogue about Consumer Acceptability <strong>of</strong> DRM<br />

Solutions in Europe) project aims to “raise awareness, help to reconcile heterogeneous<br />

interests <strong>of</strong> multiple stakeholders, and to support the emergence <strong>of</strong> a common European<br />

position with regard to consumer and user issues <strong>of</strong> Digital Rights Management (DRM)<br />

solutions” (Dufft 2005). The large-scale survey reached 4852 Internet users and had similar<br />

results as the US Pew survey. Dufft (2005) presented results suggesting that consumers have<br />

very little understanding <strong>of</strong> DRM and how they impact on their music use.<br />

Within the mobile music space, Vlachos, Vrenchopoulos and Pateli (2006) interviewed 25<br />

consumers in Greece and the UK (as well as executives, discussed in section 2.4.3). Their<br />

interest is in the task <strong>of</strong> moving traditional business models to mobile markets. Nettamo,<br />

Nirhamo and Hakkila (2006) also interviewed their 12 participants from New York and Hong<br />

Kong. This occurred after the users had spent time keeping a mobile photo diary and<br />

description <strong>of</strong> their mobile music activities.<br />

Two studies identified have specifically considered young people and their use <strong>of</strong> new media.<br />

In the UK, Livingstone conducted an extensive study on 160 children, parents and heads <strong>of</strong> IT<br />

teaching in schools. She found that the activities don’t change with new media; it is the<br />

activities to engage in them that change (Livingstone 2002:89). Sirotic’s Australian study <strong>of</strong><br />

11 teenagers between 15-17 years <strong>of</strong> age, highlights that file sharing is a small, but important<br />

part <strong>of</strong> daily routines and music use (Sirotic 2005:2).<br />

Fetscherin’s 2005 study is the only identified empirical work that focuses on students<br />

specifically. He argues that even though students don’t represent the entire consumer<br />

segment, they do represent a significant target group <strong>of</strong> these products. From the 174<br />

responses to the survey, he suggests that there are a number <strong>of</strong> technological and usage<br />

restrictions placed by DRM that may be unacceptable to music users (Fetscherin 2005). The<br />

other study that includes some students in the sample found similar results. Singh, Jackson,<br />

Waycott and Beekhuyzen (2005) found that music users exist on a continuum <strong>of</strong> purchase and<br />

downloading; i.e. in some instances a user purchases music and in other cases they may use<br />

file sharing networks. They found that there is no clear ‘norm’ <strong>of</strong> music activities, and that<br />

there are contradictions between DRM technologies and music consumers’ activities<br />

(Waycott et al. 2005).<br />

The remaining two studies identified from the literature are focused around specific music<br />

activities. Cunningham, Jones and Jones’ study <strong>of</strong> ‘browsing’ music in New Zealand employs<br />

mostly observations to understand the process <strong>of</strong> choosing new music (2004). Their music<br />

information retrieval study also uses focus groups and interviews to gather user data. The<br />

final study identified focuses on the use <strong>of</strong> iTunes in an <strong>of</strong>fice environment (Voida et al.<br />

2005). Voida et al’s study <strong>of</strong> 13 participants was particularly interested in the sharing<br />

capabilities <strong>of</strong> iTunes made possible through Apple’s rendezvous technology.<br />

2.3.2. Community/network studies<br />

Useful for this research, there are three identified empirical studies on music sharing<br />

communities and networks in the literature. These studies generally employ observations<br />

where the researcher attempts to become immersed in the file-sharing network. Observations<br />

in the different studies range from 24 hours to 17 weeks. These studies have been<br />

concentrated in the US.<br />

Adar and Huberman’s study (2000) examined the gnutella p2p network for 24 hours. They<br />

found that this network had few aspects <strong>of</strong> community, rather, it was felt to be an ‘impersonal<br />

network’. Cooper and Harrison presented the observations <strong>of</strong> Mp3 sharers in an IRC chat<br />

© Jenine Beekhuyzen Page 18 <strong>of</strong> 58


environment in 2001. Their focus on one particular ‘subculture’ <strong>of</strong> audio piracy over a few<br />

months attempts to advance the concept <strong>of</strong> virtual communities (Cooper and Harrison 2001).<br />

More recently, Oberholzer and Strumpf (2004) observed a p2p network for 17 weeks. From<br />

this, they argue that these networks are having limited impact on music sales.<br />

2.3.3. Music industry studies<br />

There are also a number <strong>of</strong> studies exploring the attitudes and business practices <strong>of</strong> others<br />

along the creator to consumer continuum (Cope and Freeman 2001), with participants from<br />

music companies, record labels, DRM providers and music artists. These have all been<br />

conducted in Europe, except the notable Pew survey, through a mix <strong>of</strong> both surveys and<br />

interviews. Some <strong>of</strong> studies have interviewed a substantial number <strong>of</strong> participants, over 100 in<br />

some cases. The Pew survey has nearly 3000 participants.<br />

In Europe in 2000, Kretschmer, Klimis and Wallis (2001) interviewed 100 music companies.<br />

In their interest <strong>of</strong> changing business models, they used multi-national and independent<br />

companies in their study. Still in Europe and as part <strong>of</strong> the INDICARE project, Fetscherin and<br />

Schmid surveyed 10 DRM providers in the film, print and music industries about how their<br />

use <strong>of</strong> DRM technologies change the usage rights <strong>of</strong> the content (Fetscherin and Schmid<br />

2003).<br />

Alongside Vlachos, Vrenchopoulos and Pateli’s (2006) interviews with consumers (discussed<br />

in section 2.4.1), they also interviewed 19 executives from music content providers in Greece<br />

and the UK about their transition to mobile music markets. Swatman, Kreuger and van der<br />

Beek’s study in Germany also focused on the changing business models <strong>of</strong> music providers<br />

(2006). They conducted 340 surveys and 112 interviews. There have also been recent surveys<br />

conducted by Jupiter <strong>Research</strong> in Europe about attitudes to DRM, however as a consulting<br />

firm conducts them, access to their research results is expensive and difficult to find without<br />

paying large sums <strong>of</strong> money. This is being investigated further.<br />

The 2004 study by Kretschmer (2004) and the 2004 Pew survey on Artists, musicians and the<br />

Internet are the only studies located that consider artists’ views. Kretschmer’s study asks<br />

artists about the effect online piracy is having on their ability to make money from their music<br />

career. In this study, 8 artists were asked to comment on their earnings and the state <strong>of</strong> online<br />

music. In the Pew survey <strong>of</strong> 2755 musicians, they found that they “have embraced the internet<br />

as a tool that helps them create, promote, and sell their work. However, they are divided about<br />

the impact and importance <strong>of</strong> free file- sharing and other copyright issues”. This is the largest<br />

study <strong>of</strong> its kind.<br />

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3. RESEARCH METHODOLOGY, METHODS AND SETTING<br />

3.1. <strong>Research</strong> Methodology<br />

3.1.1. Social Informatics<br />

3.1.2. <strong>Research</strong> Paradigm<br />

3.1.3. Ontological Assumptions<br />

3.1.4. Epistemological Assumptions<br />

3.1.5. Methodological Assumptions<br />

3.1.6. Ethical Assumptions<br />

3.2. RESEARCH METHODS<br />

3.2.1. Ethnographic Methods<br />

3.2.2. Ethical Considerations<br />

3.2.3. Literature and data analysis with Nvivo<br />

3.3. RESEARCH SETTING<br />

3.3.1. Online Communities<br />

3.3.2. Individual Participants<br />

3.4. USE OF ACTOR NETWORK THEORY<br />

3.5. Applying the Theory<br />

Many argue methodology is much more than method; it is the theory <strong>of</strong> how inquiry should<br />

proceed (Schwandt 1997:93)(p93). Shoib, Nandhakumar and Jones (2006) suggest it is about<br />

“the philosophy and assumptions that underlie the conduct <strong>of</strong> a research endeavour and thus<br />

pertains to the structure as well as content <strong>of</strong> the study”. They also believe that “the choice <strong>of</strong><br />

methodology defines the pool <strong>of</strong> choices for later decisions in the study” (Shoib et al. 2006).<br />

This section discusses the research approach and the use <strong>of</strong> social informatics at the societal<br />

level <strong>of</strong> analysis, focusing on the relationships between information, information systems, the<br />

people who use them and the context <strong>of</strong> use. It briefly discusses the concept <strong>of</strong> paradigms in<br />

information systems research, and the inherent ontological assumptions that will guide this<br />

research. Benbasat, Goldstein and Mead (1987) believe the goals <strong>of</strong> the research and the<br />

nature <strong>of</strong> the research topic can influence the selection <strong>of</strong> a strategy, thus the epistemological<br />

and methodological assumptions that ‘fit’ with the chosen ontology are discussed. The role<br />

and values <strong>of</strong> information systems research are also important to note, these are discussed as<br />

ethical assumptions.<br />

3.1. <strong>Research</strong> Methodology<br />

Jarvinen (2001) presents a taxonomy <strong>of</strong> research methods, distinguishing at the top level<br />

between approaches studying reality and mathematical approaches. In studying reality,<br />

empirical approaches are divided between theory-testing approaches and theory creating, as<br />

show in the diagram below (figure 1).<br />

© Jenine Beekhuyzen Page 20 <strong>of</strong> 58


<strong>Research</strong>ers stressing what is<br />

reality<br />

Conceptualanalytical<br />

approaches<br />

Theorytesting<br />

approaches<br />

Approaches studying<br />

reality<br />

Approaches<br />

for empirical<br />

studies<br />

Theorycreating<br />

approaches<br />

<strong>Research</strong> approaches<br />

Figure 1 Jarvinen’s (2001) taxonomy <strong>of</strong> research methods (p10)<br />

Mathematical approaches<br />

<strong>Research</strong>ers stressing utility <strong>of</strong> innovations<br />

Innovationbuilding<br />

approaches<br />

Innovationevaluating<br />

approaches<br />

Jarvinen (2001) suggests the decision about theory-testing or theory creating approaches lies<br />

in whether there is a theory, model or framework guiding our research, or whether a new<br />

theory grounded on the gathered raw data is being developed (p10). Ethnographic methods<br />

are a theory-creating approach, as is grounded theory and phenomenonology (p11). This<br />

research fits into the theory-creating approach, as there is no model, framework or theory<br />

guiding the research. Actor-network theory will be used but more as a methodological theory<br />

rather than as a theory to guide the research; it will help to explain what is going on but it is<br />

not a construct guiding specific questions like “why did A happen?”<br />

From the perspective <strong>of</strong> this adopted research approach <strong>of</strong> theory-creating, the field <strong>of</strong><br />

research that this research fits in, and the research assumptions that will guide it can be<br />

discussed.<br />

3.1.1. Social Informatics<br />

Social Informatics is "the interdisciplinary study <strong>of</strong> the design, uses and consequences <strong>of</strong><br />

information technologies that takes into account their interaction with institutional and<br />

cultural contexts" (Kling 1999). Kling explains the research focus on the relationships<br />

between information and communications technologies and the larger social context in which<br />

these information and communication technologies (ICTs) exist.<br />

Social informatics research is emerging as a transdiscipline (Lamb and Sawyer 2005) across<br />

the social sciences, information science, computer science and information systems.<br />

Contemporary social informatics work spans issues <strong>of</strong> design, implementation, and use <strong>of</strong><br />

ICTs in a wide range <strong>of</strong> social and organizational settings (Sawyer and Eschenfelder 2002)<br />

and has produced some useful ideas and findings that are applicable to many kinds <strong>of</strong><br />

information technologies and shed interesting light on these dilemmas <strong>of</strong> Internet use (Kling<br />

1999). Sawyer and Eschenfelder (2002) present a comprehensive discussion <strong>of</strong> this body <strong>of</strong><br />

