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Ethical issues faced by napster
Ethical issues faced by napster
Ethical issues faced by napster
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Sean Fanning and Sean Parker originally intended for Napster to be a “peer to peer” file-sharing program. Napster changed the way we as a community shared files. Instead of going out and buying a CD from one of your favorite artist, rather you could download their latest single and create your own CD rather than buying just one CD because you only like one of the songs. Instead you were converting different music files into MP3. These changes caused the Music Industry to take a hit singles were being released before they were even suppose to come out. CD sales dropped. The Record industry became outraged, even musicians started getting fed up. When it comes to the whole Napster vs. RIAA I had no idea that it was as huge as it was. I can understand
why musicians were outraged but downloading music isn’t anything new. Personally, I feel if Napster had worked something out with the RIAA there could have been a happy medium to this whole ordeal.
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.
First, I would like to touch on the aspects of Napster that has aided the record sales industry. Take these facts into consideration when contemplating my argument. The highest selling group album sale was the new N'Sync CD, selling over 1.4 million in its first week of sales. Add this to the highest debuting solo artists; Brittney Spears and Eminem, each selling over 1 million in their first week on the shelves. All of these examples were available on Napster at the same time they were made available in stores.
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.
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.
The approach that was taken by the music industry to take down file sharing service was to attack it from all sides – Napster was hit with several lawsuits from different sectors of the music industry. First to hit was A&M Records. A&M Records was actually not a single record label, but a group of plaintiffs that were all members of the RIAA, the Recording Industry Association of America. Some of these plaintiffs include Sony Music Entertainment, Virgin Records America, Universal Music Group, and Warner Bros. Records. When Napster was issued a preliminary injunction by the District Court, it appealed the decision at the Ninth Circuit. I chose to focus on the District Court case because it was where the arguments were ...
which gives artists the exclusive rights to their music from the moment of its creation until,
There are several ethical issues involved in this case. First is the theft of the copyrighted music produced by artists who have not given Napster the right to transmit their music. Secondly, is the right of Napster to provide a legitimate service to consumers, and how that right has been attacked by artists in the recording industry. There are, indeed, two sides to this story.
Recently, there has been a series of copyright infringement litigations against Internet businesses that are involved with unauthorized distribution of music files. The US recording industry claims to lose three million dollars per year because of piracy. A report predicted an estimated 16 percent of all US music sales, or 985 million dollars would be lost due to online piracy by 2002 (Foege, 2000; cited from McCourt & Burkart, 2003) Even though this claim has to be taken with caution, as it is based on false assumption that if copyright laws were strictly enforced, audio pirates would become buyers, it is apparent that audio piracy grew to a worrisome level for the record industry. (Gayer & Shy, 2003)
Napster was created in 1999 by a college dropout named Sean Fanning. Napster allows users to swap digital song files over the internet easily and most of all free. Millions of people used Napster to retrieve almost any song a person could think of, for example, songs that are current number one hits to the other songs from the "one-hit-wonders." Napster created a way for people world wide to exchange or share music files quickly and easily. This causes the ethical dilemma on whether trademark rights are being infringed or is "sharing" the music files legal and ethical.
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.
What would people do without music? Music is very important and is a great part of people's lives. Many people have now been using SoundCloud for music and also to become bug rappers/singers. Soundcloud is an app that streams music for free and builds many young rappers careers. Soundcloud is a better app than other apps for music because it's free to publish music, rappers are now famous for it, and is a very well known source for music.
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]
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.