The Napster software, created last year by Shawn Fanning, aged
19, allows MP3 users to access a directory of songs stored on the
hard drives of all its members, giving each member near-instant
access to hundreds of thousands of songs, many of them illegally
copied. Music piracy is not new on the internet, but Fanning’s
software has been a particular thorn in the side of the music
industry. Previously, anyone wanting to download MP3 format music
had to search countless web sites, many of which had short
life-spans, in order to find their wanted songs. Napster’s service
makes the music more readily available.
The Recording Industry Association of America (RIAA) sued
Napster late in 1999, on the grounds that the software itself
contributed to massive copyright infringement. Napster argued that
it was similar to an ISP in that it has no control over the data
flowing through its services.
This argument did not impress US District Judge Marilyn Hall
Patel and she ruled that the case should move forward. The RIAA
claimed an early victory in a statement following the ruling. “This
hearing was Napster’s attempt to escape responsibility for aiding
and abetting wide-scale piracy and, not surprisingly, they lost,”
said Hilary Rosen, chief executive of the RIAA. The case is still
at an early stage: the RIAA must still prove that Napster infringed
copyright. It is seeking damages in the hundreds of millions of
dollars.
This month, the rock band Metallica spoke out against the
company. The band named over 300,000 Napster users it said had put
its songs on-line, demanding that Napster remove them from its
service. If Napster does block people who have traded Metallica
songs, other bands are likely to make the same requests.
Metallica’s record company is also suing Napster for copyright
infringement.
