FREE ESSAY ON NAPSTER

NAPSTER

If you want to know where a Silicon Valley-ite stands in the ongoing war for the soul of
the Internet, just ask him or her what the buzzword is these days. Many will tell you it
is "B2B," a backslapping shorthand for e-schemes directed to the "business to business"
market. But those who still believe that the Internet revolution is still a seething,
evolving, paradigm-busting phenomenon will offer a different buzzword: "Napster" (Levy
68). 
This new term pertains to a specific digital-music program, the start-up company built
around the free software and the full effect brought about by its crazy popularity (Ante
197,198). 19-year-old Shawn Fanning began writing the code so he could stop his
roommate's constant complaining about the unreliable MP3 search engines (Greenfeld, "The
Free Juke Box," 82). "It took a true Internet kid…to figure out that the way to do
it was to allow anybody free and total access to everybody else's music collection" (Levy
68). Download the program, free of charge, and simply type in the songs that are desired.
Napster then lists what's available online in the MP3 format on thousands of hard drives.
It then finds the selection on someone else's hard drive, and with a click of a button
its downloaded onto your hard drive, and others can then download it from there (Levy
68). Napster is a program that should not be shut-down but supported because it enables
people to search for and download songs that are no longer produced, available, or hard
to find.
Napster has made itself some powerful enemies in its short existence (Cohen 41).
"It has drawn the wrath of the record industry, whose suit charges the company 'launched
a service that enables and facilitates piracy of music on an unprecedented scale'" (Brull
50). Piracy is defined by the World Book Dictionary as "the act of publishing or using a
book, play, musical composition, or the like, without permission" (Barnhart). In fact,
Napster does the exact opposite. It states so in its Napster, Inc. End-User Software
License Agreement (Appendix A):
The software integrated browser which, when used with the Napster service, is designed to
enable musicians and music fans to locate audio recordings available in the MP3
format…Accordingly, you are responsible for complying with all applicable federal
and state laws applicable to such content, including copyright laws. Napster respects
copyright law and expects our users to do the same. Unauthorized copying, distribution,
modification, public display, or public performance of copyrighted works is an
infringement of the copyright holders' rights. 
The above paragraph states the terms that Napster makes with its users. The terms state
that Napster respects copyright laws and expects its users to do the same.
A federal judge in New York ruled that a new service from MP3.com Inc. let people access
their music from the Web and that had infringed on copyright laws (Brull 50). But what
looked like a victory for the $14.6 billion record industry was only a skirmish in a war
it is losing (Brull 50). The message has become quite clear: Courtroom victories won't
save the Industry. Instead, the record companies should quickly create new business
models that would allow consumers to organize their music on computers and send it over
the net. So far, the big industry giants have been dragging their feet. They fear that
surrendering control of music distribution would mean losing revenue and royalties (Brull
50). 
There are signs that the industry is finally moving. On April 28, for instance, Sony
Music Entertainment Inc. began selling digitally delivered singles from Babyface, Pearl
Jam, and two-dozen other artists at its Sonymusic.com site (Brull 50). And on May 2, Sony
and Universal Music Group announced a joint venture to develop a subscription-based
service over computers, cell phones, and set-up boxes. But these ventures are little more
than baby steps. Sony's download service is a nonstarter because songs are priced at the
same level as CD singles (Brull 50). Moreover, the system restricts users' ability to
transfer files to their own computer or to other digital devices such as MP3 players.
Contrast that with Napster, which allows PC owners to share their music files that are
stored on their hard drives over the Net (Brull 50). Hundreds of thousands of users have
downloaded the program since it was shipped last summer. Each person has free access to
song files stored on other PCs, creating a virtual library of millions of tracks (Brull
50). Of course, Napster doesn't have to worry about getting paid every time songs are
downloaded, because it is free. 
