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What is music
What is music
What are the legal issues with napster
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Napster
Napster is a music-sharing service that serves people with downloadable software for
their computer and allows the download of almost any music from around the world. The
Webster’s Universal and Thesaurus, says that the definition of music is: Music: harmony,
melody, symphony. The basic idea of Napster is for anyone who wants to listen to music. However, the argument about Napster is that it is a directory service that allows users to transfer music files from music labels that have not signed a deal with Napster. The music industry feels they are losing money because there are devices known as CD-RW and this allows for the burning of homemade compact discs with songs that Napster provides. Besides the music industry, there are bands that feel that due to Napster's popularity; they are losing money that they work for. The music industry feels that if people are burning there own compact discs at a cheap rate then the music company are going to lose money. In the following paper I will discuss why people use Napster, why there is a problem with the use of Napster, and how the service can be used legally.
The idea of Napster was started by a freshman at Northeastern University in January 1999. In May 1999 Napster took shape as one of the most used computer software around. From the Napster web site you easily download the software. The software then connects you with millions of users who have the song you are searching for. After you find the song you can start the download process and download that song onto your computer. One negative aspect of Napster is that the songs you download mostly take a long time to download, depending on your connection speed, and take up a lot of space in your memory. After you download the song you
can then make your own compact disc if you have the right equipment that is. The equipment needed is a compact disc burner and the recordable compact discs. You then are able to distribute the songs and only have paid a fourth of the price that you would have paid if you had bought the compact disc from a music store (Napster).
Many bands and music labels have sued the people behind Napster. The music industry is saying that Napster breaks copyright laws by allowing people to spread music without the proper authorization for usage.
Napster is a virtual community, which consists of music news and chat-rooms, the main feature it offers is an easy way to download MP3's (music files). This controversial service has brought the lawsuit to Napster. Napster allows its subscribers to download the music files without charge. It is not however, from Napster that the subscribers get these files. It is from each other. The users share their hard drives so that other users can download any of their music files that they want.
Simply put; All things are good until man makes it otherwise. And by using Burke's "lens" we can look at the internet use of Napster and see how different people have found different views of it and how now some people deem Napster as bad or in a negative lens they see Napster. The Napster software, launched early in 1999, allows internet users to share and download MP3 files directly from any computer connected to the Napster network. The software is used by downloading a client program from the Napster site and then connecting to the network through this software, which allows sharing of MP3 files between all users connected to the network.
A popular program easily accessible on the Internet is called Napster. After you download it from Napster’s site, you basically tell it where you keep your Mp3 files and when it connects it cross-references everyone’s files and lets you search through them all and download as you please. 90% of the files that are traded daily are illegally “ripped” from CDs. Napster has a blurb at startup that states “Copying or distributing unauthorized Mp3 files may violate United States and/or foreign copyright laws. Compliance with copyright law remains your responsibility.” The RIAA (Recording Industry Association of America) is charging the site with copyright infringement and alleges that Napster has created a base for music piracy on an unprecedented scale. Napster contends that they provide the platform, not the actions, and that as the blurb states it’s up to the people. Napster is not at fault because the RIAA has overstepped their boundaries and infringed on first amendment rights online.
this scenario in defense of a Napster user. What if someone only wants one song on a $20.00
regular CD. For all practical purposes, mp3 files can be exact, near-perfect digital copies of the
...ial media. This is despite the fact that 22% of the Chinese population have access to 3G and about 500 million people use the web (Richard, 2013). If the vast of the population are unaware of various channels of buying music legally, the they are likely to turn to illegal piracy and downloading. This is in contrast to other music distributing companies in other leading markets such as U.S Music Corporation from the US and RSK Music distributors from the UK who are promoting both artists and their music globally using different platforms both online and offline. Furthermore, some Chinese music distributors focus more on western music and live acts. For instance, Musicdish – which is also a leading Chinese music distributor - recently launched the ‘Musicdish song blast’ to market to promote western recorded music and concert shows in mainland China (Chong, 2016).
The Recording Industry Association of America (RIAA) is suing Napster for allegedly enabling music piracy through its proprietary MusicShare program. MusicShare allows music lovers to open up their stores of MP3 files to all other Napster users. Whenever a user is online, his MP3s are up for grabs, with the only stipulation being that users upload a file for each one that they download. The RIAA says that many of the shared MP3s are illegal bootlegs, but Napster insists that it "does not, and cannot, control what content is available to [users] using the Napster browser." Citing the many legal issues of its program, Napster makes a firm case.
20 days later on April 29th, Apple came up with a potential solution to music pirating on the Internet; the story covering this topic was published on Page C11, Philadelphia Inquirer, The (PA). “Two years after angering the recording industry with its "Rip. Mix. Burn" ad campaign, Apple Computer Inc. has won its cooperation in creating the Internet's least restrictive commercial music service yet. The iTunes Music Store announced by Apple chief executive officer Steve Jobs yesterday draws from all five major labels in offering more than 200,000 songs at 99 cents a download - and includes some big-name artists who previously shunned online distribution” (Page C11, Philadelphia Inquirer, April 29, 2003). I think the creation of Apple’s new “solution” is not really going to get a lot of customers because, say you buy 10 songs for $.99 per download the price comes out to be around the same price of an album with 10 songs on it.
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.
According to the text A Gift of Fire, Napster “opened on the Web in 1999 as a service that allowed its users to copy songs in MP3 files from the hard disks of other users” (Baase, 2013, p. 192, Section 4.1.6 Sharing Music: The Napster Case). Napster was, however, “copying and distributing most of the songs they traded without authorization” (A Gift of Fire, Section 4.1.6 Sharing Music: The Napster Case). This unauthorized file sharing resulted in a lawsuit - “eighteen record companies sued for contributory infringement claiming that Napster users were blatantly infringing copyrights by digitally reproducing and distributing music without a license” (Communications Law: Liberties, Restraints and the Modern Media, 2011, p. 359).
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.
The first online peer to peer file-sharing application was Napster. Napster allowed people to copy music from their CDs onto their computers in mp3 format. They then allowed other members of Napster to download these songs onto their computers. Once this caught on, millions of people were downloading thousands of songs a day. And as you can imagine, this did not make the record companies happy with the idea that people were getting their music for free instead of buying the CD. It also caused a problem with some of the recording artists. Most notably Metallica.
All around the world people connected to the internet are downloading free digital content through P2P file sharing software.
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.
Now let’s flash forward back to present day when all that doesn’t happen anymore. Instead of saving of our money and begging our parents to take us to the store to buy a newly released album, we simply get on our computer, go to a website and download the album for free. It doesn’t matter what website it is, whether it is Limewire, Frostwire, or Pirate Bay, people will be happy with their free album. There are still some kids to this day who enjoy going to the store and buying and listening to an album the old-fashioned way but we have to wonder how bad things will get as more and more people are getting equipped with the Internet and the use of downloading music. While the internet might be making life easier for all, the growing use of downloading music on the Internet is growing into a detrimental and illegal problem.