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; thats 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 arent 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 too much technical jargon. Napster could be considered a support group for music consumers in that they can connect with one another and share ideas along with music. A Northeastern student named Shawn Fanning developed Napster in a college dorm room to share ideas and music with his friends. He wanted to be able to play a friends song without having to constantly borrow the CD. Napster software combines chat features and a music player, lets users share their MP3 libraries with each other(RIAA).
The program that Fanning developed uses MP3 music files to transfer from one computer hard drive to the next. An MP3 file is simply a compressed file. MP stands for MPEG (Motion Picture Experts Group), and three refers to the number of layers. MP3 files are about one-tenth the size of uncompressed audio files (Mp3 Music). One minute of music on a compact disc takes up about 1 megabyte of memory with MP3 compression; without it the same one-minute would take up to 10 megabytes of memory on the computers hard drive (What it).
The bad rap that Napster has built up is due to the pirated MP3 files and major artists creating negative media attention. David Weekly, the companys audio consultant said, this is a really awful move on the RIAAs part. If what theyre trying to do is prevent programs like Napster from coming out, they gave every teenage hacker the incentive to write their own (RIAA). Weekly emphasizes that any media attention is good attention. Due to Napsters success, three other music file sharing sites became known for distributing pirated files: MP3. com, ArtistDirect. com, and Launch Media.
Dave Goldberg, the CEO of Launch Media, said, theres going to be lots of different ways to get pirated music, this is just a different way,(Napster). Some other ways to acquire pirated music are recording off the radio, recording a compact disc onto a cassette, or burning a copy of a compact disc. The MP3 software promotes piracy and has security problems, but its also still in beta, (RIAA). Loses in which the recording industry has endured is due to Napster, the RIAA states (Huffstutter). This program is a little more than a year old and causing controversy because of the copyright infringement laws.
The contributory copyright infringement, which Napster is being sued for by the RIAA, is solely the users fault. The software user agreement says that copying or distributing unauthorized MP3 files may violate United States and foreign copyright laws. Compliance with the copyright law remains your responsibility (Napster); this is taken from the contract of the Napster program. The user must read and convey an agreement with the contract, in order to sign on to Napster after the program is downloaded to the computers hard drive. The fan who is downloading illegal files is the person who should be sued, not the program.
The downloading of any copyrighted music from the Web without permissioneven for one-time or personal useis illegal (France). The penalty for contributory and vicarious copyright infringement is up to $100,000 for each song that was downloaded using Napster (France). Obviously the RIAA is not going to prosecute everyone that broke this law, because there is no way of tracking down everyone. The RIAA has not produced any viable statistics, only statements and claims. Besides, Napster is principally used to sample artists and/or songs, if the user likes the sample then the CD will be bought.
Word of Web is infinitely more efficient that word of mouth (Dyson). A lot of the songs on the Napster community are unsigned bands that need the free publicity. Word of Web requires rules and standards that have not been created yet. New bills have been introduced before the courts to try and distinguish what is legal or illegal to download. One such bill is the Digital Millennium Copyright act; as a result of this act the accused Web sites can not be sued for illegal activity, but it is legal to prosecute the user of the service (France).
Also, under the same act, the Web site is required to police the information, which is being put on the site (France). Napster is trying to rebuttal this claim because it is not a Web site it is an Internet service provider. Another bill is the Music Owners Listening Rights Act of 2000, which ensures the users rights to access the music they lawfully own via the Internet at any time from any place, (EFF). This bill allows music listeners to be protected from the threats of recording industries. It also guarantees the advancement of technology instead of the punishment of blazing a new path.
No matter how many bills are passed the technology is still out there, so it will not stop fans from swapping songs and artists. As the American justice system tries to crackdown on the piracy, it makes threats towards everyone using the Internet. Napsters attorneys said that this program could be used as an Internet service provider because it provides access for many people via a few lines of high-speed service. Because of this claim, Napster has been able to dodge the many assumptions by judges and media of the courts.
