Napster Essay, Research Paper

Napster is the world’s leading Internet-based file sharing community. Founded in May 1999 by Shawn Fanning, this software application enables users to locate and share music files from one convenient, easy-to-use interface. It also provides music fans with a forum to communicate their interests and tastes with one another via instant messaging, chat rooms, and a range of other features.

above:(left to right) Hank Barry, CEO of Napster Inc., with Shawn Fanning

Shawn Fanning is the face of Napster, fostering new advances in the development and growth of technology and business. He developed the original Napster application and service in January 1999 while a freshman at Northeastern University. Shawn combined the practicality of sharing personal music and finding MP3 files online, with the community features he enjoyed in Internet Relay Chat (IRC). When a beta version of Napster was named “Download of the Week” and received over 300,000 hits at download.com, Shawn realized the commercial potential and decided to pursue its development full time. However, while the file-swapping system had become wildly successful, it had also knowingly committed copyright infringement since its inception by not policing the use of artist?s songs. Unsurprisingly, it wasn?t long before a number of musical groups began to voice their outrage.

Napster is the world’s leading Internet-based file sharing community. Founded in May 1999 by Shawn Fanning, this software application enables users to locate and share music files from one convenient, easy-to-use interface. It also provides music fans with a forum to communicate their interests and tastes with one another via instant messaging, chat rooms, and a range of other features.

above:(left to right) Hank Barry, CEO of Napster Inc., with Shawn Fanning

Shawn Fanning is the face of Napster, fostering new advances in the development and growth of technology and business. He developed the original Napster application and service in January 1999 while a freshman at Northeastern University. Shawn combined the practicality of sharing personal music and finding MP3 files online, with the community features he enjoyed in Internet Relay Chat (IRC). When a beta version of Napster was named “Download of the Week” and received over 300,000 hits at download.com, Shawn realized the commercial potential and decided to pursue its development full time. However, while the file-swapping system had become wildly successful, it had also knowingly committed copyright infringement since its inception by not policing the use of artist?s songs. Unsurprisingly, it wasn?t long before a number of musical groups began to voice their outrage.

Metallica strikes back

The world famous heavy metal band Metallica were one of the first commercial-rock artists to take a stand, suing Napster Inc. for blatant copyright infringements. Metallica had challenged Napster not only because they were outraged that their recordings were being duplicated and distributed without their consent. Metallica also wanted to support the many less prominent artists who were unable to fight Napster or any other corporation trying to undermine their art and well-being. Thousands of artists depend on record royalties to survive, to support

their families and to create new music. The theory that Metallica had put forward was that Napster takes royalties from these artists without due compensation. Fundementally, most musicians can only keep themselves in business if people buy their music, as opposed to getting it free of charge from Napster. Consequently, after a long and arduous court battle, Napster agreed to remove any of their registered users who had downloaded musical content illegally that was copyrighted by Metallica. Over 300000 users were permanently banned for having the copyrighted material in their possession.

The survival of Napster

Although many modern artists have voiced their outrage on Napster, some even taking legal steps to ban it, a number of well known musicians have chosen to embrace the new technology. Hugely successful rock artists such as Limp Bizkit, The Offspring, Hole, and Motley Crue have become leading advocates of Napster. All publicly support it and even encourage fans to trade their music files. Fred Durst (flamboyant frontman of the latest rock success, Limp Bizkit) strongly supports Napster. He is such a strong advocate of the service, that he and a number of other bands allowed their next concert to be sponsered by the American-based company. However, while a strong support base such as this is helpful when in the public eye, it doesn?t affect the legal proceedings that Napster has endured over the past few months. On the 20th February of this year, the company had offered to pay a total of one billion dollars to BMG Inc. in an out of court settlement for the file-swapping service to be converted into a ?pay & play? subcription service. While a workable model had not yet been constructed, the money gained by charging users would be paid to various record companies and independent artists. The settlement for the time being, has quietened the debate over Napster?s existence, however the music industry is still trembling in the wake of the decision. It seems apparent that the industry as it is known today could change at any minute, with conservative artists and recording companies at risk of being left behind. For now though, the Over the a period of five years, Napster has agreed to licensing fees over the next five years after five different record companies record companies agree to drop their copyright infringement lawsuits aid Tuesday (February 20), according to wire service reports.

