Napster (off topic but music related)

Robert Goodale rrg@nevada.edu
Tue, 03 Oct 2000 11:26:37 -0700


Has anyone besides me been following the hearings on the Napster
controversy?  Now THIS is interesting.  For those not familiar, Napster
is an internet hub where users can log on and exchange music files in
what is known as mp3 format, (a mutated Jpeg file layered and converted
to transmit CD quality audio).  This system has become an unbelievable
success.  It was started about a year ago by a 19 year old college drop
out who did the programing in his dorm room.  It is now used by hundreds
of thousands of users at any given time.  The system works not by a
central web server, but rather it allows users to directly share files
by accessing each other's hard drives.  The system will ONLY read mp3
files and since an mp3 file is not in itself executable there are no
security risks.

The controversy stems from whether or not it is legal to share music
among your peers via the internet.  Until now copyright laws have
strictly prohibited the copying or distribution of music without
expressed written consent by the publisher and/or composer.  There is a
supreme court decision now in progress, however, that could change all
of that.  Earlier this year a lower court judge ruled in favor of
Napster.  Yesterday a panel of three Supreme Court judges heard
testimony by attorneys from both Napster and the recording industry as
represented by A&M records.  Although no ruling has been made, the
judges have again agreed to allow Napster to remain on line.

It would appear that the era of music recording copyrights could be
coming to an end.  Traditionally the courts have ruled in favor of the
consumer in this area.  You may recall that in 1984 the Supreme Court
ruled in favor of Sony saying that it was legal for consumers to record
television programs via video tape.  This ruling opened the flood gates
for the VCR manufactures which have been with us ever since.  This
appeal of course was made long before Sony was in the recording
business.  Had this case been brought up today Sony may have an entirely
different attitude.  Other landmark decisions include upheld arguments
of consumer's rights to make digital recordings.  This started as a case
against the use of DAT machines which at the time were headed toward the
home market.  As it turned out DAT pretty much remained in the studio
and never hit it big with consumers.  Nevertheless the Supreme Court
ruling gave consumers the legal right to record music in digital audio.
Next recording companies tried to stop CD burners, machines which allow
consumers to record there own CDs.  This argument stemmed from the
consumer's right to store computer data on CD's, however the technology
also allows audio recordings since it uses the same technology and the
two cannot be separated.  Again the courts ruled in favor of the
consumer.

Today the internet has been accepted as public domain and has become the
ultimate test for free speech.  Since the internet knows no
international boundaries it is nearly impossible to govern and no court
has come even close to trying and probably never will.  The only
exceptions have been for the distribution of illegal materials such as
child pornography.  Even this, however, can be difficult since arrests
and prosecution of such cases can only be made if the offender's web
server/account is in the U.S. or other country which has adopted similar
laws.  Threatening e-mail is also illegal, however this falls more under
postal laws.

Out of curiosity from hearing about this case I down loaded the free
software and logging on to Napster for the first time yesterday to see
what this was all about.  I was absolutely amazed to discover the amount
of the music available for downloading, literally thousands of titles.
The music is CD quality digital stereo and with a free third party
plug-in the files can be instantly converted to wave format for burning
onto a CD.   This admittedly is a very attractive resource.  Admittedly
I have downloaded several pieces that I have always wanted but would
never otherwise have gone out of the way to purchase.

This will be a very difficult ruling and so far the courts have allowed
Napster to remain on line and operational.  Although Napster's
technology invites the violation of current copyright laws, it does not
prevent anything that the court has already agreed to, that being the
use of CD burners by the consumer.  DVD burners are expected to be
available within the next year or so.  With certain freedoms of the
internet at stake and the traditional judicial sympathy toward the
consumer's rights of making recordings is is very conceivable that the
19 year old kid who invented Napster may change the rules forever.  As
one talk radio host stated yesterday, "the genie is already out of the
bottle and it will be very difficult to put him back in now that the
technology is already here".  In spite of Napster's existence CD sales
are at an all time high.  The use of video cassette recorders has not
appeared to have effected movie theater attendance.  Napster users
openly admit that the material they download is primarily music they
would otherwise not go out of their way to buy.  There is also non
copyright music available on Napster and again since the two cannot be
separated this makes things even more difficult for the courts to
decide.  Napster only provides the connection and has no way of
controlling it's users.

I would be curious to hear other's comments on this.  Has the era of
internet music arrived?  Is it even possible to stop it now that the
technology has arrived?  Have the supreme court's past decisions already
dug the grave?   What will this mean for the future of the recording
industry?  It has been suggested by experts that artists may soon bypass
recording distributors entirely and go directly to the internet.  Is
this the future of the music industry?  Has anyone else on the list used
Napster?


Rob Goodale, RPT
Las Vegas, NV




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