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Napster incident according to legal and ethical
What are the legal issues with napster
Napster legal case study
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Napster, an idea from the head of a teenager redefined the Internet and the music industry forever. The Napster website concept is simple: its creator hoped to design a "program that allows computer users to swap MP3s with one another directly (aka Peer to Peer File Sharing), without going through a middleman. Napster had achieved a tremendous level of success, but it once was a controversial service that spurred what is still one of the greatest Internet-related debates: Just because we can get the music we want without paying for it, should we?, although it is technically a file sharing program that has a central server. However, this simple idea has caused one of the biggest Internet revolutions in history, growing in popularity. It has also caused retaliation from the Recording Industry Association of America, which has unleashed its anger in the form of many lawsuits against Napster for copyright infringement. Napster has also divided musicians and the music industry like no other issue in recent memory. In this essay I will speak about MP3, peer to peer file sharing, legal troubles, where Napster is now, and a conclusion of this all. (Hart)
First, MP3 crazes were fueled by sites like MP3.com. On these sites, anyone may upload a song. The songs are then stored on a server that is part of the website. After other users can connect to the site and download songs that have been uploaded. Another way of obtaining MP3 files is to perform a search on the title or artist that you are looking for. The search would return a lot of links that were broken, meaning that the page could not be found. In early 1999, Shawn Fanning began to develop an ideas to better this market of finding MP3s. He thought that there should be a way to crea...
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...ng payment and royalty fees for their songs being downloaded and shared. These artists should be getting money for their music being sold just like how they are given royalty money for selling CDs. The main reason for Napster being shutdown was the lawsuits for piracy. (Tyson)
After a US $2.43 million takeover offer by the Private Media Group, an adult entertainment company, Napster's brand and logos were acquired at bankruptcy auction by Roxio which used them to rebrand the Press play music service as Napster 2.0. In September 2008, Napster was purchased by US electronics retailer Best Buy for US $121 million. On December 1, 2011, Napster merged with Rhapsody. Best Buy will receive a minority stake in Rhapsody. On June 3, 2013, Napster became available in 14 more countries in Europe; it had already been available in Germany and the United Kingdom. (Chacksfield)
Singers and songwriters need to make a living somehow. They know that downloading music is a way to get their voice heard, but they also know that it is significantly hurting the business. "When your product is being regularly stolen, there comes a time when you have to take appropriate action," said RIAA president Cary Sherman (RIAA 1). There are a lot of people involved in the music scheme when it comes to who needs to get paid by the revenue. From the sale of one CD, singers get one small fraction of the cost, another fraction goes to song writers, musicians also get some of the profit along with retailers, engineers, technicians, warehouse working, and ever...
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.
Big time record companies and artist are losing billions of dollars due to people illegally downloading music files. The
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.
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.
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.
People pay low subscription fees to streaming services, and as a result of this, listeners can be exposed to new artists and help these artists become popular (“Music Industry”). New artists are exposed to more people as streaming services often increase the amount of artists that people listen to. While streaming services do result in more exposure for an artist, that’s where the benefits stop. One of the issues with streaming services is payment issues. "Public relations missteps in the early 2000s kept many musicians from speaking out about economic issues, artists and executives said... But the shift toward streaming in recent years has prompted many musicians to investigate the changes in the business and comment online (Sisario)." Artists are not being paid much for providing their music to streaming services, but these issues and artist protests are being ignored by executives of the services until a high-profile artist makes the wage disparity public. "Streaming services pay a lot less than downloads, with the artists receiving a fraction of a cent per play on the service. Newer artists could struggle with the level of payments offered by the services, opponents have argued (O’Brien).” Hardworking artists are not receiving as much money from streaming services as they did from people purchasing their albums. This
In 2000, Metallica filed a lawsuit against Napster and won. As a result, Napster banned about 300,000 of its users who were sharing Metallica songs. Soon after, the RIAA (Recording Industry Association of America) filed a suit against Napster and the file-sharing server was forced to shut down. [1]
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.
Plus, it still pays the artist every time their song is played or their music video is viewed on YouTube. In fact, they could make money from people having to listen to their music for free rather than buying it on iTunes or another
Consumers can do multiple things with the current era of digital music format. Most digital music is in the form of an MP3, a sound compressor that allows sounds to compress and move sound into very small
As successful as musicians are, many believe downloading music without payment should not be considered stealing; due to the justification that artists already reel in large sums of money because of the exposure the act brings. In this competitive industry, “without exposure, no one enables you to earn a living doing what you love.” (Ian), and downloading platforms such as, “Napster become the world’s greatest stocked record store - for free.” (Siegel). Thus, music acquired without a form of payment is beneficial for the artist, as it provides a revenue of new listeners, and extends their fanbase.
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...
Radio station then agreed to pay ASCAP royalties through a licensing agreement. Still most radio station were reluctant to pay the royalties, thus caused the creation of Broadcast Music Inc. Broadcasters tried to license the music themselves. The music industry has always faced three challenges: Attempts to control music content through music labeling, Overseas piracy and Protect music copyrights from Internet file sharing. In 1985 the Parents Music Resource Center called for recording companies to label their recordings if it featured any explicit content. Overseas music piracy cost the music industry over $1 billion dollars a year and control 18 percent of album sales. Internet file sharing sites such as Napster violated copyright laws and were sued by several artist and the RIAA. In 2003 the RIAA sued 261 individual for downloading free music. In June 2005 the Supreme Court announced a decision that shut down many free music software providers. Today the music industry is still trying to survive even with its rapid loss in income caused by free downloads. The music industry encourages legal downloading sites and paid streaming
As of late, the consumption of music online has turned into a noteworthy power in the media landscape. The web is affecting the music business similarly as it has affected other retail commercial ventures. The web's impact on the music business is particularly huge on the grounds that it can possibly change an industry controlled by a couple record labels that have possessed the capacity to reliably maintain high overall revenues. These record names appeared to be invulnerable because of critical statutory security and in addition a strong, firmly controlled strategy for dispersion. Nonetheless, computerized dissemination the conveyance of downloaded music from the web - is debilitating to change this entrenched framework.