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esearch, framing social informatics research as “exploring, explaining, and theorizing about<br />

the socio-technical contexts <strong>of</strong> ICTs”.<br />

Like the Human Computer Interaction (HCI) and Computer Supported Cooperative Work<br />

(CSCW) fields <strong>of</strong> research, social informatics is best viewed as a large and growing<br />

federation <strong>of</strong> scholars focused on common problems (Sawyer and Eschenfelder 2002). Like<br />

many other fields <strong>of</strong> research, social informatics draws on a range <strong>of</strong> social theories to explain<br />

phenomena. There is no single theory <strong>of</strong> social informatics and there is no claim being made<br />

that the research in this field is pursuing one particular theoretical notion (Sawyer and<br />

Eschenfelder 2002). However, this body <strong>of</strong> research has developed theories and findings that<br />

are pertinent to understanding the design, development, and operation <strong>of</strong> usable information<br />

systems, including intranets, electronic forums, digital libraries and electronic journals (Kling<br />

1999).<br />

The social informatics approach is appropriate to use in studying information technology use<br />

and social change in any sort <strong>of</strong> social setting, not just organisations; it is generally empirical<br />

and contributes to a body <strong>of</strong> reliable knowledge about information technology and social<br />

change (Kling 1999). The concept <strong>of</strong> the ‘social context’ is essential in understanding what<br />

role information technology development and use plays in influencing the ways that people<br />

use information and technologies (Sawyer and Eschenfelder 2002). Additionally, social<br />

informatics’ emphasis on the empirical contextual analysis <strong>of</strong> ICTs and people in social<br />

settings is increasingly useful for researchers who are also concerned with the physical<br />

properties and design issues in support <strong>of</strong> people’s uses <strong>of</strong> information and contemporary<br />

information systems (Sawyer and Rosenbaum 2000).<br />

Social informatics approaches have been applied to a variety <strong>of</strong> issues <strong>of</strong> concern to designers<br />

and users, and Kling (1999) believes “researchers have developed some fundamental ideas<br />

that can help improve pr<strong>of</strong>essional practice and that pertain to a diverse array <strong>of</strong> information<br />

systems”. Putting the principles <strong>of</strong> social informatics into practice he believes “the design and<br />

configuration <strong>of</strong> information systems that work well for people and help support their work,<br />

rather than make it more complicated, is a subtle craft”.<br />

Social informatics research investigates intriguing new social phenomena that emerge when<br />

people use information technology (Sawyer and Eschenfelder 2002). Walsham and Sahay’s<br />

study (1999) investigated the implementation and use <strong>of</strong> a new technology, a geographic<br />

information system (GIS). The longitudinal study was situated in a government department<br />

and within this research approach; they found actor-network theory useful for their analysis.<br />

Davis (1997) investigated digital libraries and found social informatics useful in highlighting<br />

“the wide range <strong>of</strong> actors and relationships that define system usability and use”. Kling (1999)<br />

expanded on this and other studies <strong>of</strong> digital documentary systems. (Sawyer and Eschenfelder<br />

2002) draw on the Etzioni and Etzioni (1999) study <strong>of</strong> computer-mediated communication<br />

(CMC) in which they report that the creation <strong>of</strong> sustainable (stable) communities <strong>of</strong><br />

participants (stakeholders) is critical to a CMC system.<br />

The social informatics approach is useful in this study as it encourages the view <strong>of</strong> specific<br />

information technologies as ‘socio-technical systems’ (Kling 1999), with digital rights<br />

management systems being a complex, interdependent system comprised <strong>of</strong>:<br />

o people in various roles and relationships with each other and with other system<br />

elements;<br />

o hardware (computer mainframes, workstations, peripherals, telecommunications<br />

equipment);<br />

o s<strong>of</strong>tware (operating systems, utilities and application programs);<br />

o techniques (management science models, voting schemes);<br />

o support resources (training/support/help); and<br />

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o information structures (content and content providers, rules/norms/regulations, such as<br />

those that authorize people to use systems and information in specific ways, access<br />

controls).<br />

Kling argues that these elements are not simply a static list, but are interrelated within a<br />

matrix <strong>of</strong> social and technical dependencies (Kling 1999). These aspects <strong>of</strong> the sociotechnical<br />

system are also useful in identifying those present in the actor-network (discussed in<br />

section 3.5).<br />

3.1.2. <strong>Research</strong> Paradigm<br />

Talking <strong>of</strong> a paradigm as “an accepted model or pattern”, Kuhn began the discussion <strong>of</strong><br />

paradigms decades ago in his influential book on scientific revolutions (Kuhn 1970:23).<br />

Regardless <strong>of</strong> its controversial nature and its focus on natural sciences, Burrell and Morgan<br />

(1979:23) first proposed four mutually-exclusive paradigmatic stances applying them to the<br />

nature <strong>of</strong> social science and the nature <strong>of</strong> society, termed functionalist, interpretive, radical<br />

humanist and radical structuralist. They use the term ‘paradigm’ to describe the basic<br />

assumptions underlying co-existent theories. Over the past two decades, these four paradigms<br />

have been explained, expanded and criticised.<br />

Hirschheim and Klein (1989) argue that investigating computer-based information systems<br />

involves making a number <strong>of</strong> implicit and explicit assumptions. They advocate a framework<br />

(based on Burrell and Morgan's (1979:23) four paradigms <strong>of</strong> social theory) to classify the four<br />

paradigmatic approaches to information systems development; functionalism, social<br />

relativism, neo-humanism and radical structuralism. Hirschheim and Klein are not as stern in<br />

discussing the mutual exclusivity <strong>of</strong> paradigms; they believe that “in practice information<br />

system development approaches are influenced by assumptions from more than one<br />

paradigm, however one paradigm’s influence is dominant” (p20).<br />

In line with Chua’s (1986) criticism <strong>of</strong> the paradigms, structuration theory is advocated by a<br />

number <strong>of</strong> researchers as an alternative (Walsham and Han 1991; Orlikowski 1992; Weaver<br />

and Gioia 1994) proclaiming that it intends to move beyond the apparent opposition between<br />

perspectives. Although structuration theory is an option, this research adopts a widely<br />

supported paradigm for IS research. This research is situated in the social relativist paradigm<br />

<strong>of</strong> Hirschheim and Klein's (1989), which corresponds to Burrell and Morgan’s ‘interpretive’<br />

paradigm <strong>of</strong> social inquiry.<br />

In 1991, Iivari proposed a framework based on the four major paradigmatic constituents;<br />

ontology, epistemology, methodology and ethics <strong>of</strong> research (Iivari 1991). Choices about<br />

these assumptions within this chosen paradigm for this research are discussed in the following<br />

sections.<br />

3.1.3. Ontological Assumptions<br />

Ontology refers to the assumptions made about the phenomena under investigation (Iivari<br />

1991) and the nature <strong>of</strong> reality (Morgan and Smircich 1980). The subjective ontology views<br />

reality as a social construction (Hirschheim and Klein 1989); the social world is a pattern <strong>of</strong><br />

symbolic relationships and meanings sustained through a process <strong>of</strong> human action and<br />

interaction (Morgan and Smircich 1980). With a subjective view, researchers seek to<br />

understand “what people do to create their worlds and how they make sense <strong>of</strong> them<br />

(McMurray, Pace and Scott 2004:10).<br />

In this research the nature <strong>of</strong> reality <strong>of</strong> the online music phenomena can be understood<br />

through the following objects and chosen perspectives:<br />

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View <strong>of</strong><br />

information/data<br />

View <strong>of</strong><br />

information/data<br />

system<br />

View <strong>of</strong> human<br />

beings<br />

Constitutive meanings (rather than descriptive)<br />

A subjective reality consists <strong>of</strong> subjective meanings and thereby<br />

constructs reality (Iivari 1991)<br />

Social system (rather than technical system), institutional view<br />

The view that systems are primarily social, but technically<br />

implemented (Goldkuhl and Lyytinen 1982).<br />

Voluntarism (rather than technological determinism)<br />

The subjective view places human beings in a proactive role (Iivari<br />

1991) in that they can determine their own participation.<br />

View <strong>of</strong> technology Human choice (rather than determinism)<br />

View <strong>of</strong> organisations<br />

and society<br />

Table 1 Ontological Assumptions<br />

Technology is flexible, possibly controlled by humans who are<br />

responsible for its development and consequences (Iivari 1991)<br />

Nominalism (rather than realism)<br />

Socially constructed systems (Iivari, Hirschheim and Klein 1998),<br />

“the social world external to individual cognition is made <strong>of</strong> nothing<br />

more than names, concepts and labels which are used to structure<br />

reality” (Iivari 1991)<br />

3.1.4. Epistemological Assumptions<br />

The interaction between ontology and epistemology is said to be very complex and is<br />

typically not made explicit (Iivari et al. 1998). Epistemology is concerned with ‘what is<br />

human knowledge and how it can be acquired’ (Iivari et al. 1998) and the limits <strong>of</strong> that<br />

knowledge (Iivari 1991). An anti-positivist epistemological assumption is taken in this<br />

research, which maintains, “the social world can only be understood from the point <strong>of</strong> view <strong>of</strong><br />

the individuals who are directly involved in the activities to be studied” (Burrell and Morgan<br />

1979). According to Burrell and Morgan’s (1979) classification, this research will is a<br />

subjective approach to understand the patterns <strong>of</strong> symbolic discourse (Morgan and Smircich<br />

1980). This assumption maintains that “one can only ‘understand’ by occupying the frame <strong>of</strong><br />

reference <strong>of</strong> the participant in action“ (Iivari et al. 1998) and assumes the researcher is a<br />

participator in the action <strong>of</strong> the scenario (discussed further in section 3.2 research methods).<br />

It is expected that the findings <strong>of</strong> this research will not be universally generalisable, however<br />

they will provide ‘thick’ descriptions <strong>of</strong> how people use online music (Geertz 1973) (see<br />

section 3.2 for the methods). These descriptions and interpretations <strong>of</strong> the ‘download culture’<br />

will contribute insightful knowledge about the nature <strong>of</strong> the social world (Iivari 1991). Such<br />

knowledge is seen as being relative and specific to the immediate context and situation from<br />

which it is generated (Morgan and Smircich 1980).<br />

Neuman (1997) suggests the interpretive approach notes that human action alone has little<br />

inherent meaning. Pliskin et al. (1993) states that the purpose <strong>of</strong> the interpretive approach is to<br />

understand how culture is represented. “The specific meaning the approach expresses depends<br />

on the cultural meaning system that the social actors share” (Neuman, 1997). The interpretive<br />

approach has been associated with the symbolic interactionist approach (Neuman 1997),<br />

which is a qualitative method and is a useful reference for this research. Communication is<br />

symbolic because we communicate through language and other symbols and in<br />

communicating, we create significant symbols (Schwandt 1997:149).<br />

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3.1.5. Methodological Assumptions<br />

<strong>Research</strong> methodology in this context refers to the procedures used to acquire knowledge<br />

about IS development approaches and related IS development methods and tools (Iivari et al.<br />

1998). Burrell and Morgan first identified the two extremes <strong>of</strong> nomothetic and ideographic<br />

research methods, then Iivari (1991) added the constructive category. The nomothetic<br />

approach emphasises systematic protocol and technique as a basis for research, the<br />

ideographic approach has the view that “one can only understand the social world by<br />

obtaining first-hand knowledge <strong>of</strong> the subject under investigation” (Jarvinen 2001:9). Iivari’s<br />

additional constructive category takes into account “the special character <strong>of</strong> IS and computer<br />

science” (1991).<br />

Franz and Robey (1984) suggest the use <strong>of</strong> ideographic rather than nomothetic research<br />

strategies to understand a phenomenon in its context. Neuman (1997) argues that the<br />

interpretive approach is ideographic by nature and Iivari et al. (1998) are <strong>of</strong> the belief that<br />

ideographic methods appear most closely associated with the idealist ontological position.<br />