Piracy on Napster might be infamous, but the company has a strong defense (Brull 50). The
Digital Millennium Copyright Act of 1998 mainly shields portals and directory sites from
liability unless they are directly involved with, or participating in an illegal
activity. Napster states that it ejects users found engaging in piracy (Brull 50), as
stated in Appendix A: "Termination of This License: Napster, Inc. may terminate this
license at any time if you are in breach of any of these terms and conditions of use.
Upon such termination you must and agree to immediately destroy all copies of the
software."
The problem here is that the record industry has no choice but to join more rapidly into
the fray or be left behind (Brull 50). But the biggest Napster effect has yet to come
(Levy 68). The legal system may be the last refuge of doomed business models (Greenfeld,
"Meet the Napster," 1). When Big Steel and the auto industry were under pressure during
the '70s from low-cost imports, their first instinct was not to change their outmoded
manufacturing plants, but to plead with the courts to bar the outlanders. The record
industry has taken a similar path, charging the distributors of digital music with
violating copyright laws and fair use agreements (Greenfeld, "The Digital Reckoning,"
56). 
According to David Boies, in an article written by John Heilemann, 
"It is not, for two basic reasons. The first is that this kind of noncommercial consumer
copying is recognized as fair use under common-law theories and doctrines, and under the
Supreme Court's criteria. And second, with respect to audio recordings - that is, music -
the Audio Home Recording Act directly says that noncommercial copying by consumers is
lawful" (Heilemann 1).
Therefore, the above states that what Napster does is not illegal, nor is it wrong. In an
interview with Mr. Edward Protzman, the question of whether or not Napster was a good
program was asked. Mr. Protzman replied that Napster was a good program for musicians
because the public could listen to their music and if they liked it, then they would be
inclined to buy that person's or group's CD. Because there are no obligations to pay for
anything with Napster, it can be considered a free sample of that musician's work. When
asked if he would put his own music on Napster he replied, "Sure, because its an
excellent way for new groups to break into the music scene. Not everyone can afford to go
public with popular major labels and it puts the musicians in charge of their music." He
also commented that many musicians publish their own albums, and that Napster gives them
a free chance to advertise their music.
Napster is a program that should not be shut down or even stopped, but supported and
worked upon. It is a program that enables the average everyday PC owner to find music
that is no longer produced, sold, or found in stores, catalogs, and/or specific online
sites. It is a free program that promotes sponsorship of new coming bands and groups and
despite what rumors say, Napster rejects piracy. The creators of Napster believe in free
music for everyone. Napster is a company that believes in the preservation of copyrights.
"The RIAA would like to pretend that the case is about Napster wanting to eliminate
intellectual property" (Heilemann 1). Intellectual property is made up of copyrights,
trademarks, and patents (Halloran 61). Nobody at Napster wants to eliminate intellectual
property (Heilemann 1), and no one at Napster violates any copyright laws, procedures, or
patents.
Bibliography
Ante, Spencer. "Shawn Fanning's Struggle." Business Week May 1, 2000: pp 197-198 
Barnhart, Clarence L., ed. Robert K. Barnhart, Ed. The World Book Dictionary. Chicago:
World Book Inc, 1996
Brull, Steven V. "The Record Industry Can't Stop the Music. Business Week May 15, 2000: p
50
Cohen, Warren. "Napster is Rocking the Music Industry." U.S. News & World Report March 6,
2000: p 41
Greenfeld, Karl Taro. "Meet the Napster." Time October 2, 2000:
http://www.time.com/time/magazine/articles/0,3266,55730,00.html
Greenfeld, Karl Taro. "The Digital Reckoning." Time May 22, 2000: p 56 
Greenfeld, Karl Taro. "The Free Juke Box." Time March 27, 2000: p 82
Halloran, Mark. The Musician's Business & Legal Guide. New Jersey: Prentice-Hall Inc.,
1996: p 61
Heilemann, John, "David Boies: The Wired Interview." Wired Magazine 8.10 October 2000:
http://www.wired.com/wired/archive/8.10/boies.html 
Levy, Steven. "The Man Can't Stop Our Music." Newsweek March 27, 2000: p 68
Protzman, Edward. Personal Interview. October 20, 2000.