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Ethical issues faced by napster
Napster case study analysis
Ethical issues faced by napster
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Napster Problem or Solution In mid-1999, 19 year old Northeastern University student Shawn Fanning designed a computer program that allowed one to log on to a central server, and be able to download mp3 music files from another computer at lightning speed, with great ease. He called this program Napster, after his old high school nickname. Since it's inception, Napster has sparked court cases involving every major record company in North America, and created a worldwide debate about copyright infringement and it's effects on the music industry. Napster is a peer to peer file-sharing program designed specifically for the exchange of MPEG 1 Layer 3,also known as MP3, digital audio files. These files are super-compressed audio that would normally be more than ten times larger than they are as MP3s. This is because MP3s special coding cuts down on file size while maintaining nearly all noticeable sound quality. Because of this people use MP3s to record songs and store them on their computers. They can be played using many different pieces of audio software available such as Nullsoft's Winamp and Microsoft Windows Media Player. Napster is designed to facilitate the easy searching and exchanging of MP3 files by allowing users to search for specific songs or artists and displaying a list of those songs available through other Napster users. This is great for users who want to enjoy free music but the record companies aren't quite as happy about this. They are concerned that Napster steals money from them and the artists that they represent. This is because if Napster users get songs for free from other users, they won't be paying the record companies for CDs. Luckily for the record companies, ther... ... middle of paper ... ... examine how many users would cease to use Napster with its proposed subscription charge. There are several other programs available that, since they have no central server, would be impossible to shut down. These programs, on the other hand, are not as user friendly as Napster, and therefore some users may decide to pay for its ease. As one can deduce from the information presented in this essay, the court case involving Napster and the Recording Industry Association of America is a complex one with no definite right answer. It seems impossible to please the artists, the record companies, and Napster users all with one solution. In the meantime, Napster is a huge force in the dynamic of music today and continues to be enjoyed by thousands of users every day. Bibliography: http://www.napster.com http://www. time.com TIME magazine archives
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.
So why are people like Metallica and Dr. Dre so angry with Napster? One reason, unrelated to record sales, is that Napster offers unperfected versions of unreleased songs that these artists do not want released until they are completed.
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).
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.
Napster does not condone copyright infringement, there is no opportunity in the software to stop this, or for royalties to be paid to the song belongs to. The reaction from recording artists, record labels and other music industry players has been varied, but primarily anti-Napster. The first action to be taken against Napster was by the band Metallica. In April of this year, they sued Napster Inc for copyright infringement.
Napster and similar tools have done is make this sharing of files much easier (Newsweek).
Most recently the Supreme Court had to decide whether it was fair or not for music fans to download their favorite songs free of any royalties to the artists. The program, design by two college students, is named Napster and its designed to allow the sharing of mp3 music files over the Internet. Currently, the program is still available and operating with much support from its users.
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 mass production of free, high-quality re-recorded music became a serious threat to the music industry" ("Music Industry"). This mass production is costing artists and producers money that they would have made from people buying their music. Listeners have turned to streaming services as a cheaper alternative to purchasing to songs they love. Streaming services have increased the availability of music, which one may think is a good thing but is in fact a fulmination to the music industry because artists are not making as much money as they would have if songs were being purchased individually. People who worked in the music industry had showered praise on to streaming services, considering them a savior that would help the music industry and increase revenue, but they instead had an adverse effect on music sales and artist salary (O’Brien). Streaming services have led to protests from artists on many different levels due to the amount of payment that artists are receiving. "Prince, Neil Young and Ms. Swift have withdrawn their music from some streaming outlets, and various musicians have called for greater transparency in how the music industry operates (Sisario).” While the protests have been successful, it is only when famous high-level artists bring attention to the issues. This controversy is one of the negatives of streaming services because
You kind of have to wonder if the downloading of mp3s really hurt the recording artists. When the artist makes a CD, they make relatively little money from it. Most of the millions that an artist makes is from merchandising and endorsements. Most of the money from CD sales goes to the record industries executives. In an article from Young Money, Meredith Corbin states that “the executives from the recording industry should change the way they operate by either lowering the price of CDs or taking a pay cut.
...P, 2005, p 23) Around 2005 cell phones and PDAs were referred to as Swiss army knives of gadgets due to the fact they had many functions in one device. All the big phone companies at the time were premiering phones with more mp3 storage than mp3 player, essentially foreshadowing the future. (Dempsey, P, 2005, pg. 23)An average smart phone in the year 2014 can hold around 8-16 gigabytes of data, and if storage is allotted correctly, the phone can hold thousands of mp3s. Any mp3 player trying to have a foothold in the consumer market cannot compete with a device that is an essential part of an average person’s daily life, and a music player. “Smartphones with increasingly high-quality audio and video capabilities have become popular and therefore hamper demand for products in the Audio and Video Equipment Manufacturing industry.” (Krabeepetcharat, T. 2013. p. 8)
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...
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...