This research will adopt an ideographic methodology. Jarvinen (2001) does not regard<br />

interviews and observations as research methods but as techniques to gather data, suggesting<br />

the same data gathering technique can be used in different methods. Some propose that every<br />

researcher should collect data using one or more method/technique (Benbasat et al. 1987;<br />

Neuman 1997).<br />

3.1.6. Ethical Assumptions<br />

The ethics <strong>of</strong> research are the assumptions about the responsibility <strong>of</strong> a researcher for the<br />

consequences <strong>of</strong> his/her research and its results; specifically, ethical assumptions are<br />

concerned with the roles <strong>of</strong> IS science and the values <strong>of</strong> IS research (Iivari 1991). Adapting<br />

Chua’s work (1986:615), Iivari distinguishes three roles <strong>of</strong> IS science: means-end oriented,<br />

interpretive and critical. Chua (1986:615) suggests the interpretive scientist enriches people’s<br />

understanding <strong>of</strong> their action <strong>of</strong> “how social order is produced and reproduced” (p615). Iivari<br />

et al. (1998) suggest that the basic values <strong>of</strong> research should be expressed as explicitly as<br />

possible.<br />

With regard to IS research values, anti-positivists deny the possibility <strong>of</strong> value free research<br />

(Iivari et al. 1998). The main ethical concerns in this research are privacy and confidentiality.<br />

The ethical issues are discussed further in section 3.2.2.<br />

3.2. RESEARCH METHODS<br />

There has been a growth in the use <strong>of</strong> non-traditional research methods, away from<br />

conventional forms (McMurray et al. 2004:187). <strong>Research</strong> falls into two camps at its basic<br />

level; that <strong>of</strong> qualitative and quantitative. Qualitative refers to measuring the quality <strong>of</strong> the<br />

subject under investigation, with quantitative being more focused on measuring quantities.<br />

Qualitative research is an approach to research rather than a set <strong>of</strong> techniques (Morgan and<br />

Smircich 1980) and will be used in this research to investigate the online music phenomena.<br />

Within the range <strong>of</strong> suitable qualitative methods which are appropriate for interpretive<br />

research (Myers 1999), ethnography has been selected as the main data collection approach.<br />

Ethnography is a methodology with a long history, and it touts particular usefulness for this<br />

project as it emphasises meanings, details, understanding and openness (Shoib et al. 2006),<br />

and it stresses the centrality <strong>of</strong> culture as the analytical concept that informs the study<br />

(Schwandt 1997:44).<br />

Ethnography is a multi-data approach compatible with the social construction view <strong>of</strong> society<br />

and technology. This view stems from the social constructivist perspective, which holds that<br />

“knowledge <strong>of</strong> the world is not a simple reflection <strong>of</strong> what is there, but a set <strong>of</strong> social<br />

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artefacts; a reflection <strong>of</strong> what we make is there” (Schwandt 1997:20). Although this study is<br />

not a full ethnography (discussed further below), it is in spirit. And taking the view <strong>of</strong> the<br />

constructors <strong>of</strong> this meaning in this study, this interpretive epistemology rooted in a<br />

subjective ontology (Latour, B. 1993), fits with the research assumptions, interest in multiple<br />

perspectives, context, social process, and everyday life (Schwandt 1994).<br />

3.2.1. Ethnographic Methods<br />

This study is not a full ethnography however it will make use <strong>of</strong> ethnographic methods to<br />

collect the data. As mentioned above, this is an ethnography in spirit because it is<br />

investigating culture, and the researcher is immersed in the research setting, however it cannot<br />

completely be considered an ethnography because the use <strong>of</strong> participant observation in<br />

ethnographies focuses on a context-specific group <strong>of</strong> participants and this research is based on<br />

two groups <strong>of</strong> participants. Because <strong>of</strong> ethical reasons and the (il)legality <strong>of</strong> the contexts<br />

being studied, participant observation is not an option (see section 3.2.1.1 for more discussion<br />

<strong>of</strong> non-participant observation). The activities occurring in four communities will be observed<br />

in the online community space, and participants will be sought to participate in the focus<br />

groups and interviews. These participants may or may not be members <strong>of</strong> the studied online<br />

communities, thus the data collected from them is not context-specific. However in essence,<br />

this is an ethnographic study and although it can’t be labeled as such, ethnographic methods<br />

will be used to gather the data; these are methods that are tried and tested approaches to data<br />

collection in a traditional ethnography.<br />

This research is also not considered a virtual ethnography, as the observation <strong>of</strong> online<br />

communities is the only data that will be collected online. All interactions with participants<br />

will be done face-to-face in interviews and focus groups; and there will be no online<br />

interactions with the non-participant observations. This research is a qualitative interpretive<br />

study using ethnographic methods to study the use <strong>of</strong> online music.<br />

Within the ethnographic approach, the interview is the ethnographers most important data<br />

gathering technique (Fetterman 1998:37) and it will be used to its fullest in this research to<br />

enact a “conversation between interviewer and respondent with the purpose <strong>of</strong> eliciting<br />

certain information from the respondent(s)” (Jarvinen 2001:130): music users, music artists,<br />

record labels, license providers and distributors, music industry associations, legal<br />

representatives and media journalists, consumer groups and law enforcement (see section<br />

3.2.2 for more information). Interviews explain and put into a larger context what the<br />

ethnographer sees and experiences (Fetterman 1998:37).<br />

Direct observation may be more reliable than what people say in many instances (Jarvinen<br />

2001:137). Using observations as a research method can be fruitful (Jick 1979), particularly in<br />

a study <strong>of</strong> culture, where observations <strong>of</strong> manifestations such as artifacts and behaviours can<br />

be used as sources <strong>of</strong> data to “triangulate” with information obtained about cognitive<br />

components (Sackmann 1992). A way to understand culture through observations is for the<br />

researcher to interpret signs to gain their meaning within the culture itself (Geertz 1973).<br />

Using these two methods qualitatively as primary tools for data collection will enable the<br />

creation <strong>of</strong> ‘thick descriptions’ (Geertz 1973) <strong>of</strong> the ‘download culture’. These methods are<br />

complemented by other methods generally used in ethnographic studies; particularly focus<br />

groups, key events, maps, document analysis, and triangulation.<br />

There will be a pilot phase to each <strong>of</strong> the data collection methods. This will enable feedback<br />

and changes to the interview, focus group and observation tools prior to using them for the<br />

full study. Any problems, ambiguities or clarity issues will be identified during the pilot<br />

phases.<br />

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3.2.1.1. Non-participant Observations<br />

Observation is a flexible technique, and complements most other data gathering techniques<br />

(McMurray et al. 2004:188). Four online communities will be observed for 90 days each, with<br />

one <strong>of</strong> them being part <strong>of</strong> a pilot study for 30 days prior. The purpose <strong>of</strong> observations in this<br />

research is to understand the types <strong>of</strong> content being downloaded, the frequency, the language<br />

used and other relevant aspects <strong>of</strong> the community environment. It is regular practice for<br />

members <strong>of</strong> an online community to use a ‘screen name’ or pseudonym to identify<br />

themselves; thus as a researcher I will have no access to the ‘real’ identity <strong>of</strong> the participants<br />

(participants are not be able to be identified – discussed further in section 3.3).<br />

In order to observe, I have joined as a member <strong>of</strong> each <strong>of</strong> the public communities however for<br />

ethical reasons (discussed further in section 3.2.2), I will not be participating in any<br />

community activities. The public Internet communities chosen for this study are well<br />

established and highly populated, so regular and continued access should continue<br />

uninterrupted throughout the research period. After the pilot phase <strong>of</strong> 30 days, the music<br />

activities in all four communities will be monitored and recorded (in a spreadsheet) over a 12week<br />

period. Happening in the first half <strong>of</strong> 2007, this length <strong>of</strong> time will be enough time to<br />

see the quality <strong>of</strong> the experience (McMurray et al. 2004:188).<br />

The online communities will be revisited in the final stage <strong>of</strong> data collection. This is to allow<br />

a comparison <strong>of</strong> the community activities at two different points in time (first half <strong>of</strong> 2007<br />

and first half <strong>of</strong> 2008). This will highlight any major changes in activities, frequencies,<br />

language used and any other relevant community aspects over that year period. As this is an<br />

industry sector that is changing very quickly, this will provide insight into the changes that<br />

are occurring in a short space <strong>of</strong> time.<br />

Rutter and Smith (2005) discuss the ethics <strong>of</strong> online discourse and the researchers<br />

responsibility to those creating it. They argue, “just because talk takes place in public it does<br />

not mean that that talk is public”. They believe even though those involved have recognition<br />

that their words and actions are viewable by others, this does not mean that the discourse is<br />

necessarily ethically available to online researchers. And Jarvinen warns <strong>of</strong> the danger <strong>of</strong><br />

“lies, deceptions, evasions, conjectures”, which could be presented by the participants, in both<br />

the online environment and the <strong>of</strong>fline space. The possibility <strong>of</strong> talking or be seen to be<br />

engaging in illegal practices may also encourage participant to give false and misleading<br />

information. Jarvinen (2001) comments, “this information is exceedingly valuable to the<br />

fieldworker when it is recognized as false” (p84)<br />

Marx (1998) encourages the application <strong>of</strong> traditional ethical research practice to the virtual<br />

arena promoting the basic rights to respect, dignity and privacy <strong>of</strong> contributors however the<br />

ethics <strong>of</strong> covert non-participant observation through the Internet has been debated vigorously<br />

since the mid-1990s and continues to be an unsolved issue for researchers (Sanders 2005:71).<br />

Sanders (in line with Rutter and Smith (2005)) argues that even though “the web is a public<br />

domain and those who post information realize that it is not private in the traditional sense <strong>of</strong><br />

a personal conversation but accessible for anyone to read”, non-participatory observation as a<br />

method to understand social interactions may not be as ethically controversial as actually<br />

taking data (that is, quotations) from computer-mediated communications without permission<br />

<strong>of</strong> the individual.<br />

To treat the online observation data sensitively in this research, only data about traffic, rules<br />

and types <strong>of</strong> users will be recorded about the online communities. Individual online forum<br />

posts will not be collected or analysed. In line with Sanders’ approach where “no information<br />

can be personally identified” (2005), using online observation data for research without direct<br />

permission meets Marx’s (1998) criteria <strong>of</strong> protecting individuals from harm.<br />

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3.2.1.2. Interviews<br />

Avison, Fitzgerald and Powell (2001) refer to interviews as in-depth surveys that attempt to<br />

obtain in-depth evidence from a relatively small number <strong>of</strong> informants. They advocate that<br />

such an approach allows the researcher “to seek new insights” so that the phenomena can be<br />

explored whilst gathering explanatory and descriptive material (Avison et al. 2001).<br />

Jarvinen (2001:131) (p131) distinguishes between opposing extremes <strong>of</strong> structured interviews<br />

and informalised interviews. This research will use an approach in the middle <strong>of</strong> these<br />

extremes, that <strong>of</strong> semi-structured interviews which serve as comparative and representative<br />

purposes, comparing responses and putting them in the context <strong>of</strong> common group beliefs and<br />

themes (Fetterman 1998:38) (p38). Open-ended interview questions are exploratory and allow<br />

participants to interpret them (Fetterman 1998:44) (p44), and will be used as opposed to<br />

close-ended questions which are more confirmatory. See Appendix C for the interview guide<br />

for music users. This guide has been used in the pilot study and is being revised based on<br />

what worked and what didn’t.<br />

It has been stressed (Fetterman 1998:40) (p40) that planning and executing properly placed<br />

questions while maintaining a flexible format is the essence <strong>of</strong> good ethnography. Bell (1993<br />

p99 in Jarvinen 2001, p131) provides a detailed interview checklist to use when preparing for<br />

the interview process. Regardless <strong>of</strong> how prepared you may be, creating a positive interview<br />

experience for the participant can be a challenge when trying to ensure the quality <strong>of</strong> the data<br />

and maintain the participant’s right to privacy (Fetterman 1998:40) (p40) (discussed more in<br />

section 3.2.2).<br />

The interviews are conducted in phase 2 and 3 <strong>of</strong> the research (see the research schedule in<br />

section 4.1). Music users, music artists and a range <strong>of</strong> industry stakeholders such as<br />

representatives from the record labels, media, law enforcement will be asked to give their<br />

opinions on online music in interviews. All participants will be assigned a pseudonym.<br />

