Everybody loves music. Everybody loves free music. Everybody loves Napster. This simple line of reasoning explains why everybody is so upset about Penn State's recent de facto ban on Napster and other programs like it. Although you are probably livid because you cannot use Napster, Penn State's new enforcement policy will become irrelevant when the government shuts down Napster permanently in the coming weeks.
When the 9th U.S. Circuit of Appeals hears testimony on Oct. 2 in the Recording Industry Association of America's (RIAA) lawsuit against Napster, it will probably uphold a previous injunction that would have shut down Napster for the duration of the lawsuit. In light of this, Penn State's effective ban on Napster is inconsequential because Napster won't be running at all in a few weeks.
I have a feeling that Napster's imminent shutdown by the government hasn't assuaged your anger at the administration for taking away your free music. But, contrary to popular belief, much of the activity on Napster is illegal. Napster facilitates piracy. It's that simple. Contrary to what Napster's lawyers claim, most of the files found on Napster are illegal copies. When you're logged onto Napster with gigabytes of shared music, you are illegally distributing copyrighted materials. You are violating both the law and Penn State regulations. You might think that breaking copyright laws is inconsequential, but it's not. Copyright laws are extremely important to our economy because they provide an incentive for creation and innovation.
Some people like to compare Napster to VCR tapes and cassette tapes. When these technologies first appeared, the entertainment industry feared that it would lead to massive piracy and a huge loss of profits. Although a considerable amount of piracy still exists with these technologies, those initial perceptions on the part of the entertainment industry were wrong. Videos and cassettes actually built new markets that are now worth billions of dollars.
But, Napster is different. Since MP3s are digital, a music file can be copied an infinite number of times without losing any sound quality. This is not the case with cassettes or VHS tapes. Also, the Internet allows millions upon millions of people to connect and share information on levels previously unimagined. The individual, rather than an organized network of criminals, can become an illegal distribution hub for copyrighted materials. The Internet could facilitate a group of pirates large enough to permanently damage the recording industry.
Also, Napster's primary use (as of now) is illegal. A very high percentage of the traffic going through Napster's servers is directly involved in copyright infringement. Napster isn't actually distributing copyrighted materials itself, but its service makes piracy so much easier that it's a logical stretch to claim that Napster doesn't bear some responsibility for the loses it has inflicted upon the recording industry.
On the other hand, the RIAA is being foolish and narrow minded about the future of its product. It's quite apparent to everyone that the Internet will dominate our future economy. The popularity of Napster among college students can be explained by the inflated price of compact disc's and by our generation's affinity for the Internet. The recording industry will probably need a new business model in the future and Napster has provided one minus the startup costs, which include writing the software to distribute music, marketing, and building a customer base.
Also, shutting down Napster will drive people to other services such as ToadNode, Gnutella or Imesh, which do essentially the same thing as Napster except on an expanded level. Why not turn Napster into a service where people pay a monthly fee to have access to MP3s? Napster does boast 20 million users, many of whom are in the coveted 20- to 30-year-old white male demographic. Why not turn piracy into profit?
Overall record sales were up for last year, but sales in college towns, where many people have high-speed Internet access, were down by a significant percentage. Although Napster may not be hurting overall record sales right now, it will in the future as broadband connections become more and more common.
In the long run, that means that your favorite band that isn't extremely popular might never have signed a record deal. That CD of theirs that you treasure so dearly might never have been made. If artists can't make a living from their musical abilities, many of them will choose a day job (and eating on a regular basis) over making music. If piracy continues to grow because of programs like Napster, then there won't be as much music made. And that's bad for everybody.
