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ARGUMENTS AGAINST NAPSTER SHUTDOWN.   Term Paper ID:28514 Click to get this paper

Essay Subject: Discusses 6 reasons why free music service should continue. Copyright infringement issue. Cites reports.... More...

6 Pages / 1350 Words 6 sources, 10 Citations, MLA Format $24.00 Return to List of Papers

Paper Abstract: Discusses 6 reasons why free music service should continue. Copyright infringement issue. Cites reports. Paper Introduction: This paper takes the position that it is not in the best interests of the public for the government to shut down Napster. The company, which was founded last year, is one of the Internet's fastest-growing Web sites and enables users to find and trade songs between computers, free of charge. In December 1999, Napster was sued by major record companies which contended that the company was contributing to copyright infringement. Napster should be allowed to continue its free service for the following reasons: 1. The Napster concept is cutting edge technology; its high powered connections are fast, easy and convenient. The Napster concept could revolutionize infotech and energize the PC industry. 2. Napster technology can help everyone involved in music-consu Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. These artists believe the non-commercial use of music is healthy. Napster claims that what it is doing isnot a copyright violation. The Napster legal defense depends on four arguments, all of which makea good case for why Napster should not be shut down. This paper takes the position that it is not in the best interests ofthe public for the government to shut down Napster. Statements issued by Napster founder Fanning and the company's CEOHank Barry after the temporary stay of injunction was granted expressed theview that the Napster technology can help everyone involved in the musicindustry -- the consumers, the artists and the recording companies("Napster Granted Temporary Reprieve Against Injunction,"www.mtv.com/news/headlines,). (July 21, 2 ). Deborah Jay, President of a SanFrancisco research firm, indicated that 38 percent of college students saidNapster had no impact on their music purchases and 22 percent said Napsterhelped them decide what music to purchase. However, since free musicis already available though other sources, the lawsuit, if successful, willnot prevent users from obtaining songs via the Internet free of charge. Thefourth argument in favor of Napster depends on an antitrust defense. Many recording artists support the Napstertechnology including Prince, Public Enemy (Chuck D), Courtney Love, MotleyCrue, Smashing Pumpkins, Neil Young, Cypress Hill, The Offspring, amongothers. The current lawsuit is a major legal battle over whether Napsterpromotes music piracy by making available at no cost the transfer ofdigitally encoded MP3 music files. (June 26, 2 ). The secondargument depends on the Sony Betamax case of 1994 in which Sony was foundnot guilty of copyright infringement because although a video tape recordercould be used for infringing purposes, it also has legal purposes. The VNU report said data suggests that onlinefile sharing has caused a loss of album sales in the college market.However, this report also stated that "there is nothing to suggest thatNapster in late 1999 and early 2 had any impact on the course of sales."("Napster: Music's Friend or Foe?" www.wired.com) Several other reports also indicate that Napster may be good for theonline music business. Since the users of Napster are not violating copyright, "thanthere is no infringement for Napster to enable or contribute to" ("NapsterLeaps to its Own Defense," www.thestandard.com). www.mtv.com/news/headlines. The Napster concept is cutting edge technology; its high poweredconnections are fast, easy and convenient. The thirddefense for Napster falls under the Digital Millennium Copyright Act of1998. This was the basis of the government'slawsuit against Microsoft. Works CitedBerenson, Alex. Napster encourages positive values by working like a co-op. Therefore, Napster acts as "a catalyst for sales"("Napster Leaps to its Own Defense," www.thestandard.com). Another report, commissioned by digital rights management firmReciprocal and produced by market research firm VNU was used in the RIAAlawsuit against Napster. Theindividual users of Napster are engaging in a non-commercial activity andare not guilty of copyright infringement. However, whatNapster users are doing falls under fair use and does not violatecopyright. Therefore Napster cannot beguilty of contributory infringement. The Napster technology is not the only way to get free music from theinternet. "Napster: The Hot Idea of the Year." Fortune. Commercial interests dominate themusic industry and the Internet as well. (July 3, 2 ). Napster developed anew type of software that enabled people to trade music files over theInternet free of charge. "Napster Leaps to its Own Defense." The Standard. Napster users, which number about 2 million, are more likely to buymusic both online and in retail stores because Napster acts as aninstigator of sales. In this