Music users: Students make up the sample <strong>of</strong> music users to be interviewed (justification for<br />

this is outlined in section 3.3.2). The interviews <strong>of</strong> music users will include both Australian<br />

and German participants; the German student was included to add richness to the dataset, not<br />

for a comparison. The pilot phase <strong>of</strong> interviews with music users consists <strong>of</strong> one interview in<br />

Germany (complete) and two interviews in Australia. There will be 30 exploratory interviews<br />

with music users in phase 2 (see section 4.1 for the research timeline). The German interview<br />

was used as a pilot interview, to test the interview questions and to gain some insight into the<br />

music culture <strong>of</strong> another country.<br />

The student participants come from a range <strong>of</strong> age groups and disciplines (undergraduate or<br />

postgraduate degree) in the student population. People who do download music over the<br />

Internet and some who don’t will be included in the study to serve as reference point. Those<br />

who don’t will share why they don’t engage in online music giving further insight to the<br />

motivations <strong>of</strong> downloading and sharing music. They will be asked to volunteer to participate<br />

in the interviews and no reward will be <strong>of</strong>fered for their participation.<br />

Each interview with music users will occur at Griffith University or in the local Brisbane<br />

area. The German interview has already taken place at the Fachhochschule Hanover -<br />

University <strong>of</strong> Applied Sciences and Arts in Hanover, Germany in February 2007. I was<br />

teaching an unrelated course and took the opportunity to talk to local students.<br />

The interviews are and will continue to be open-ended and semi-structured, and between 30<br />

and 90 minutes long. They will be digitally recorded with the participants’ permission; each<br />

participant will complete a consent form to indicate this. The interviews will be conducted in<br />

person without any reference as to the actual identity <strong>of</strong> the participant. This was a<br />

requirement <strong>of</strong> gaining ethical approval for this research. How the participants are sampled<br />

and sourced is discussed in section 3.3.2. There are important ethical considerations that must<br />

© Jenine Beekhuyzen Page 28 <strong>of</strong> 58


e addressed when arranging the interviews. These methods <strong>of</strong> contact used will ensure<br />

participants anonymity to the researcher. The interviews will later be transcribed for analysis<br />

and pseudonyms will be the only reference to the participants’ identity.<br />

Industry stakeholders: Representatives from the record labels, media and law enforcement<br />

will make up the participants in these interviews. There will be 10 interviews conducted from<br />

across these industries to give a pr<strong>of</strong>essional and legal perspective on the issues <strong>of</strong> online<br />

music. The pilot phase <strong>of</strong> the interviews <strong>of</strong> music stakeholders will consist <strong>of</strong> two interviews<br />

in Australia. The participants come from a range <strong>of</strong> industries and may be located in other<br />

states <strong>of</strong> Australia. How they will be sourced is discussed in section 3.3.2. I intend to travel to<br />

meet and interview those that are deemed suitable, based on their current position,<br />

background experience (if available) and their willingness to participate in this research void<br />

<strong>of</strong> any incentive.<br />

Industry stakeholders will be asked their views on the current online music phenomena, and<br />

where they see digital online music going in the future. Depending on their role, they will be<br />

asked questions around their expertise. This suggests that the interviews will more flexible in<br />

structure than the interviews with music users.<br />

The interviews are and will continue to be open-ended and semi-structured, and will last for<br />

30 to 90 minutes. They will be digitally recorded with the participants’ permission; each<br />

participant will complete a consent form to indicate this. The interviews will be conducted in<br />

person without any reference as to the actual identity <strong>of</strong> the participant. The interviews will<br />

later be transcribed for analysis and pseudonyms will be the only reference to the participants’<br />

identity.<br />

Music artists: For this research, 10 music artists will be interviewed. Music artists are not<br />

included in the pilot phase <strong>of</strong> the interview. The music artists to be interviewed will be from<br />

across the spectrum <strong>of</strong> those that are established in the industry and those that are considered<br />

new artists. As Brisbane has a good representation <strong>of</strong> Australian artists from across this<br />

spectrum, it is anticipated that most if not all music artists can be sourced locally. However if<br />

the music artists are located in other parts <strong>of</strong> Australia, I intend to travel to meet and interview<br />

those that are deemed suitable, providing they are willing to participate in this research<br />

without receiving any incentive. How they will be sourced is discussed in section 3.3.2.<br />

Music artists will be asked their views on the current online music phenomena, and where<br />

they see digital online music going in the future. They will be asked about their own personal<br />

experiences in the online space, and the issues associated with being a musician in this online<br />

environment. This suggests that the interviews and their structure will be similar to those <strong>of</strong><br />

the industry stakeholders; more flexible in structure than the interviews with music users.<br />

The interviews are and will continue to be open-ended and semi-structured, and will last for<br />

30 to 90 minutes. They will be digitally recorded with the participants’ permission; each<br />

participant will complete a consent form to indicate this. The interviews will be conducted in<br />

person without any reference as to the actual identity <strong>of</strong> the participant. The interviews will<br />

later be transcribed for analysis and pseudonyms will be the only reference to the participants’<br />

identity.<br />

3.2.1.3. Focus Groups<br />

Focus groups can be useful in helping to explore, define and generate ideas (McMurray et al.<br />

2004:203). The aim <strong>of</strong> the focus groups in this research is to encourage some group<br />

discussions talking about the issues <strong>of</strong> online music (see appendix B for the focus group<br />

questions). These discussions will help to shape the interview questions. The focus groups are<br />

conducted in phase 2 <strong>of</strong> the research (see the research schedule in section 4.1). Music users<br />

will be asked to give their opinions on online music in focus groups, as a group <strong>of</strong> 6-10<br />

© Jenine Beekhuyzen Page 29 <strong>of</strong> 58


participants. All participants will be assigned a pseudonym.<br />

Students make up the sample <strong>of</strong> music users participating in the focus groups (justification for<br />

this is outlined in section 3.3.2). The pilot phase <strong>of</strong> focus groups with music users consists <strong>of</strong><br />

two focus groups <strong>of</strong> four users in Germany (complete). Following this, 6 focus groups will be<br />

run with 6-10 users in Australia. The focus groups <strong>of</strong> music users will include both Australian<br />

and German participants; the German groups were included to add richness to the dataset, not<br />

for a comparison. The German focus groups were used as a pilot, to test the focus groups<br />

questions and add to the descriptions given in the pilot interview, thus gaining some insight<br />

into the music culture <strong>of</strong> another country.<br />

The student participants in the focus groups come from a similar sample as the interviews<br />

with students; from a range <strong>of</strong> age groups and disciplines (undergraduate or postgraduate<br />

degree) in the student population. People who do download music over the Internet and some<br />

who don’t will be included in the study to serve as reference point. As with the interviews,<br />

those who don’t will share why they don’t engage in online music giving further insight to the<br />

motivations <strong>of</strong> downloading and sharing music. They will be asked to volunteer to participate<br />

in the focus groups and no reward will be <strong>of</strong>fered for their participation.<br />

The participants for the focus groups will be sourced in the same way as in the interviews<br />

(discussed in section 3.3). Each focus group with music users in the main study will occur at<br />

Griffith University or in the local Brisbane area. The pilot German focus groups have already<br />

taken place at the Fachhochschule Hanover - University <strong>of</strong> Applied Sciences and Arts in<br />

Hanover, Germany in February 2007. I was teaching an unrelated course and took the<br />

opportunity to talk to local students.<br />

The focus groups are semi-structured, guided by some brief questions, and will last between<br />

30 and 90 minutes depending upon the interaction between participants within the group.<br />

They will be digitally recorded with the participants’ permission; each participant will<br />

complete a consent form to indicate this. The focus groups will be conducted in person<br />

without any reference as to the actual identity <strong>of</strong> the participant. How the participants are<br />

sampled and sourced is discussed in section 3.3.2. There are important ethical considerations<br />

that must be addressed when arranging the focus groups (see section 3.2.2). These methods <strong>of</strong><br />

contact used will ensure participants anonymity to the researcher. The focus groups will later<br />

be transcribed for analysis and pseudonyms will be the only reference to the participants’<br />

identity.<br />

The focus group question guide for music users can be found in Appendix B. It will be<br />

slightly modified for future focus groups based on the responses and time taken to respond to<br />

questions in the pilot study.<br />

3.2.1.4. Key Events<br />

One important consideration in this research is its novelty. Online music, social networking<br />

communities (such as MySpace), corporate partnerships, music copyright cases and various<br />

legal proceedings are in the technology news almost on a daily basis. One challenge this<br />

research poses is to include the key events that are taking place in the wider music and<br />

Internet community and also to draw on key events in the recent history (Fetterman 1998:98).<br />

This has become a rapidly changing industry and it is important to acknowledge this in the<br />

wider context <strong>of</strong> the research. To do this, events reported in various news sources are being<br />

regularly recorded as part <strong>of</strong> the literature review and will be analysed within this wider<br />

context.<br />

3.2.1.5. Maps<br />

Maps are a useful tool to identify the stakeholders in the research setting (Fetterman 1998:98).<br />

In using maps with actor-network theory (see section 3.4), it is possible to identify the many<br />

© Jenine Beekhuyzen Page 30 <strong>of</strong> 58


actors (stakeholders that are human and non-human), and their complex relationships as they<br />

exist. This is not a conceptual mapping, but rather a map <strong>of</strong> the research setting and problem<br />

situation. The diagram illustrated in Appendix E gives a reasonably clear picture <strong>of</strong> the messy<br />

situation under investigation. This map has been through much iteration already in this<br />

research, and it is anticipated it will go through much more.<br />

3.2.1.6. Document Analysis<br />

The community news, user information, file listings and other documents from the<br />

communities will form the documentary analysis aspect <strong>of</strong> this case. They will be used to<br />

support and help understand the download information, the current activities, the language,<br />

and cultural and political nature <strong>of</strong> the communities under investigation. Industry reports will<br />

also be used to inform the problem being studied.<br />

3.2.1.7. Triangulation<br />

Triangulation is based in ethnographic research and is at the heart <strong>of</strong> ethnographic validity<br />

(Fetterman 1998:93). Triangulation refers to the “use <strong>of</strong> several different research techniques<br />

in a study to confirm and verify data gathered in different ways” (McMurray et al. 2004:263).<br />

Jick argues that the “effectiveness <strong>of</strong> triangulation rests on the premise that the weaknesses in<br />

each single method will be compensated by the counter-balancing strengths <strong>of</strong> another; it<br />

purports to exploit the assets and neutralise the liabilities” (1979).<br />

Although the term has scientific roots, it is also a useful way for an ethnographer to ”compare<br />

information sources to test the quality <strong>of</strong> the information (and the person sharing it), to<br />

understand more completely the part an actor plays in the social drama and ultimately to put<br />

the whole situation into perspective” (Fetterman 1998:93). As this research is employing<br />

multiple methods <strong>of</strong> data collection, it will be useful to use triangulation to compare the<br />

various sources for validity and consistency. Triangulation will be used as a technique<br />

between methods to validate the interview and observation data collected.<br />

3.2.2. Ethical Considerations<br />

The ethics approval process was very useful for the development <strong>of</strong> the methodology for this<br />

research. Because <strong>of</strong> collecting sensitive data (possibly about illegal activities) from my<br />

participants, I had to be very clear in how I would treat my participants’ personal information.<br />

