Napster Contravercy Essay, Research Paper

From the writings of Burke I get the understanding

that he believes that representation is done through

the idea of symbols; symbol making, symbol using and

symbol misusing. He believes that we use language,

that we use it best in a nonverbal way in which we all

can understand. And that language verbal or not is the

essential key to all representations through any lens

or idea. He also believed that we invented the idea of

anything to be negative and that we are what makes

things negative. 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. 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. The case was settled out of court when

Napster agreed to ban some 300,000 users who had

allegedly downloaded Metallica songs. Again in June

Napster Inc was sued for copyright infringement by The

Recording Industry Association of America, a trade

group representing the US recording industry, alleging

“Napster is… enabling and encouraging the illegal

copying and distribution of copyrighted music”. And

the fact that Napster is free and more convenient than

visiting a record store makes it an appealing way to

get music for consumers. The problem the record

companies have is that there is no way of regulating

who has access to the information, and hence no way of

profiting from it. This is where Burke, had said that

people take things and people are what make them

negative. It is obvious here, that the record

companies and a scared panic have seen Napster as an

easy scapegoat and have tried to show it in a negative

light so that Napster will not benefit from them any

longer.

But that is just the views of the major Record labels

and music industry players, Other artists and record

labels have responded to the advent of Napster and

similar applications in a more positive way, embracing

the new technology rather than rejecting it. On their

website, the Offspring says “MP3 technology and

programs such as Napster are a vital and necessary

means to promote music and foster better relationships

with our fans.” Interestingly enough, the Offspring’s

last album, Americana, was made available online

illegally before commercially released, yet it is the

band’s best-selling album to date. Furthermore, a

number of surveys have proven that Napster users

actually buy more CDs, after ’sampling’ the songs

online. These are the ones who believe that the major

music players are just afraid to lose a dollar and

that we can see who the real sell outs are because

they will be the first ones to accuse Napster just

because of a little hard times.

So this shows that through Burke’s lens, we use

symbols, that being the way that different groups are

portraying Napster right now. That some people see it

as a good thing that it is helping them, and that some

people see it as stealing and ruining the Record

Industry. Also we have seen that people invent there

own Negatives. How one band, like offspring can show

us that napster helps record sales, yet another band,

Metallica says that napster is ruining there sales and

that what people are doing is stealing. All of these

ideas of Metallica, all things that they had to come

up with in an effort, they were hoping, they would

save there industry and still make millions. And Burke

also say that we find a way to seperate ourselves from

the way things start out and do. The way that napster

started out was just free sharing of Mp’s online, and

now we have stepped away from that and it is now an

issue of stealing and whether or not money should be

made off of people downloading songs.

And there are many different ways to say in this

situation who is right and who is wrong. There are

also many answers to what can be done to settle this

problem. The option of Napster paying royalties to

artists whose songs are downloaded would be a positive

move because it would mean that artists receive fair

compensation for their work. However, on the other

hand, to support the enormous cost of such a move,

Napster

would either have to turn into a paid subscription

service, or show advertising. Added to this, the cost

of modifying the application, and working out a way to

determine what songs have been downloaded, the

administration costs for Napster would skyrocket. The

option of a cooperative effort with the music industry

has the advantage of being totally legal and stopping

all conflicts between Napster and the RIAA. However,

such a model would mean a great reduction in the

number of songs available and would eliminate the

’sharing’ aspect of the program. There is also the

idea of no one taking on the company name of napster.

The advantage of the anonymous peer-to-peer model is

that if no corporation, individual or other entity

claims ownership, no one can be sued. And because no

files are stored on the central server, no copyright

is being infringed there. The disadvantage of this

method, would be that Napster would still be breaking

the law, and undoubtedly new legislation would be

brought in and measures would be taken to stop the

service. Furthermore, if Napster could not take credit

officially for their software, then they could not

profit from it.

I believe that Napster is a great source for music

and should not be changed. I thing that the people who

have a problem with it are money grubbing weasels who

already make millions. I think that Napster is a great

place to come and get a song and if you like it then

go out and get the whole album instead of making the

mistake of buying an album and then finding out you

only like one song on it. So I say, screw Metallica

and the five major labels against Napster. There is

nothing wrong with the sharing of music online.The

advantage of the anonymous peer-to-peer model is that

if no corporation,

individual or other entity claims ownership, no one

can be sued. And because no files

are stored on the central server, no copyright is

being infringed there.

The disadvantage of this method, would be that

Napster would still be breaking the

law, and undoubtedly new legislation would be

brought in and measures would be taken

to stop the service. Furthermore, if Napster could

not take credit officially for their

software, then they could not profit from it

Bibliography

References:

Napster – http://www.napster.com/ – 20/8/00

Gnutella – http://gnutella.wego.com/ – 20/8/00

FreeNet – http://freenet.sourceforge.net/ – 20/8/00

E-Music.com – http://www.emusic.com/ – 21/8/00

MP3.com – http://www.mp3.com/ – 22/8/00

RIAA / Who We Are -

http://www.riaa.com/About-Who.cfm – 3/9/00

RIAA / Napster -

http://www.riaa.com/napster_legal.cfm – 3/9/00

RIAA / On Deck / FAQ on Napster and Digital Music -

http://www.riaa.com/Napster.cfm – 3/9/00

About Us – http://www.freeballer.com/AboutUs.html

The Offspring :: MP3 Technology and Napster -

http://www.offspring.com/napster.html – 3/9/00

We will Block Napster at Source – Sony Exec -

http://www.theregister.co.uk/content/6/12780.html -

3/9/00

Napster bans most Alleged Metallica Pirates -

http://www.theregister.co.uk/content/archive/11131.html

- 3/9/00

Metallica to Shame – but not name – Napster Pirates

-

http://www.theregister.co.uk/content/archive/10613.html

- 2/9/00

MP3 Fans buy more CDs than non-fans – survey -

http://www.theregister.co.uk/content/archive/12647.html

- 4/9/00

Napster Boosts CD sales – survey -

http://www.theregister.co.uk/content/1/12093.html -

4/9/00

Napster Details Copyright Case Defence -

http://www.theregister.co.uk/content/archive/11750.html

- 2/9/00

US Appeal Court sets Date for Napster Trial -

http://www.theregister.co.uk/content/1/12909.html -

2/9/00

Napster Loses Preliminary Hearing -

http://www.theregister.co.uk/content/archive/10729.html

- 2/9/00

Napster throws Metallica a Curvevall -

http://www.salon.com/tech/log/2000/05/10/napster_metallica/index.html

-

31/8/00

Napster to Face Music in Courtroom -

http://www.usatoday.com/life/cyber/tech/review/crh121.htm

- 2/9/00

Napster is Ordered to Halt Swap of Music -

http://www.latimes.com/business/reports/musicweb/lat_napster000727.htm

- 2/9/00

AOL Unit Runs Napster-like Search Engine -