Napster Inc. may have to shut down its popular music-trading service in the wake of an appeals court ruling that says Napster must prevent users from trading copyrighted music, the company said.

The ruling, handed down Monday (February 12) by the Ninth U.S. Circuit Court of Appeals, upheld almost all aspects of an injunction against Napster issued by a lower court in July.

Napster reportedly has offered to pay $150 million a year to major labels and $50 million a year to independent labels and artists.The company, along with its partner Bertelsmann AG ? parent of major label BMG Entertainment ? told reporters Tuesday that it has made the offer to each of the other four major labels, though none has yet accepted.

Left unchecked, Napster threatens the livelihood of every writer and musician. Except for the most established artists, Napster will also eliminate the funding from record labels needed to pay the significant costs of making and marketing new records. The irony of this all is that Napster could lead to a future with far less music, rather than more.

The world famous heavy metal band Metallica were one of the first commercial-rock artists to take a stand, suing Napster Inc. for blatant copyright infringements. Metallica had challenged Napster not only because they were outraged that their recordings were being duplicated and distributed without their consent. Metallica also wanted to support the many less prominent artists who were unable to fight Napster or any other corporation trying to undermine their art and well-being. Thousands of artists depend on record royalties to survive, to support their families and to create new music. The theory that Metallica had put forward was that Napster takes royalties from these artists without due compensation. Fundementally, most musicians can only keep themselves in business if people buy their music, as opposed to getting it free of charge from Napster. Consequently, after a long and arduous court battle, Napster agreed to remove any of their registered users who had downloaded musical content illegally that was copyrighted by Metallica. Over 300000 users were permanently banned for having the copyrighted material in their possession.

The survival of Napster

Although many modern artists have voiced their outrage on Napster, some even taking legal steps to ban it, a number of well known musicians have chosen to embrace the new technology. Hugely successful rock artists such as Limp Bizkit, The Offspring, Hole, and Motley Crue have become leading advocates of Napster. All publicly support it and even encourage fans to trade their music files. Fred Durst (flamboyant frontman of the latest rock success, Limp Bizkit) strongly supports Napster. He is such a strong advocate of the service, that he and a number of other bands allowed their next concert to be sponsered by the American-based company. However, while a strong support base such as this is helpful when in the public eye, it doesn?t affect the legal proceedings that Napster has endured over the past few months. On the 20th February of this year, the company had offered to pay a total of one billion dollars to BMG Inc. in an out of court settlement for the file-swapping service to be converted into a ?pay & play? subcription service. While a workable model had not yet been constructed, the money gained by charging users would be paid to various record companies and independent artists. The settlement for the time being, has quietened the debate over Napster?s existence, however the music industry is still trembling in the wake of the decision. It seems apparent that the industry as it is known today could change at any minute, with conservative artists and recording companies at risk of being left behind. For now though, the Over the a period of five years, Napster has agreed to licensing fees over the next five years after five different record companies record companies agree to drop their copyright infringement lawsuits aid Tuesday (February 20), according to wire service reports.

Napster Inc. may have to shut down its popular music-trading service in the wake of an appeals court ruling that says Napster must prevent users from trading copyrighted music, the company said.

The ruling, handed down Monday (February 12) by the Ninth U.S. Circuit Court of Appeals, upheld almost all aspects of an injunction against Napster issued by a lower court in July.

Napster reportedly has offered to pay $150 million a year to major labels and $50 million a year to independent labels and artists.The company, along with its partner Bertelsmann AG ? parent of major label BMG Entertainment ? told reporters Tuesday that it has made the offer to each of the other four major labels, though none has yet accepted.

Left unchecked, Napster threatens the livelihood of every writer and musician. Except for the most established artists, Napster will also eliminate the funding from record labels needed to pay the significant costs of making and marketing new records. The irony of this all is that Napster could lead to a future with far less music, rather than more.

Bibliography

www.napster.com/pressroom

www.cnn.com