It is important that no identifying information is kept about participants, either in hard copy or<br />

electronic form. This does pose some challenges for contacting potential participants (as<br />

email is not an option for contact) and also for following up with participants for clarification<br />

<strong>of</strong> interview or focus group data, however it was important to find solutions to these issues.<br />

The means to identify and contact participants is discussed further in section 3.3.2.<br />

3.2.3. Literature and data analysis with Nvivo<br />

Qualitative researchers have asked: why bother to use s<strong>of</strong>tware for qualitative data analysis?<br />

(Barry 1998) Even though these concerns are somewhat outdated, it is important to discuss<br />

them and how they relate to this research.<br />

A qualitative research s<strong>of</strong>tware tool is being used to help with analysis <strong>of</strong> the literature and<br />

the data collected. Nvivo (and its predecessors) and its competitors (Atlas, Leximancer etc)<br />

has been used for all types <strong>of</strong> research across disciplines. Traditionally it has been used<br />

mostly for data collected in the field (Caldeira and Ward 2003; Bhattacharyya 2004;<br />

Patashnick and Rich 2004) but now it is being used more regularly for reviewing literature<br />

(Bandara 2006) (except for the notable paper from di Gregorio (2000)). Some papers on how<br />

to use the s<strong>of</strong>tware for research have been published, and are useful in providing advice to<br />

researchers (Dean and Sharp 2006; Woods and Wickam 2006).<br />

© Jenine Beekhuyzen Page 31 <strong>of</strong> 58


I have been using Nvivo (and its predecessors) for seven years in different projects. It is a<br />

useful tool for coding text and for supporting theory generation through identifying patterns<br />

(Fetterman 1998:82&96). I have found it to be a good project management tool for organising<br />

nearly all aspects <strong>of</strong> my <strong>PhD</strong> research project and I find it easy to analogise how I would<br />

manage the research project without technology. However, the s<strong>of</strong>tware allows me to manage<br />

documents such as research papers and interview transcripts, and also manage links to<br />

external sources such as websites, books and audio-recordings. It is limited in its platform<br />

dependency (on Windows) and its occasional instability (service packs are released regularly),<br />

however the benefits are not outweighed. Having literature research and empirical research in<br />

the one accessible place has its advantages: direct links between the literature and the<br />

empirical data can be identified and substantiated.<br />

3.3. RESEARCH SETTING<br />

This research is situated around people’s online music activities. These activities will occur in<br />

the online space and <strong>of</strong>fline also. They are intertwined and one cannot be considered without<br />

the other. As mentioned in section 3.2.1, this research will include observations <strong>of</strong> four online<br />

communities. Participants in the observations will be members <strong>of</strong> four identified online<br />

communities (discussed in section 3.3.1.) The real identities and demographics <strong>of</strong> these<br />

participants are unknown to the researcher (and other members <strong>of</strong> the community). The only<br />

way they are personally identifiable on the communities is through a nickname or pseudonym<br />

to represent themselves so their real identity is not disclosed.<br />

In this research, online community members will be given a further pseudonym to be sure that<br />

their identity is concealed. Consistent with Paccagnella (1997) and Rutter and Smith (2005), I<br />

believe it is important to “change not only the real names, but also aliases or pseudonyms<br />

(which) proves the respect <strong>of</strong> the researchers for the social reality <strong>of</strong> cyberspace”. This is to<br />

be done when recording the first <strong>of</strong> any data from the online communities. Any revealed<br />

demographic-type information reported in this research will come from details about their<br />

frequency <strong>of</strong> participation in the community, their status and/or ranking, their share ratios and<br />

anything else that identifies them as part <strong>of</strong> the network.<br />

Participants in the interviews and focus groups are university students and may or may not be<br />

part <strong>of</strong> the online communities being studied. No connection is assumed although it is<br />

predicted that at least some users are or have been part <strong>of</strong> the online communities studied, as<br />

some <strong>of</strong> the communities are very large (eg MySpace and iTunes). Students were chosen as<br />

the focus as they are easily accessible to the researcher, and they present an interesting and<br />

diverse group for the study <strong>of</strong> online behaviour. Although students do not represent the entire<br />

consumer segment, they account for a considerable proportion <strong>of</strong> all consumers <strong>of</strong> music<br />

products and are part <strong>of</strong> a consumer group in which copying and sharing <strong>of</strong> digital content is<br />

prevalent (Remington 2006). Students are part <strong>of</strong> the group which has been identified as being<br />

more prone to copyright violations and piracy (Fetscherin 2005). Volunteer sampling will be<br />

used to gain access to participants, Jupp (2006:322) argues that this type <strong>of</strong> sampling is<br />

especially useful in sensitive research when it is necessary to rely on those who are willing to<br />

answer requests to provide data.<br />

3.3.1. Online Communities<br />

Phase 1 and 4 will explore the activities within online music communities. Four diverse<br />

online music communities are included in the non-participant observations in order to provide<br />

information on music downloading activities across the digital delivery services spectrum (as<br />

shown in Appendix E). The activities within each online community will be observed as will<br />

any publicly viewed communications posted in the community, except the community forums<br />

(these are not being observed because the observation is covert – discussed more in section<br />

© Jenine Beekhuyzen Page 32 <strong>of</strong> 58


3.2.1.1). Additionally, these particular communities were chosen because the content within<br />

each <strong>of</strong> them has varying levels <strong>of</strong> DRM. These are represented in the diagram in appendix E.<br />

All four communities are free to join. Three <strong>of</strong> the communities are completely public and can<br />

be joined by anyone, with the fourth community being accessible by invitation only (I have<br />

received an invitation to join). All four communities are moderated by a third party thus<br />

participants must abide by agreed set rules to continue to participate. All communities will be<br />

accessed from a single computer which at all times will be located (and thus connecting to the<br />

communities from) outside <strong>of</strong> the university network. This particular computer will be cleared<br />

by re-formatting at the end <strong>of</strong> the data collection to ensure all data concerning the<br />

communities and participants are not available should it be requested that I provide it at a later<br />

date. This was an ethical concern <strong>of</strong> the university in getting clearance, and will form part <strong>of</strong><br />

the research protocol for this study.<br />

Community 1 is A1. A1 is an invitation only semi-public community that specialises in<br />

making available the latest possible online content for download. A1 was chosen as it is a<br />

local network <strong>of</strong> around 1200 people in Australia using BitTorrent peer-to-peer technology to<br />

download and share content. The content is free and not stored on the site, rather torrents<br />

(information files) are uploaded to the site by a limited number <strong>of</strong> users, these are then<br />

downloaded by other users who can use free third party s<strong>of</strong>tware to download/share music at<br />

any time. There is no DRM technology used at all on the community.<br />

Community 2 is MySpace. MySpace is a public, open-access social networking<br />

site/community consisting <strong>of</strong> an interactive, user-submitted network <strong>of</strong> friends, personal<br />

pr<strong>of</strong>iles, blogs, groups, photos, music and videos (Wikipedia 2/1/07). MySpace was chosen as<br />

it represents a fully public global community with free content available for download<br />

(anyone can join and access available music). Independent bands that have not signed with a<br />

record label sell their music on the site. According to MySpace, there are nearly three million<br />

bands showcasing their music. The bands will decide how much to charge for each song after<br />

accounting for MySpace’s distribution fee. Snocap provides digital licensing and copyright<br />

management services and was started by the founder <strong>of</strong> Napster, Shawn Fanning. EMI, the<br />

Universal Music Group, the Warner Music Group and Sony BMG own about 75 percent <strong>of</strong><br />

mainstream popular music. Most <strong>of</strong> this music is available only on MySpace for live<br />

streaming as a promotion, not for sale. Once on a page that has music, it plays automatically.<br />

In strong support <strong>of</strong> artists’ rights, only artists who own the rights to their content can upload<br />

it. MySpace claim that if you upload songs you do not own, you account will be deleted.<br />

MySpace has recently adopted DRM technology to ensure that users do not upload<br />

copyrighted music to their MySpace page. They use Acoustic Fingerprinting (from<br />

Gracenote) DRM technology. At present, mySpace does not have direct links with record<br />

labels to distribute content through their site. MySpace is owned by Rupert Murdoch who<br />

owns Fox Network. He recently bought the site for ~US$60 million.<br />

Community 3 is iTunes. The iTunes Store is the most successful online music store with<br />

millions <strong>of</strong> downloads for US0.99c or AUD$1.69. iTunes was chosen for this study as it is<br />

more than just an online store on a website, access to the iTunes music store is explicitly<br />

connected to the iTunes s<strong>of</strong>tware on your computer, and users are encouraged to shift their<br />

downloaded content to their iPods. The iTunes Music Store (which enables sharing) is<br />

country specific (you can only download from the store in the country where you live) and<br />

each country’s store has different content (including local content). Apple Computer’s iTunes<br />

allows users to preview a 30 second snippet <strong>of</strong> any song and uses FairPlay’s DRM technology<br />

(built into QuickTime’s multimedia technology) to digitally encrypt AAC audio files. The<br />

DRM prevents users from playing these files on "unauthorized" computers. Some restrictions<br />

are also placed on users as to how many times the song can be copied and space-shifted.<br />

Community 4 is Magnatune. Magnatune was chosen for this study as it is the first ‘Internet-<br />

© Jenine Beekhuyzen Page 33 <strong>of</strong> 58


era record label’, and they use a shareware type model to allow users to “try before you buy”.<br />

Magnatune signs artists directly and streams the music to your computer like a radio. They<br />

provide dynamic pricing (pricing changing on demand) for content and ‘suggest’ a cost price<br />

to the user to download (to play and burn later). They say their average return on a song is<br />

more than the suggested price. Unlike most record labels, artists keep half <strong>of</strong> every purchase<br />

and they keep all <strong>of</strong> the rights to their music. They have embraced open source technology<br />

and creative commons licensing (discussed in section 2.1) and create a community by<br />

allowing users to remix, change and share music content. Magnatune has no major record<br />

label connections and they are proud <strong>of</strong> using no DRM technology. Their slogan is “we are<br />

not evil”.<br />

3.3.2. Individual Participants<br />

One group <strong>of</strong> participants in the research are students. Their participation in the interviews<br />

and focus groups is based on their willingness to volunteer to take part in the research. The<br />

interviews and focus groups have the specific purpose <strong>of</strong> eliciting information from them<br />

about their online music activities. In sourcing the students, volunteer sampling (Jupp<br />

2006:322) will be used. This form <strong>of</strong> case selection is purposive rather than based on the<br />

principles <strong>of</strong> random or probability sampling and useful in situations where these other<br />

approaches are not appropriate (Jupp 2006:322).<br />

Students will be sourced through physical (on campus) notices on message boards and in<br />

lectures, and through electronic (hosted <strong>of</strong>f campus) notices on bulletin boards and blogs. I<br />

will also seek to contact the participants through notices in newsletters and websites in the<br />

local university and community. When sourcing interview participants, details <strong>of</strong> the meeting<br />

time and place will be included in the public ‘advertised’ notices. To take part in the study,<br />

participants will meet the researcher at the advertised public location, then they will go on to<br />

the interview/focus group room. These details will be provided to participants with three<br />

weeks <strong>of</strong> notice, thus allowing them to approach the researcher in an anonymous fashion, and<br />

enabling them to maintain their anonymity.<br />

In sourcing industry stakeholders, I will use my current networks <strong>of</strong> former students and<br />

established networks <strong>of</strong> industry associations to contact possible participants. I will also<br />

contact radio stations, media organisations, legal pr<strong>of</strong>essors and law enforcement groups such<br />

as the ‘computer crime’ department <strong>of</strong> the local police. I will primarily use email for this<br />

process, with phone calls used where necessary. In the first contact, I will outline my project<br />

and the aims <strong>of</strong> the data collection and <strong>of</strong>fer them an opportunity to participate. The aim <strong>of</strong><br />

these interviews is to get some different perspectives about the current state <strong>of</strong> the DRM,<br />

copyright and associated legalities, and the music industry in Australia. I will also ask about<br />

the future <strong>of</strong> DRM and the impact DRM is having on the music industry.<br />

