The Internet is an extremely useful resource to obtain information on just about any topic. A relatively new feature of the World Wide Web is the technology for the sharing of music in MP3 format. A popular site to download “free” music is called Napster. This program allows people to share music files, discover new artists, and become part of the music community. Although Napster is controversial, the program should still remain accessible to Internet users and music lovers. Marc Geiger, a supporter of the program, states that “Napster is ‘totally community oriented,” (“Napster…”). It brings artists and fans together, and can allow struggling musicians a chance to be heard; that’s what the program is all about. “The more people hear the songs, the more they want {to} buy the CD” (“Napster…”). The struggling musicians who aren’t making millions from one CD release are the avid supporters of Napster. Richardson is promoting the good side of the software, and trying to make upset artists understand that this program is for the little guys. “Its software aims to make finding MP3 files easier one the Net” (RIAA). Another advantage of the program is that it allows finding music files easier instead of having to search the entire World Wide Web. Napster is an MP3 file-sharing program that enables users to share their music with one another. Anyone with a computer can download the program, sign the user agreement contract and then start swapping music. The program includes chat features, a top music sharing list, searching capabilities, a chart that shows the status of the file transfer, a “library,” and a help section. The chat rooms allow for conversation between the different users, and shows information on the people in the room. The search feature allows the music consumer to search by song title, artist, bit rate, ping time, and connection. The file transfer element of the program allows the customer to see how much of the file is downloaded, the estimated time for the transfer to finish, the name of the host of the music, how big the file is, and the filename, (song title, and artist usually). The “library” is a music file holder that sorts the downloaded music files alphabetically. It allows has a music player, which can play an assortment of already downloaded music chosen by the consumer in any order. The program is easy to use and does not contain ... ... middle of paper ... ...on, Brad. “10 Big Myths about Copyright Explained.” http://www.templetons.com/brad//copymyths.html (26 Nov. 2000). Outline I. Introduction A. Background of mp3 and Napster 1. What it is and how it works 2. Support for Napster B. Program description C. Founder of Napster 1. Why he developed Napster II. Body A. Problems with Napster 1. Pirated MP3 files 2. Copyright infringement court case 3. Problems with RIAA’s defense B. Bills preventing copyright infringement 1. Penalties for downloading unsecured files C. Similarities between Sony vs. Universal Studios court case and Napster vs. RIAA court case D. Consequences for Napster if it is found guilty of Copyright infringement E. Making the record companies obsolete if Napster is to be abolished F. Problems between the “digital divide” 1. Commercialism III. Conclusion A. Napster is a resource 1. Connection between artist and fans 2. People buy the CD after they have downloaded one song from that artist. B. Quote from Shawn Fanning, (founder)
In America, there is currently a lawsuit pending that threatens to change the face of the music industry. The lawsuit is against Napster it has been brought by the Recording Industry Association of America (RIAA) as well as other major music labels.
We have all watched over the last year and a half as the controversy over the digital music provider Napster has clogged our television screens and lined our floors in the forms of newspaper articles. We are also well aware of the implications and revenue losses that the service either directly or indirectly causes. What I am going to investigate more in-depth in this article is, more specifically, the effect that Napster has on the operations of record stores worldwide. I am going to try to describe the most profound effects that Napster has on this industry.
“The Law”. http://www.riaa.com - http://www.riaa.com. RIAA, Oct. 2011 -. Web. The Web.
The defendants said that substantial similarity is established both an expert under the extrinsic test and by an ordinary person under the intrinsic test. According to the defendant, under the intrinsic test while musicologists( Skidmore’s expert) can testify as to the analytical dissection of the song but he or she has no objective, scientific or reliable basis to testify as to whether an ordinary person would find it substantially similar or not. Further, the similarity in concept and feel in an intrinsic test cannot be taken into account because it threatens the essence of copyright that is the protection for original
The case was settled out of court when Napster agreed to ban some 300,000 users who had allegedly downloaded Meta... ... middle of paper ... ... co.uk/content/archive/12647.html - 4/9/00 Napster Boosts CD sales - survey - http://www.theregister.co.uk/content/1/12093.html - 4/9/00 Napster Details Copyright Case Defence - http://www.theregister.co.uk/content/archive/11750.html - 2/9/00 US Appeal Court sets Date for Napster Trial - http://www.theregister.co.uk/content/1/12909.html - 2/9/00 Napster Loses Preliminary Hearing - http://www.theregister.co.uk/content/archive/10729.html - 2/9/00 Napster throws Metallica a Curvevall - http://www.salon.com/tech/log/2000/05/10/napster_metallica/index.html - 31/8/00 Napster to Face Music in Courtroom - http://www.usatoday.com/life/cyber/tech/review/crh121.htm - 2/9/00
Napster and similar tools have done is make this sharing of files much easier (Newsweek).
