Essay on Napster: From Illegal Weapon to Killer Application

After the period elapses, any person can use, print, publish, and distribute the original work. The music industry has been in dispute for many years in respect to music piracy. It went after software and website developers, as well as consumers in the courts (Easley, 2005, p.163). As a result, this may be why governing the expansion of the music industry towards later benefits for the industry; however, not toward those who pirate from them (Easley, 2005, p.163). There is clear evidence of a willingness to pay for online music in general through legal download services such as iTunes (Easley, 2005, p.163). It is clear that some new markets are emerging; for example, services such as 4G LTE combine music with other services. These markets may provide both better margins and better copyright protection to the music industry. Nevertheless, some forms of music piracy may ultimately come to be seen as an effective marketing channel for those services (Easley, 2005, p.163). Clearly the industry is adapting piracy issues.

Starting in the year 1999, a company called Napster opened up a whole new world to the Internet where every song ever made was instantly available to you on your computer for free. It was created by an 18-year-old Northeastern University student named Shawn Fanning. Napster transformed personal computers into servers that shared mp3 files all across the Internet (Mayer, 2008). It became popular very quickly because exchanging mp3 files freely and having any music desired right at your fingertips had never been possible before. However, this program that provided the privilege of having free instant music to download did not last long, it was shut down after just two years by

Along with the development of a file format (MP3) to store digital audio recordings, came one of the new millennium’s most continuous debates – peer-to-peer piracy – file sharing. Internet companies such as Napster and Grokster became involved in notable legal cases in regards to copyright laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order to understand the differences and similarities, one should have an understanding of each case as well as the court’s ruling.

Napster was a music sharing software that was shut down because of copying and distributing unauthorized MP3 files that violated the United States and foreign copyright laws. One of the major reasons why Napster was shutdown is

The issues that will be slugged out in federal district court in San Francisco sound a little too pop culture to be all that serious. How many music CDs are people buying these days in record stores throughout the nation because of Napster? Is the technology that Napster uses legal? Napster is, of course, the wildly popular file-sharing service whose 20 million users have downloaded some half a billion songs--most copyrighted for free. The technology that Napster has brought to music listeners across the globe has allowed the freedom of obtaining music for free and should not be shut down by the entertainment industry's argument in federal court.

The question then became “Just because we can get the music we want without paying for it, should we?” (Tyson, 2000, p.1). This issue of illegal downloads, which is also referred to as piracy, has been a hot topic ever since the introduction of Napster. According to Recording Industry Association of America “In the decade since peer-to-peer (p2p) file-sharing site Napster emerged in 1999, music sales in the U.S. have dropped 47 percent, from $14.6 billion to $7.7 billion” (RIAA, 2014).

Since the iTunes music store was introduced on April 28, 2003, gross music sales have plummeted in the United States - from $11.8 billion in 2003 to $7.1 billion in 2012, according to the Recording Industry Association of America (Covert). Counterintuitively, during that time consumers were buying more music than ever. How is that possible? It 's because iTunes had made digital singles popular and was selling them cheap. This would change the music industry forever. In 2000, Americans bought 943 million CD albums (Covert), and digital sales didn’t even make a dent in comparison. But by 2007, those inexpensive singles overtook CDs by a wide margin, generating 819 million sales compared to just 500 million for the CD.

“Before the days of YouTube and the Internet, a band 's chances of striking it big depended on record companies. If a band was lucky enough to get a record deal, it gained access to a label 's vast resources and connections. The company paid for the band 's studio time, … and got its music played on the radio, reaching millions of record buying Americans” (Majerol, 1). Now, anyone with talent can post a video of themselves and become an internet sensation, only to then receive a deal with a label to continue growing their career. The issue is, with the Internet came digital downloading, and with the growing popularity of digital downloading came illegal downloading, known as Digital Piracy, which has affected the music industry greatly. This issue affects everyone involved in the Music Industry. From the small CD store owner to the Artist on stage, everyone has and continues to be affected by the growing popularity of digital downloading services. Artists, producers, and songwriters lose an estimated 12.5 Billion USD every year to illegal digital music services. Further, the economic impact from [digital downloading] is an estimated loss of 2+ Billion USD (Storrs, 1). This money affects the “little guys” in the industry and the average worker within the industry.