The music artists will be sourced through personal networks and connections to the local<br />

music industry. Youth focused radio stations such as national Triple J and local 4ZZZ will be<br />

contacted to ask for contacts to music artists and bands. I will primarily use email for this<br />

process, with phone calls used where necessary. In the same way as the interviews, the first<br />

contact will be when I outline my project and the aims <strong>of</strong> the data collection and <strong>of</strong>fer them an<br />

opportunity to participate. The aim <strong>of</strong> these interviews is to get an a creators perspective <strong>of</strong><br />

their music within the online context and how they fell about the different modes that their<br />

music is accessed and used. They will also be asked to comment on the current state <strong>of</strong> the<br />

DRM, copyright and the music industry in Australia. I will also ask about the future <strong>of</strong> DRM<br />

and the impact DRM is having on the music industry.<br />

© Jenine Beekhuyzen Page 34 <strong>of</strong> 58


3.4. USE OF ACTOR NETWORK THEORY<br />

This research is investigating the way that people use music. As well as observing actual use<br />

through online communities, people from a range <strong>of</strong> perspectives will be asked about online<br />

music in Australia. As discussed so far, this is a complex problem with many competing<br />

interests at stake. The user perspective is the one <strong>of</strong> most interest here, however others will<br />

provide useful information to help in assessing the online music environment. Consistent with<br />

the assumptions underlying the use social informatics, actor-network theory (ANT) is the<br />

suggested theory to be used for this study because it has the ability to view people and<br />

technology equally in the music network. It is also useful as it helps to identify and discuss<br />

the relationships <strong>of</strong> the many participants in the complex network.<br />

Actor-network theory is an interdisciplinary approach to studying issues <strong>of</strong> technology and<br />

society. It is an established social theory for investigating information systems (Walsham<br />

1997) and social informatics (Walsham and Sahay 1999) research. It is a constructivist theory,<br />

originally developed by two leading French scholars Michel Callon and Bruno Latour, and<br />

British anthropologist John Law (Callon 1986; Latour, Bruno 1999; Law 1999). They argue<br />

that an ANT investigation <strong>of</strong> society and technology is complementary to the socio-technical<br />

perspective discussed by Mumford (1981) and countless others since.<br />

Related to actor-network theory and its role, there has been a long-standing debate in the<br />

information systems literature between technology and organisation (highlighted in a special<br />

issue in the Scandinavian Journal <strong>of</strong> Information Systems 2005): does technology cause<br />

effects in organisations, or is it humans that determine how technology is used? (Rose et al.<br />

2005).<br />

There have been many criticisms <strong>of</strong> ANT; the main argument is against the assumption that<br />

actors can be human or non-human; however this is also the main feature <strong>of</strong> the theory. Other<br />

arguments are against using the same conceptual apparatus to analyse humans and nonhumans<br />

in the heterogenous network (Shoib et al. 2006), and that it treats technological and<br />

social elements as inseparable. Regardless, many information systems studies have used ANT<br />

in their studies, some authors have used the theory to develop theoretical foundations<br />

(Walsham 1997; Latour, Bruno 1999; Rose, Jones and Truex 2005) while others use it to<br />

present their empirical data (Lanzara and Morner 2005; Beekhuyzen and von Hellens 2006;<br />

Shoib et al. 2006). Shoib et al. (2006) believe its usefulness and applicability to practice has<br />

been visited only briefly.<br />

In ANT terms, all contributors to the formation <strong>of</strong> the network are treated in the same way.<br />

Thus "the term actant is symmetrical, it applies indifferently to both humans and nonhumans"<br />

(Latour 1991, p179). ANT differs from other theories in that "technology is an actor<br />

because it has been endowed with the ability to act through its position in the network"<br />

(Holmstrom and Stalder 2001) and here action is defined in the context <strong>of</strong> one particular type<br />

<strong>of</strong> consequence: a role in a socio-technical network and particularly the historical<br />

development <strong>of</strong> those networks (Rose et al. 2005). In technology development, it is<br />

impossible for designers <strong>of</strong> the machines <strong>of</strong> the future to foresee, or in many cases even<br />

understand all the sets <strong>of</strong> conditions that a piece <strong>of</strong> technology will be used under, or the<br />

decisions <strong>of</strong> the humans who supervise and work with them; this implies machine agency.<br />

According to Rose et al. (2005), agency cannot be understood in isolation from the<br />

situational conditions which both make it possible, and frame its subsequent interpretation.<br />

They concur with Giddens (1984) that social structures made up <strong>of</strong> individuals' personal<br />

experiences are important.<br />

Social theories and their assumptions can help researchers to construct a variety <strong>of</strong><br />

worldviews, enabling a focus on the everyday experience (Shoib et al. 2006). Adopting actornetwork<br />

theory as a meta-theory to test, it is possible to represent the online digital music<br />

environment, considering these various worldviews. Actor-network theory provides the tools<br />

© Jenine Beekhuyzen Page 35 <strong>of</strong> 58


to investigate the sensitive balance between the technical and social aspects <strong>of</strong> digital eights<br />

management. This is done by recognising each <strong>of</strong> the actors, as well as clarifying the actions<br />

<strong>of</strong> each <strong>of</strong> those present in the network. ANT also examines the motivations <strong>of</strong> group actors;<br />

Shoib et al. (2006) argue this makes it suitable for high-context, collective environments and<br />

it provides the ability to be specific about the technology (Monteiro and Hanseth 1996). By<br />

investigating these interactions and understanding the motivations and attitudes to music<br />

downloads, it is possible to gain an understanding <strong>of</strong> the unintended consequences <strong>of</strong><br />

technology on the user experience.<br />

Based on Latour’s ‘Rules <strong>of</strong> Method’ (1987), this study follows Shoib et al’s (2006) advice to<br />

adopt a processural approach, avoid determinism, be relationist in our viewpoints, adapt<br />

multiple perspectives, and follow inscriptions and their effects. This can be done by defining<br />

and following the points <strong>of</strong> view, interests and enrolment processes <strong>of</strong> the actors and actants<br />

involved. Consistent with Hanseth and Braa’s experience, Monteiro and Hanseth (1996:83)<br />

argue that large systems like the Internet ‘appear as independent living actors’. Thus using<br />

this approach allows an understanding <strong>of</strong> the interactions between the various agents involved<br />

in the music experience.<br />

3.5. Applying the Theory<br />

An important criticism <strong>of</strong> actor-network theory is that it does not represent a stable body <strong>of</strong><br />

knowledge that can be drawn on unproblematically. In acknowledging this, Walsham (1997)<br />

recommends researchers concentrate on the stable part <strong>of</strong> the theory, presented in table 2.<br />

Concept Description<br />

Actor (or actant) Both human beings and nonhuman (sic) actors such as<br />

technological artefacts<br />

Actor-Network Heterogenous network <strong>of</strong> aligned interests, including people,<br />

organizations and standards<br />

Enrolment and translation Creating a body <strong>of</strong> allies, human and non-human, through a<br />

process <strong>of</strong> translating their interests to be aligned with the<br />

actor-network<br />

Delegates and inscription Delegates are actors who “stand in and speak for” particular<br />

viewpoints which have been inscribed in them<br />

Irreversibility The degree to which it is subsequently impossible to go back to<br />

a point where alternative possibilities exist<br />

Black box A frozen network element, <strong>of</strong>ten with properties <strong>of</strong><br />

irreversibility, eg legal requirements<br />

Immutable mobile Network element with strong properties <strong>of</strong> irreversibility and<br />

effects which transcend time and place, eg s<strong>of</strong>tware standards.<br />

Table 2 Stable Elements <strong>of</strong> ANT (Walsham 1997:468)<br />

Walsham states that the stable elements <strong>of</strong> the theory focus on formation <strong>of</strong> aligned networks<br />

<strong>of</strong> interest and processes that translate these interests into stable networks. Applied to this<br />

study <strong>of</strong> DRM, the stable elements include those listed in table 3. This is only a general list,<br />

but it allows a preliminary analysis <strong>of</strong> the music network.<br />

© Jenine Beekhuyzen Page 36 <strong>of</strong> 58


Concept Description<br />

Actor (or actant) Technical artefacts (non-human): PC (primary non-human),<br />

physical part <strong>of</strong> online community (servers), music devices<br />

(iPod, mobile phone, PDA, CD player, stereo)<br />

Humans: users, artists, record labels, vendors, industry<br />

organisations, consumer groups, legal reps, media, law<br />

enforcement<br />

Actor-Network Users, industry organisations, consumer groups, standards<br />

(legality, content format)<br />

Enrolment and translation Avid music users, tech geeks, average music users; technically<br />

competent or not<br />

Delegates and inscription Online communities<br />

Irreversibility To be investigated<br />

Black box To be investigated<br />

Immutable mobile Legality, contribution/sharing, anonymity, level <strong>of</strong> technical<br />

competence, ‘downloading culture’<br />

Table 3 Applying the stable elements <strong>of</strong> ANT to the music network (derived from (Walsham<br />

1997:468))<br />

Even though this is a useful start, Shoib et al. (2006) add to this general list <strong>of</strong> Walsham’s<br />

(1997) which then further enables the use <strong>of</strong> the theory for the analysis <strong>of</strong> empirical data.<br />

Although Latour (1987) provides some rules <strong>of</strong> method to trace knowledge claims, Shoib et<br />

al. (2006) suggest that “these may be seen as the only set <strong>of</strong> explicit methodological<br />

guidelines available”. To build on Latour and Walsham’s work, Shoib et al. (2006) provide a<br />

useful set <strong>of</strong> questions derived through translation <strong>of</strong> the theoretical ANT methodology:<br />

o Who am I following? (Who are the actors?)<br />

o Who are the “others”?<br />

o What are the interests involved?<br />

o Who is engaged in enrolment? (spokesperson)<br />

o How do spokespersons go about persuading “others and building a network <strong>of</strong> aligned<br />

interests? (enrolment)<br />

o How are these interests translated into social arrangements and inscriptions in the<br />

technology? (translation & inscription)<br />

o How do the social arrangements and technical inscriptions enable/constrain behaviour<br />

and thereby constitute a certain order <strong>of</strong> things?<br />

o How easy is it to change these arrangements and inscriptions (immutable mobiles)<br />

o Who is being excluded by this stable network? (the silent voices)<br />

These questions will not be asked <strong>of</strong> the participants, but they will be helpful to scope the<br />

problem situation and its elements. Those that can be answered at this point in the study are<br />

outlined in the actor-network diagram (found in appendix E). These and the remainder require<br />

further investigation; this can be gained through an understanding <strong>of</strong> the participants’<br />

attitudes, motivations and behaviour.<br />

© Jenine Beekhuyzen Page 37 <strong>of</strong> 58


4. PROJECT SCHEDULE<br />

4.1. <strong>Research</strong> Schedule and Timeline<br />

4.2. Progress To Date<br />

Table 4 presents the research schedule for the remainder <strong>of</strong> the research and table 5<br />

summarised the associated data collection activities (also discussed below). Following this,<br />

the progress in the study so far is presented, as is the brief outline <strong>of</strong> the final thesis<br />

document.<br />

Phase 1 focuses on the activities (through observations) and communication (through<br />

documentary analysis) that exists within four separate online communities. The pilot study in<br />

this phase (one <strong>of</strong> the communities in the full study) has helped to identify which other online<br />

communities are most relevant to study, and what aspects <strong>of</strong> them give the most insight into<br />

the research topic.<br />

Phase 2 uses focus groups and interviews to gather relevant background information about the<br />

topic from groups <strong>of</strong> music users and individual industry stakeholders. The pilot activities in<br />

this phase provide guidance on how best to frame the focus groups for maximum<br />

participation, and the questions most useful for industry stakeholders. The pilot interviews in<br />

this phase will also help to identify what industry stakeholders should/will be interviewed<br />

later in this phase.<br />

Phase 3 focuses on individual music users and music artists. The pilot interviews give insight<br />

into which questions are most appropriate and useful to ask in the allocated interview time.<br />