Peer-to-peer (P2P) networks have had a staggering growth in the past few years. Since Napster, dozens of P2P networks have been created in its imitation. Due to the growing accessibility of broadband, which increases the speed of downloads, P2P networks generate nearly 1.8 billion downloads per month. Popularity and acceptance is still continually growing.
It is not unusual to find hostile response of audio-visual industry against a new copying technology. Every time when a new copying technology was invented and introduced into the market, the industry responded argued that the new technology would cause significant damage to them by promoting piracy; It was true with the cases of Xerox, audio tape recorder, video tape recorder, compact disc (CD), and finally with the online file sharing through Peer-to-Peer (P2P) service. Usually, introduction of new copying technology led to series of legal disputes just like what we are witnessing in the current case of the Record Industry Association of America’s (RIAA) lawsuits against KaZaA and its individual members. Quite contrary to the industry’s usual arguments, however, new technologies eventually have proved additional revenues of profit for them so far. (Bettig, 1996)
Before the 1990’s, if people want to listen to music, they just visit a music store and pick up a CD and then put it into a stereo equipment. However, the development of MP3 file format gradually changed the way people listen to music. This format lets everyone download music easily and it can be converted to CD as well. But, there is still a problem: searching MP3 files on the internet is maddening and people seldom can find the music they want. Therefore, the birth of Napster solved this problem, creating a virtual music community in which music fans could use the Web as a “swap meet” for music files. More importantly, Napster is easy to use and it’s free, which expands the range of audience in age. Bandwidth also contributed to Napster’s success. The greater the bandwidth, the faster the file can be transferred. So, Napster really changed the way people listen to music, discover music and interact with music.
Along with the development of a file format (MP3) to store digital audio recordings, came one of the new millennium’s most continuous debates – peer-to-peer piracy – file sharing. Internet companies such as Napster and Grokster became involved in notable legal cases in regards to copyright laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order to understand the differences and similarities, one should have an understanding of each case as well as the court’s ruling.
The story really begins with Napster and its free software that allowed users to swap music across the Internet for free using peer-to-peer networks. While Shawn Fanning was attending Northeastern University in Boston, he wanted an easier method of finding music than by searching IRC or Lycos. John Fanning of Hull, Massachusetts, who is Shawn's uncle, struck an agreement which gave Shawn 30% control of the company, with the rest going to his uncle. Napster began to build an office and executive team in San Mateo, California, in September of 1999. Napster was the first of the massively popular peer-to-peer file sharing systems, although it was not fully peer-to-peer since it used central servers to maintain lists of connected systems and the files they provideddirectories, effectivelywhile actual transactions were conducted directly between machines. Although there were already media which facilitated the sharing of files across the Internet, such as IRC, Hotline, and USENET, Napster specialized exclusively in music in the form of MP3 files and presented a user-friendly interface. The result was a system whose popularity generated an enormous selection of music to download. Napster became the launching pad for the explosive growth of the MP3 format and the proliferation of unlicensed copyrights.
A&M Records, Inc. v. Napster Inc., 239 f.3d 1004 (U.S. Court of Appeals For The 9th Circuit 2 12, 2001).
There has been controversy as to whether music should be free or not. As for the people who love to listen to music all the time, they would agree that the music should be free of charge. Benefits of free music are that you can listen to music fan free, helps out bands to be known, and reaches the crowds in less time and boots the popularity of the song; however, there are drawbacks, such as CD & MP3 gross sales decline, it’s an insult & harmful to artist and in all actuality, you are paying the record labels.
The music industry started in the mid 18th century with Wolfgang Amadeus Mozart. Through the decades there has been a great increase in this industry; however, the revenues for this industry have declined by half in the last 10 years. This has been caused by music piracy, which “is the copying and distributing of copies of a piece of music for which the composer, recording artist, or copyright-holding record company did not give consent” . After 1980’s, when the Internet was released to public, people started to develop programs and websites in which they could share music, videos, and information with...
Napster is a company that developed the so-called peer-to-peer technology that lets people search and retrieve music files directly from one another's personal computers. When Napster first came out, millions of internet users worldwide were illegally downloading and distributing copyrighted music, videos, images, and software for free. After being vilified by the entertainment industry, which claims that Napster and any similar programs could make piracy of almost any digital work unstoppable, and many court battles, Napster was ordered by court to be shutdown in 2000. The technology has been praised as a revolutionary development for the Internet—unaware of the problems that would arise from such practices. However, the termination of Napster was not enough, months later, dozens of new, like programs were being developed and used. And since Napster, not much has been done to stop these latest downloading programs.