Napster, a free online file sharing network, allowed peers to share digital files directly with each other by way of connections through its software and system. The no cost peer-to-peer sharing gained popularity, particularly with trendy music. A&M Records took notice of the free digital music downloads and brought suit against Napster for direct, contributory, and vicarious copyright infringements (Washington University School of Law, 2013).

Introduction: Setting the trend for the future, the distribution and consumption of recorded music transformed dramatically with the launching of Apple’s iTunes in 2001. The proliferation of online music subscription services and other music sharing services exerted a great pressure on the conventional music distribution business model. Combined with this transformation, piracy of digital music had a profound impact on the whole industry. These worsening conditions in the market place for recorded music forced both established and upcoming new artists to experiment with new ways of selling their music.

Producers of musical content cannot undo the adverse effects that piracy has had on the industry. Because of the internet and the way individuals have manipulated it to obtain music, many people are unwilling to change their habits. Here lies the issue between the producer and the consumer. Acts like the Stop Online Piracy Act (SOPA) and PROTECT Intellectual Property Act (PIPA) work against the incentive of many consumers by telling them that they cannot do what maximizes their utility. Producers are thus working against the likings of the consumer. This is wrong.

In the midst of the United States’ “dot com bubble” (years 1997-2000), there was a surge in technology that brought about file sharing and digital downloads. Threatening the survival of the music industry and introducing a unique set of challenges for the industry to overcome. To remain relevant in the new global market of digital music online, the music industry would have to evolve and change with the introduction of each new facet technology had to offer. The introduction of digitally compressed music files, so easily attainable for a small fee or downloaded legally (pirated) for free, made the music industry reevaluate how to make a profit and protect copyrights. Social media created a visible opportunity for both consumers and artists to maintain digital relationships while providing a platform for consumers to follow and discover new musicians and bands, naturally, making the internet a promotional medium for artists. As the corner record shops closed to make way for virtual storefronts and instant downloads; the internet, digital downloading, and social media made an enormous impact on the music industry that has changed the way consumers purchase, source, listen to, and produce music today.

Digitalization, data compression, and the internet have affected the music industry significantly. These technologies have shifted the recording industries from hard-copy recordings to digital music distribution. This has made it easier for consumers to enter the music market through copying. Consumers have access to copying technology that allows them to obtain music without paying the record label. The situations clipped high in 1999 when Napster, a file-sharing service was launched. The service facilitated music file sharing on a wider scale. The consumers just download the music and transfer it to a digital music device. This has negatively affected the trade value of music sales, for instance in

Ever since 18-year-old Shawn Fanning created Napster in his Northeastern University dorm room in 1999, downloading and sharing music online has become one of the most popular things to do on the Internet today. But why wouldn't it? Getting all your favorite songs from all your favorite artists for free, who wouldn't want to start sharing music? The answer to that question are the people who feel that stealing from the music industry is not morally right, because that is exactly what every person who shares music is doing. People who download music think it's something they can get away with but now it might be payback time to a lot of those people.

Companies like Apple, have decided that it is best to get in with the downloading business. However, an end to the illegal downloading conflict remains to be realized. The RIAA and associated artists continue to wage war against illegal downloaders while computer savvy audiences persist in sharing music files online every day. While it is undoubtedly true that downloading music is a crime, it remains to be proven that it is wrong. Without establishing this principle, most downloader's are likely to continue the activity. Even with new, inexpensive and available means of downloading files, they can still be shared for free online. The rift must be repaired between music lovers who feel that they have been taken advantage of in the past and recording companies and artists who worry about their future livelihood.