The interview questions for the full study use information gathered in all pilot activities and<br />

will build upon the knowledge gathered from the literature, including other empirical studies<br />

conducted in the field.<br />

Phase 4 is a follow-up on the activities <strong>of</strong> the online communities. Each community will be<br />

revisited through observations <strong>of</strong> activities and documentary analysis <strong>of</strong> their online<br />

communications. With the introduction <strong>of</strong> the Free Trade Agreement with the United States in<br />

January 2007, it is hoped this follow-up study will give insight into any impact this might<br />

have on user behaviour and attitudes in this online music environment.<br />

Data analysis will occur throughout the data collection phases as much as possible, with all<br />

data analysis to be complete by August 2008. Interpretation <strong>of</strong> the data, revisiting the<br />

literature, finalising the review and writing up <strong>of</strong> the thesis will happen in the latter <strong>of</strong> 2008.<br />

The thesis will be ready for submission in February 2009.<br />

© Jenine Beekhuyzen Page 38 <strong>of</strong> 58


4.1. <strong>Research</strong> Schedule and Timeline<br />

Year Month Activities<br />

2007 March Initial analysis <strong>of</strong> pilot study data<br />

Continue review <strong>of</strong> literature<br />

Prepare first draft <strong>of</strong> confirmation report<br />

April Finalise confirmation report and organise distribution<br />

<strong>Confirmation</strong> seminar and defence<br />

Data collection<br />

Arrange pilot interviews and focus groups<br />

May Data collection<br />

Working on theory<br />

Prepare conference paper for QualIT<br />

Arrange focus groups with music users and interviews with industry<br />

stakeholders<br />

June Data collection<br />

Continue literature review<br />

First draft chapter 3<br />

July Data collection<br />

Continue review <strong>of</strong> literature<br />

August Data collection<br />

Analysis <strong>of</strong> focus groups<br />

Develop interview questions for each participant group<br />

Arrange interviews with music artists and music users<br />

First draft chapter 4<br />

September-November Data collection<br />

Continue review <strong>of</strong> literature<br />

December Data collection<br />

Analysis <strong>of</strong> community data<br />

First draft chapter 2<br />

2008 January Data analysis<br />

Continue review <strong>of</strong> literature<br />

February Data collection<br />

First draft chapter 1<br />

March - April Data collection<br />

Continue review <strong>of</strong> literature<br />

May - June Data analysis and interpretation<br />

July First draft chapter 5<br />

First draft chapter 6<br />

August Begin full thesis development<br />

Continue data analysis<br />

September Thesis production – drafts <strong>of</strong> Chapters 2 and 3<br />

Continue review <strong>of</strong> literature<br />

October - November Thesis production – final draft <strong>of</strong> chapter 4 and 5<br />

Continue review <strong>of</strong> literature<br />

December Thesis production – drafts <strong>of</strong> Chapters 1 and 6<br />

Continue review <strong>of</strong> literature<br />

2009 January Finalise thesis production – review and finalise all drafts<br />

February Distribution <strong>of</strong> thesis to markers<br />

March – June Revisions and resubmission<br />

Table 4 Overall research schedule<br />

© Jenine Beekhuyzen Page 39 <strong>of</strong> 58


PHASE PARTICIPANT FOCUS WHEN ACTIVITIES<br />

Observations and documentary analysis <strong>of</strong> online communities<br />

1<br />

(Pilot)<br />

1<br />

(Full)<br />

1<br />

(Full)<br />

1<br />

(Full)<br />

1<br />

(Full)<br />

Community 2<br />

A1<br />

Community 1<br />

mySpace<br />

Community 2<br />

A1<br />

Community 3<br />

iTunes<br />

Community 4<br />

Magnatune<br />

2007<br />

25 January – 25 Feb<br />

2007<br />

1 April – 30 June<br />

2007<br />

1 April – 30 June<br />

2007<br />

1 July – 30 September<br />

2007<br />

1 July – 30 September<br />

Focus groups with music users/exploratory interviews with industry stakeholders<br />

2<br />

(Pilot)<br />

2<br />

(Pilot)<br />

2<br />

(Full)<br />

2<br />

(Full)<br />

Music users 2007<br />

1 February– 20 February<br />

Industry stakeholders 2007<br />

1 April – 30 May<br />

Music users 2007<br />

1 June– 30 July<br />

Industry stakeholders 2007<br />

15 July– 15 October<br />

Interviews with music users/interviews with music artists<br />

3<br />

(Pilot)<br />

3<br />

(Pilot)<br />

3<br />

(Full)<br />

3<br />

(Full)<br />

Online Communities<br />

4<br />

(Followup)<br />

4<br />

(Followup)<br />

4<br />

(Followup)<br />

4<br />

(Followup)<br />

Music users 2007<br />

20 January – 20 February<br />

Music users 2007<br />

1 May– 30 May<br />

Music artists 2007<br />

1 September – 30<br />

December<br />

Music users 2007<br />

1 September – 30<br />

December<br />

Community 1<br />

mySpace<br />

Community 2<br />

A1<br />

Community 3<br />

iTunes<br />

Community 4<br />

Magnatune<br />

Table 5 Data Collection Timeline<br />

2008<br />

1 January – 30 March<br />

2008<br />

1 January – 30 March<br />

2008<br />

1 February – 30 April<br />

2008<br />

1 February – 30 April<br />

Observations, Documentary analysis<br />

COMPLETED<br />

Observations, Documentary analysis<br />

Observations, Documentary analysis<br />

Observations, Documentary analysis<br />

Observations, Documentary analysis<br />

Focus groups with 2 groups <strong>of</strong> 4 users <strong>of</strong><br />

online music in Germany<br />

COMPLETED<br />

Exploratory interviews with 2 industry<br />

stakeholders in Australia<br />

6 groups <strong>of</strong> 6-10 users <strong>of</strong> online music in<br />

Australia,<br />

10 exploratory interviews with people in<br />

recording industry, government, third party<br />

distribution service in Australia<br />

1 exploratory interview with users <strong>of</strong> online<br />

music in Germany<br />

COMPLETED<br />

2 In-depth interviews with users <strong>of</strong> online<br />

music in Australia<br />

10 exploratory interviews with music artists<br />

30 exploratory interviews with users <strong>of</strong><br />

online music in Australia<br />

Observations, Documentary analysis<br />

Observations, Documentary analysis<br />

Observations, Documentary analysis<br />

Observations, Documentary analysis<br />

© Jenine Beekhuyzen Page 40 <strong>of</strong> 58


4.2. Progress To Date<br />

Area Progress<br />

RhD induction Face-to-face and online completed<br />

Ethical clearance Obtained<br />

Full ethical clearance has been granted for this study by Griffith<br />

University. Prior to each interview or focus group, participants are asked<br />

to sign a consent form agreeing to participate and to be audiotaped, and<br />

that their identity will remain anonymous. See Appendix A for the<br />

ethical clearance document and section 3.2.2 for more information.<br />

<strong>Research</strong> design Peer-reviewed and published at QualIT2006<br />

Draft chapter almost complete<br />

Literature review In progress – supported by Nvivo<br />

Data collection Pilot phases almost complete<br />

- Observation and documentary analysis <strong>of</strong> one online community for<br />

one month<br />

- Two focus groups <strong>of</strong> four music users in Germany<br />

- One interview with a music user in Germany<br />

Development <strong>of</strong> research Revisions to be made when necessary<br />

question<br />

Peer reviewed publications<br />

related to research area<br />

Table 6 Progress to date<br />

1 doctoral consortium paper<br />

Beekhuyzen, J. (2006) Digital Rights Management and the Online Music<br />

Experience, Doctoral Consortium. Proceedings <strong>of</strong> QualIT 2006,<br />

Brisbane, Australia, 27-29 November<br />

1 journal paper in production ‘Online music: Moral distancing to<br />

justify our actions’<br />

1 conference paper in production ‘Using Nvivo for a literature review<br />

in information systems research’<br />

Related publications (before commencement <strong>of</strong> <strong>PhD</strong>)<br />

Singh, S., Jackson, M., Waycott, J. & Beekhuyzen, J. (2006)<br />

Downloading vs Purchase: Music industry vs consumers, Lecture Notes<br />

in Computer Science, Springer, Berlin / Heidelberg (reprinted from the<br />

First International Conference on Digital Rights Management<br />

Waycott, J., Jackson, M., Singh, S. (2005) Digital Rights Management<br />

and consumers’ use <strong>of</strong> music: An activity theory perspective,<br />

Proceedings <strong>of</strong> QualIT 2005, Brisbane, Australia, 25-27 November<br />

Jackson, M., Singh, S., Waycott, J. & Beekhuyzen, J. (2005) DRMs, Fair<br />

Use and Users’ Experience <strong>of</strong> Sharing Music, DRM 2005 - Fifth ACM<br />

Workshop on Digital Rights Management, Virginia, US, 7 Nov 2005<br />

Singh, S., Jackson, M., Waycott, J. & Beekhuyzen, J. (2005)<br />

Downloading vs Purchase: Music industry vs consumers, First<br />

International Conference on Digital Rights Management: Technology,<br />

Issues, Challenges and Systems, Sydney, Australia, 31 Oct - 2 Nov<br />

© Jenine Beekhuyzen Page 41 <strong>of</strong> 58


4.3. Thesis Outline<br />

Chapter 1 – Introduction<br />

- Introduces the thesis, the research question and the background to<br />

the project<br />

Chapter 2 – Literature Review<br />

- Presents a complete review <strong>of</strong> the relevant literature<br />

Chapter 3 – Theory<br />

- Outlines the theory used for the study<br />

Chapter 4 - <strong>Research</strong> Design and Methodology<br />

- Discusses the chosen methodology, the underlying philosophical<br />

assumptions and how the research will be conducted<br />

Chapter 5 – Discussion and findings<br />

- Includes a discussion arising from the data collected, related to the<br />

literature. Findings <strong>of</strong> the study are identified and elaborated.<br />

Chapter 6 – Conclusion<br />

- Concludes the thesis, identifies any limitations, reiterates the main<br />

findings and the practical and theoretical contributions <strong>of</strong> the study.<br />

© Jenine Beekhuyzen Page 42 <strong>of</strong> 58


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Appendix A – Ethics Certificate<br />

To Dr Liisa von Hellens<br />

Associate Pr<strong>of</strong>essor<br />

School <strong>of</strong> Information and Communication<br />

Technology (ICT)<br />

From<br />

Copy<br />

Date<br />

Subject<br />

Manager, <strong>Research</strong> Ethics<br />

Jenine Beekhuyzen<br />

18 January 2007<br />

Status – ICT/20/06/HREC<br />

I write further to the protocol " Digital Rights Management (DRM) and the Online Music<br />

Experience" (GU Protocol Number ICT/20/06/HREC).<br />

This is to confirm that this protocol was reviewed and approved by the Griffith<br />

University Human <strong>Research</strong> Ethics Committee (HREC). This protocol received ethical<br />

clearance and authorisation for the commencement <strong>of</strong> this research was issued.<br />

The Griffith University HREC is constituted and operates in accordance with the National<br />

Statement on Ethical Conduct in <strong>Research</strong> Involving Humans.<br />

Please do not hesitate to contact me if you have any further queries about this matter.<br />

