An argument in favor of napster in internet mp3 controversy

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I looked at the SDMI web site yesterday. The industry would like to shut the Napster site down and hold its owners responsible for millions, if not billions, of dollars of penalties under the Copyright Act.

This is fundamentally different than with physical, personal property - I have a pipewrench, you take it from me; I no longer have the pipewrench, you do.

As battle lines have formed and preliminary arguments have been made, I've been watching from the sidelines and haven't yet developed any firm opinions about what's going on with digital downloads.

If I have a copy of a song and I make a copy for you, I haven't given up my copy - both of us now can enjoy the song.

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It stands to reason that when a good portion of the information in a CD file is dumped during the compression process that the compressed result won't sound as good.

This is, of course, incredible and ridiculous. I want the music to be transferable, I want to be able to bounce it from format to format, make copies for friends, and I don't want anybody to tell me that I can't.

An argument in favor of napster in internet mp3 controversy

Since , many musical artists, particularly those not signed to major labels and without access to traditional mass media outlets such as radio and television, have said that Napster and successive Internet file-sharing networks have helped get their music heard, spread word of mouth, and may have improved their sales in the long term[ citation needed ]. Along with the accusations that Napster was hurting the sales of the record industry, there were those who felt just the opposite, that file trading on Napster stimulated, rather than hurt, sales. Lessig believes that a likely scenario will be not direct, immediate government intervention, but rather that the commercial sector will be primarily responsible for erosions of personal privacy and freedom on the Internet. MP3 is to music and sound what a zip file or an Acrobat file is to text. There's a lot more to this than just goofy kids and record companies. I had been excitedly following the growth of the Internet, and particularly the implications for music and art. A fundamental reason why there is an MP3 phenomenon is that the music industry has failed, refused, to pick up the ball. A strange thing happened to me a couple of nights ago that has informed my internal debate. In other words, these labels are planning to charge more for a downloaded song than for the pro-rated value of the song on a CD you can buy in a store. The District Court threw the case out and the Ninth Circuit agreed. Given the rapidity with which things are happening, moreover, I would have had a difficult time deciding when to finish, since it always looks like something groundbreaking is right around the corner. Last week, NapsterFreedom made an agreement with Fairtunes to include a voluntary tipping button on a new Napster-like file-sharing program being developed by Topical Networks, the company that created NapsterFreedom. Napster's demise, if it comes, when it comes, will be too bad for everybody. The lawsuit also named several universities to be held accountable for allowing students to illegally download music on their networks, including the University of Southern California , Yale University , and Indiana University. The site lets the fan enter in a dollar amount, indicate the recipient and submit a credit card number.
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Metallica v. Napster, Inc.