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The digital music distribution revolution
Napster incident according to legal and ethical
What were the legal issues Napster had
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Recommended: The digital music distribution revolution
Ripping The personal computer and its widespread use in the homes of consumers is a great place to start when looking into how piracy is mainly conducted today. Personal computers equipped with compact disc players and the correct software allowed users to be able to copy a song in file format onto their computers hard drive. This process is referred to as ripping. In the early days just as with computers themselves there were many file types floating around. MP3, Wav, WMA (windows media), AIFF, Real audio, and M4A to name a few. The file that stuck the most in the early days of ripping was MP3. Ripping itself is not an illegal operation. Consumers have always had the right to copy media that they have purchased as a backup. Things become illegal when these individuals take files that they have ripped and begin to copy and distribute them to others. This could be done in a number of ways. Removable media was originally the most common way this was done. Removable media could include compact disc and other removable storage devices or portable …show more content…
The one thing that everyone should be able to agree on is that Napster’s arrival took the world by storm and changed everything. The site grew to be the number one place for peer-to-peer file sharing in the nation and possibly around the globe. This huge amount of traffic made Napster the target of law enforcement and the whole recording industry. Artist, record companies, publishing companies, and radio all felt that Napster and similar P2P networks were capable of causing an immense amount of damage to their business models and bottom line. Not only had Napster become the target of all sorts of litigation, it also birthed similar sites such as Limewire, Bearshare, and Kazaa. Each of these sites may have had slight differences but they all pretty much operated in the same fashion as
The RIAA believe that Napster has helped users infringe copyright. The threat of the lawsuit has been around since the conception of Napster and was actually filed four months after Napster went on line. The case is not as clear-cut as it first appears. RIAA argues that most of the MP3's on Napster's site are mainly pirated. Therefore, by Napster allowing and actually making it easier for users to download MP3's this means that they are assisting Copyright infringement.
Most people, like I originally thought, would tend to believe that Napster would reduce record sales. However, as evidenced in my statistics earlier, record sales have been booming since Napster has become available to the public. But what is the reasoning behind this phenomenon? The digital music provider acts almost as a free advertising site for all musical talents, popular or otherwise. Bands can put their music out into the World Wide Web for all people to enjoy. This free music allows people to test out music and see what they like. Many people, if they enjoy something they hear, will venture out to the record store and buy a copy of the group's album. The final aspect that I will endorse Napster on is that it sponsors tours and features different bands on its website. This is a final form of marketing that helps get groups known in the general public and help to boost record sales.
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).
In this case, there are three main effects of Napster on the recording industry. The first one is that it caused a large decline in record sales in a short time. According to this case, the spending on recorded music in U.S dropped 4.1% in 2001 and the industry’s top 10 albums also sold much less compared to the year before. The second effect is that it cased the sales of CD burners, blank CDs and digital audio players increase and nowadays, most new computers come with CD-RW drives installed, which means people can easily store downloaded music, share music with friends and take it with them anytime as well. The third effect is that it increased the cost of recorded music. Once people can download free music through peer-to-peer software services, they have less incentive to buy original editions, which will make recording industry spend more to fight against copyrights and invest more in new artists and new music. Overall, these three effects make the recording industry go through a hard time.
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.
...ed “torrenting”. When something is “torrented”, it is spread across multiple computers in hundred of fragments. After someone has there “torrenting” software setup properly it tracks the fragments, downloads them, and re-assembles them into a duplicate of the original file. Torrenting is most common because it provides a degree of anonymity too music sharing, it is safety in numbers.
MP3 and require specialized players which decompress the files and then play the audio files like a
Throughout time, people have resorted to stealing in order to obtain items instead of buying them. It became a problem so consequences were made. Even dating back to the Ten Commandments there were laws against stealing. Recently, theft has become a problem over the internet. Musicians and music companies have lost millions in revenue. Websites such as Napster, The Pirate Bay, and Pandora have made it extremely easy for people, specifically teens, to illegally download and or listen to music for free. Pirating music has become a problem especially because “91 percent of all new music was downloaded illegally over the Internet instead of purchased,” says Logan Lynn from Huffington Post (Lynn). Many, such as the RIAA claim that music piracy is “an ongoing and evolving challenge,” (Who) while others suggest that it is “keeping the music industry alive,” (Issacson).
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)
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.
Piracy is a form of theft. Specifically, it refers to the unauthorized copying or use of intellectual property. Intellectual property is knowledge or expression that is owned by someone. There are three major types of intellectual property: 1) creative works, including music, written material, movies, and software, which are protected by copyright law; 2) inventions, which are protected by patent law; and 3) brand-name products, which are protected by trademarks. Many of the issues surrounding piracy have to do with the difference between intellectual property and physical property. A CD, for example, is a piece of physical property, but the songs on the CD are intellectual property. A customer in a record store can purchase a CD, but someone else still owns, or more precisely, has the copyright to the songs on the CD.
Not only is downloading this media illegal, it is also morally wrong. It is our responsibility to know the difference between right and wrong - downloading this media is something that shouldn’t be done. The artists that create the CDs pay a lot of money to make the CDs for our pleasure, and in return they expect everyone to pay for their CDs (its how they make their money). In this respect, downloading illegal music through peer to peer networks is the equivalent to stealing a CD from an actual store.
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.
Illegal downloading can also be known as piracy. Piracy is defined as stealing a piece of music in which the composer or recording artist did not give consent for. It is the stealing of music from people such as songwriters, musicians, record label employees, and everyone else who put hard work into it. There are some people who see no problem with downloading music from the Internet but it presents three main problems. The first problem is that the music will mostly likely not have g...