Copyright laws need to be reformed around a more flexible stance to prepare for the wave of things to come. Theres no crime in listening to music you already have, (EFF). The Internet is new territory for many people, and raises many issues against the justice system. New laws have to be created in order to keep everyone happy (Napster). Napster authorities have also claimed that the program is merely a music player and provider. A California judge ruled that the MP3 players, which is part of Napster, isnt subject to government restriction (Sullivan, 15).
The Mp3 player, in which the judge referred to, is contained within the library section of the program. The Napster court case is similar to the case between Sony and Universal Studios. In 1984 Sony was sued because it blazed the path of VCRs (Videocassette Recorders). Universal Studios made a case of arguing that consumers of VCRs could tape movies or programs and were accountable for copyright infringement. The deciding result of the Supreme Court was the VCR had a considerable amount of non-infringing uses (Huffstutter).
The VCR was mainly used to play rented videos or home videos rather than to make bootleg videos. Napsters court case is extremely similar to Sony vs. Universal Studios, in that both cases deal with copyright infringement. When the courts decide on a verdict, it wont stop the technology because its already out there (Philips and Huffstutter). Its impossible to kill the software and its pointless to try (Philips and Huffstutter). The decision over the controlling of illegal activity will rely solely on Napster consumers.
The Web site may be forced to regulate the activities of Napster customers if copyright infringement continues; as a result of this, the cost of downloading music would dramatically increase (France). This would defeat the purpose of Napster and give all the power to the recording industries, leaving fans with no choice but to buy from large record companies. Artists should not make [music] art only to be rich, (Dyson). Everyone [Napster customers] knew they were doing something illegal. It was about defying big business [commercialism] even though we eventually bought the CDs (Moore).
If Napster were to be abolished then the recording industry should become obsolete as well. An artist should be able to produce and record their own music CDs, abolishing the recording companies and the middleman. The question is whether the music industry has a business worth operating, if it does then it needs to prove its value (Dyson). Eliminating the record companies allows the artists to keep the exclusive rights of their songs instead of the industry owning the copyrights. If the artist were to produce the record on their own, people would \”be less likely to [steal] when the person they would be stealing from is the artist (Dyson).
If artists had to produce their own albums, then there would be more musicians who like what they do rather than just performing for the money (Dyson). Artists would be getting paid directly by their fans for performances and albums, reducing the cost of CDs and tickets. Music is not just sound its an experience, and part of the event is going to live performances. Music enthusiasts should be able to go to a concert and be given a recording of the group at the concert, instead of having to pay the ticket price for the concert as well as the price of the album at a music store.
The digital divide which separates the messengers of the 1960s youth [music] movement from the E generation is causing conflict over technology (Moore). The rebellious youth of the new millennium believes that they know all about the Internet and how computers function. Computers are just more natural to the young rebels than to the elderly rebels. Corporate media plays a big role in defining the E generation because they want to defy it and be youthful rebels rather than repeats (Moore).
Napster is a source that enables youth to refuse to accept the commercialism (Moore). Music lovers should have the right to share music and defy commercialism in the MP3 format. Napster offers a way for artists and their fans to connect, through chat rooms and the ability to download rare releases directly from the artist. Instead of the groupies going to concerts and buying CDs, they can log onto Napster to talk with musicians and connect. Napster is a resource that is being misused because consumers do not understand how to utilize it.
Artists should take advantage of the program and employ it as free publicity, because seventy-percent of Napster consumers say they buy the CD after they have downloaded a song and enjoy it (Huffstutter). Until musicians, recording companies and fans can come to an agreement then Napster should remain accessible to everyone. At a time when neither MTV nor radio has any interest in giving exposure to artists outside the mainstream, Napster has an amazing power: It brings music fans together [in a celebration] so they can turn one another on to artists, (Sheffield).