Regards<br />

Gary Allen<br />

Manager, <strong>Research</strong> Ethics<br />

Office for <strong>Research</strong><br />

Telephone: 07 3875 5585<br />

Facsimile: 07 3875 7994<br />

Email: g.allen@griffith.edu.au<br />

URL: www.griffith.edu.au/or/ethics<br />

Room 2.39<br />

Level 2<br />

Building Bray Centre<br />

Campus Nathan<br />

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Appendix B – Focus Group Questions<br />

Digital Rights Management: Young People and Online Music<br />

Focus Group Question Guide<br />

We are conducting focus groups with students to find out how people access and listen to<br />

music – what technologies they use, how they share music with family and friends, and how<br />

they feel about downloading music from the Internet. The ultimate aim <strong>of</strong> our research is to<br />

be able to recommend guidelines for the development <strong>of</strong> Digital Rights Management systems<br />

(DRMs) that support, rather than hinder, peoples’ music activities. The research is exploratory,<br />

so the discussion will be fairly open with only a few questions to guide us.<br />

• What type <strong>of</strong> music do you like? How do you access and listen to this music? Why do<br />

you do it that way?<br />

• What role do computers and the Internet play in your music experience? What tools<br />

and technologies do you use?<br />

• Do you share music with friends, family; how do you find out about new music?<br />

• Do you download music (and other media) from the Internet? If so, how – what sites<br />

do you use? If you don’t pay, what would encourage you to pay?<br />

• What does the term music pirate mean to you? What makes a music pirate? Is being a<br />

music pirate a bad or good thing to you and your peers?<br />

• How do you use other digital entertainment media – DVDs, movies, music videos,<br />

books, etc?<br />

• How do you feel about digital rights management systems – that is, technologies that<br />

control access to digital content on the Internet, and help preserve the copyright<br />

holders’ rights? Do you think artists’ get a their equal share?<br />

• How do you feel about privacy and the Internet? What is your reaction to the privacy<br />

statements on music download sites? How do you feel about revealing personal<br />

information to subscribe to Internet sites?<br />

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Appendix C – Interview Questions for music users (working)<br />

1. General music practices and computer use<br />

How do you find new music? Offline and online?<br />

What is your experience with digital music?<br />

Online stores<br />

o CDs<br />

o Radio<br />

o MP3 player<br />

o Mobile phone<br />

o P2P<br />

o Social networking sites like MySpace<br />

o From friends in emails, P2P?<br />

Do you have any experience with music on a PC?<br />

o To access, store or copy music.<br />

Do you frequently do the following with music files?<br />

- Access<br />

- Burn<br />

- Share<br />

- Store<br />

- transfer<br />

do you require flexibility in these actions?<br />

How <strong>of</strong>ten do you access online music?<br />

o Download through P2P<br />

o Purchase through online store<br />

o Music in emails from friends<br />

o Through MSN or other instant messaging<br />

o Music websites?<br />

Do you think your (or the) music experience has changed with the introduction <strong>of</strong> the Internet (older users)?<br />

How important is music to you?<br />

Do you think the way you use music is different to those older/younger than yourself?<br />

Do you see live bands/acts? How frequently?<br />

How important is live music for you?<br />

What is important in a music song to you:<br />

o Quality?<br />

o Ease <strong>of</strong> use?<br />

o Interoperability?<br />

What are the reasons you download:<br />

o Legally?<br />

o Illegally (filesharing)?<br />

Do you believe your technical competence skills are related to the tech tools you choose to use to access music?<br />

Ie you use a certain access method because you feel most comfortable with that technology?<br />

2. Technologies to access online music<br />

Using online stores<br />

a. Buying from online stores<br />

b. Using P2P<br />

c. Using other access methods<br />

Have you<br />

o bought from an online store in the past 6 months? The past week?<br />

o used a service that hosts unauthorised content in the past 6 months? The past week?<br />

Prefer subscription model or pay-per-use?<br />

© Jenine Beekhuyzen Page 51 <strong>of</strong> 58


3. Music devices<br />

Is device interoperability important?<br />

How <strong>of</strong>ten do you use a portable device?<br />

If you don’t use one know, do you envisage you will in the future?<br />

4. Pirates and digital music<br />

Legality <strong>of</strong> downloading actions<br />

- Do you care if music you use online is copyrighted?<br />

- What does copyright <strong>of</strong> music mean?<br />

Do you ever discover new music online and then go and buy the CD?<br />

Do you know what the following terms mean?<br />

Bittorent, copyright, fair use, intellectual property, DRM, creative commons, DMCA<br />

Do previous publicised court cases against users in the US and s<strong>of</strong>tware companies such as Kazaa here in<br />

Australia deter you downloading, or affect how much/<strong>of</strong>ten you download?<br />

Do you think it affects others?<br />

How do you think governments/record labels should combat piracy?<br />

o Educate people?<br />

o Enforce DRM in content?<br />

o Sue <strong>of</strong>fenders?<br />

If you download music through filesharing, how do you feel about being called a pirate?<br />

Do you feel downloading unauthorised content is ripping <strong>of</strong>f music artists?<br />

Do you think the media blows the piracy issue out, as having a worse effect than it really does?<br />

What do you think about pr<strong>of</strong>essional pirates?<br />

5. Use <strong>of</strong> other entertainment media<br />

6. Digital Rights Management<br />

Have you heard <strong>of</strong> digital rights management? Do you know what it is or what it does?<br />

Do you know if music you buy/download is DRM protected?<br />

Do you know if usage restrictions apply? If so, do you know the details <strong>of</strong> what you can do with your purchased<br />

content?<br />

Do you have any difficulties using/playing/sharing music you got online?<br />

With music that you have bought online, how do you feel about:<br />

o Restrictions on playability?<br />

o Restrictions on transfer?<br />

o Restrictions on burning?<br />

Online music stores with DRM content re like the model <strong>of</strong> video shots that rent, so do you feel it is fair that you<br />

appear to buy music online but you can only use it like it is rented (well fewer restrictions <strong>of</strong>ten)?<br />

Do you think DRM restricts legitimate users?<br />

7. Privacy, personalisation and online music<br />

Is personalisation <strong>of</strong> online music sites and services important to you?<br />

o Do you think it will be in the future?<br />

o What appeals to you in personalising your online content????<br />

How do you feel about giving your personal details to music sites in order to download content?<br />

What do you think the future <strong>of</strong> music will look like?<br />

8. Music artists<br />

How do music artists fit into the picture <strong>of</strong> music downloading for you? I.e. their royalties<br />

Do you know how much they get paid from CDs and online purchases?<br />

Do you think filesharing (P2P) helps new artists?<br />

9. TV downloads<br />

Do you download TV episodes <strong>of</strong>f the Internet either from a store or through filesharing?<br />

Do you feel it is less wrong to download TV shows than music and or movies?<br />

Does it matter if they are from free-to-air or paid-for on cable?<br />

© Jenine Beekhuyzen Page 52 <strong>of</strong> 58


Appendix D – Lauren, the legitimate consumer<br />

In the very early hours <strong>of</strong> Sunday morning in Australia, the Eurovision Song Contest winners<br />

are being announced. The winner is Finland! The first time in 40 years. Lauren, being a<br />

Finnish-born Australian, wanted to immediately download the winning song. Lauren went to<br />

iTunes Australia, searched for the song but couldn’t find it for sale. Determined, she went to<br />

the iTunes Finland and found the song available for purchase. Happy, she proceeded to<br />

purchase the song only to be told she needed a residential address in Finland in order to make<br />

the purchase. As her daughter’s family live in Finland, she contacted her to ask if she could<br />

use their address for the transaction. On talking to her son-in-law, he said she could use his<br />

Finnish iTunes account and gave his credit card details to her over the phone to use for the<br />

transaction (the iTunes ID is usually linked to a credit card that has been used with the<br />

account).<br />

She then proceeded to iTunes Finland, logged in with her son in law’s ID, used his credit card<br />

for the purchase and downloaded the song to her Mac much to her delight. On attempting to<br />

play the song through iTunes on her Mac, she was greeted with a message saying that her<br />

computer was unauthorised to play the song.<br />

Frustration setting in, she contacted her son-in-law to be told that he had previously<br />

downloaded that particular song just minutes before she called, possibly being the reason she<br />

could not play it on computer. She was at a loss to understand what had just happened, and<br />

why she couldn’t play the song she just legitimately purchased.<br />

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Appendix E – Actor-network Diagram<br />

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Appendix F – Empirical Studies<br />

Empirical user studies<br />

Date Location Authors Participants Focus <strong>of</strong> study Methods<br />

2006 Europe Vlachos, Vrenchopoulos, 25 consumers (and music Moving traditional Interviews<br />

(Greece &<br />

UK)<br />

Pateli<br />

execs below)<br />

business models to mobile<br />

2006 New York & Nettamo, Nirhamo, Hakkila 12 music users Mobile music use Interviews<br />

Hong Kong<br />

Mobile diaries<br />

2005 US Voida, Grinter, Ducheneaut, 13 iTunes users iTunes use and sharing Interviews<br />

Edwards, Newman<br />

aspects<br />

2005 New Zealand Cunningham, Jones, Jones 15 hrs obs in 8 music stores Music information Observations<br />

<strong>of</strong> music consumers retrieval<br />

Interviews<br />

5 participant observations<br />

1 focus group (4 users)<br />

9 interviews (8 adult 1 child)<br />

Focus groups<br />

2005 Australia Singh, Jackson, Waycott, 23 consumers Music use and activities Interviews<br />

Beekhuyzen<br />

Focus groups<br />

2005 7 European Dufft<br />

4852 Internet users Consumer issues on DRM Survey<br />

countries (Indicare project)<br />

2005 US Fetscherin 174 students Consumer acceptance <strong>of</strong><br />

DRM<br />

Survey<br />

2005 Australia Sirotic 11 x 15-17 year olds User experiences in online<br />

filesharing networks<br />

interviews<br />

2003 US Pew 1421 adult Internet users Internet and music use Survey<br />

2003 US Pew 2515 adult Internet users Internet and music use Survey<br />

2002 12 European Livingstone 160 children<br />

Young people and media Interviews<br />

countries (UK)<br />

Parents<br />

Heads <strong>of</strong> IT teaching<br />

use<br />

Survey<br />

© Jenine Beekhuyzen Page 55 <strong>of</strong> 58


Empirical community/network studies<br />

Date Location Authors Participants Focus <strong>of</strong> study Methods<br />

2004 US Oberholzer & Strumpf P2p network for 17 weeks Music sharing, Impact on<br />

sales, network use<br />

Observations<br />

2003 US Adar & Huberman Gnutella p2p network for 24 Music sharing, impersonal Observations<br />

hours<br />

networks<br />

2001 US Cooper & Harrison Mp3 sharers in IRC chat Subcultures, assumed Observations<br />

environment<br />

persona <strong>of</strong> ‘pirate’<br />

Empirical music industry studies (music companies, record labels, DRM providers)<br />

Date Location Authors Participants Focus <strong>of</strong> study Methods<br />

2007 Europe Mulligan & Burstein<br />

(Jupiter study)<br />

Unknown, investigating Attitudes to DRM Survey<br />

2006 Europe Vlachos, Vrenchopoulos, 19 executives from music Moving traditional Interviews<br />

(Greece & Pateli<br />

content providers (and music business models to mobile<br />

UK)<br />

users below)<br />

2006 Europe Swatman, Kreuger, van der Music and news providers Changing business models Survey<br />

(Germany) Beek<br />

340 surveys<br />

112 interviews<br />

Interviews<br />

2003 Europe Fetscherin 10 DRM providers – film, Changing usage rights <strong>of</strong> Survey<br />

print and music industries DRM<br />

Emails<br />

2001 Europe Kretschmer, Klimis, Wallis 100 interviews with music Multi-national and Interviews<br />

companies<br />

independent companies<br />

Business models<br />

© Jenine Beekhuyzen Page 56 <strong>of</strong> 58

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