Napster Vs Riaa Essay Research Paper ArgumentativeNapster

Napster Vs. Riaa Essay, Research Paper

Argumentative

Napster is:

Not Violating Copyrights

Going to be a Useful Tool for Musicians in the Future

Copyright infringement has quickly become one of the most talked about issues of the internet. The most difficult aspect is

defining its boundaries and pinpointing its limits. The distribution of music via Napster is a perfect example of a controversial

issue that has sprouted due to copyright questions. Technically, Napster is not violating any copyright laws. Although it may

appear as if Napster is distributing and illegally copying music, in actuality Napster is merely a server/database in which

users have access to categorized MP3 files. Napster is also free. Copyright infringement is present only when the users

illegally copy and distribute music files not merely the presence of a server. This paper takes the standpoint that Napster is

going to be an extremely useful tool to the music industry in the future. Although it currently appears that these two groups

are at entirely opposite ends, the solution to the problem is defining guidelines that will benefit both sides.

The music industry has become extremely volatile with the emergence of company’s like Napster, and Mp3.com. These, as

well as others, are programs that allow the sharing and trading of music. Napster is software program that lets users create

a virtual network in which they can see other users’ MP3s and decide if they would like to download them or not. The

Napster software also gives the ability to chat with other users and create a set of preferences based on your own musical

tastes. And while some of the files being traded through Napster are legal, the majority of the files are not. The users of

Napster are able to trade music that has not been authorized by record labels or individual artists. The problem remains that

music is being traded illegally and Napster is providing the server that allows the functioning of this network. Napster,

however, should not be legally prosecuted for copyright infringement. Napster has a clearly laid out copyright policy that

every user must agree and comply with:

“Napster users decide what content to make available to others using the Napster browser, and what content to download.

Users are responsible for complying with all applicable federal and state laws applicable to such content, including

copyright laws. Napster respects copyright law and expects our users to do the same. Unauthorized copying, distribution,

modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’

right”(Fanning).

Basically Napster has created a “cushion” through the use of the policy. The users should be held responsible for their own

actions, although currently there is not an effective system that can monitor these activities. Through the use of this policy

and the compliance that users must be in agreement with, Napster is not held responsible for the activities of its users and

should not be held accountable for any copyright infringement activities.

The music industry can benefit from Napster. There are so many positive aspects concerning the existence of Napster. It is

not only a mediator that allows “sharing” of music but it also “provides a showcase for artists who lack the resources to

grease the palms of seedy recording executives. For these artists, Napster provides the perfect platform. This way, 98 per

cent of struggling artists can finally compete with the 2 per cent successful musicians”(Edwards). It is helping musicians that

have talent but lack resources. Napster allows an advertising medium for musicians who are unsigned or are independent.

Their music can be listened to and distributed easily and efficiently in order to increase their publicity. Due to the fact it is

free, it allows these artists to distribute their music with little or no cost. The convenience of Napster is also impressive by

allowing all of its users to log on at any time and access the service from anywhere. The music industry will surely realize the

potential that Napster has and, if wise, will utilize this service to their advantage.

Although Napster has attempted to protect itself from lawsuits through the use of their copyright policy, there are still many

concerns about the piracy of copyrighted music being transacted through the system. This has caused a series of lawsuits

against Napster. The claim that is being made is that Napster is violating copyright laws and music companies need to be

reimbursed for the royalties lost. Recently Napster became the main target for lawsuits filed by Metallica and Dr. Dre who

claim that “I don’t like people stealing my music”(Dawn). Not only did the musicians file suits, but also 5 major recording

companies filed as well. Although Napster is a quick way to swap music and a virtual library of MP3’s, it may have hurtful

impact on the music industry and may also cause a decrease in music sales if it continues for a prolonged time; th

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