instance, Napster will show that it is just publishing adirectory of information like any other Internet Service Provider. "Napster is Granted Reprieve by Two Appeals Court Judges." The New York Times.Carr, Laura. The company, which wasfounded last year, is one of the Internet's fastest-growing Web sites andenables users to find and trade songs between computers, free of charge.In December 1999, Napster was sued by major record companies whichcontended that the company was contributing to copyright infringement.Napster should be allowed to continue its free service for the followingreasons:1. Free music has been available via Gnutella, and because Gnutellais a technology and not a company, it can't be sued and can't be shut down.Napster, however, is being sued by the Recording Industry Association ofAmerica (RIAA) which is trying to shut down Napster so that people cannotget copies of songs without paying for them ("Napster: The Hot Idea of theYear," retrieved at library.northernlight.com). (June 14, 2 )."Napster: Music's Friend or Foe?" Wired News, www.wired.com.Kover, Amy. Napster's new consumer-oriented,community- sharing services will help achieve a better balance betweencommercial interests and the individual consumer as well as music lovers. "Stats Speak Kindly of Napster." The Standard, www.thestandard.com.King, Brad. Its peer-to-peer networks are based on community sharing, not profits; consumersmake copies of music from and for one another free of charge and thus it isa non-commercial activity.Background Napster was founded in September 1999 in San Mateo, California by 19-year old Shawn Fanning and 2 -year old Sean Parker. Another survey from the Digital Media Association and YankelovichPartners confirms that digital downloads "tease consumers rather thansatisfy them" and 66 percent of people responding to the survey said thatlistening to a song online motivated them to buy a CD or cassette featuringthat song ("Napster Leaps to its Own Defense," www.thestandard.com). www.thestandard.comUPDATE: Napster Granted Temporary Reprieve Against Injunction. College students, the largest users of Napster, are using Napster totry out songs not as a replacement to CDs.5. (July 29, 2 ). Thefive recording companies represented by the RIAA control 85 percent ofrecorded music sales in the USA. In conclusion, Napster should not be shut down because it is notviolating copyright law and is, in fact, helping to develop new softwaretechnology that will enhance Internet use rather than damage it. The first argumentfalls under the Audio Home Recording Act of 1992 that allows consumers tomake copies of music for one another, as long as they do not make a profit. (July 28, 2 ). Sony,therefore, could not be held liable for any infringement. Of the 3,218 students surveyed,only 5 who completed the survey had ever used Napster to download freemusic. Napster attorney David Boies, claims thatNapster "is a new technology that threatens the control of a dominant tradeassociation...If you use copyrights to achieve an anti-competitive purpose,you lose the right to enforce your copyrights" ("Napster Leaps to its OwnDefense," www.thestandard.com). A research report compiled by E. All Napster has done is to increase the amount of the copying but theconsumer is still engaged in a non-commercial activity. www.library.northernlight.com.Learmonth, Michael. The current data indicates that Napster is not harming the recordingindustry.The Napster Defense Napster has been accused of copyright infringement. An article printed in July stated that two new setsof data on Napster "suggests that Napster may be more of a music-marketingtool than a replacement for CD buying. As such, Napster represented a new concept forexchanging information that goes beyond the balance of power in themusic/recording industry ("Napster: The Hot Idea of the Year," retrieved atlibrary.northernlight.com). The major record companies, represented by theRecording Industry Association of America, attempted to get a preliminaryinjunction against Napster doing business until the case comes to trial.However, the United States Court of Appeals for the Ninth Circuit, inCalifornia, ruled in July, 2 that the company could continue to dobusiness pending a trial in the Fall of 2 ("Napster is Granted Reprive byTwo Appeals Court Judges," www.thenewyorktimes.com).Research Data Several research reports have been compiled regarding the impact ofNapster. Napster technology can help everyone involved in music-consumers,artists and the industry.3. What Napster users are doing falls under fair use and thus does notviolate copyright.6. Attorneys for Napster contend that the recording industry is trying toA stifle a new technology." In addition they claim that private non-commercial sharing of music by consumers is lawful ("Napster Leaps to itsOwn Defense,"www.thestandard.com). The Napster concept couldrevolutionize infotech and energize the PC industry.2. Data indicates that Napster is not harming the recordindustry.4. Napster users are more likely topurchase music both online and offline," according to JupiterCommunications. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.