Re: Napster destroys Western Civilization

On 5/15/00, Marty Hayes <9ball[_at_]hostsite.net> wrote:
>
> On Sat, 13 May 2000, Robert Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
> >
> > That may be so; but how hard would it be to rewrite a little code so
> > that the Napster software searches for files with the ".pdf" or ".doc"
> > extension rather than the ".mp3" extension? I have to agree with
> > Lynn. From where I sit it looks as if Napster has significant
> > noninfringing uses.
>
> The rewrite potential may very well be possible, but that's not where
> we are right now.

There is an add-on called "Wrapster" that allows you to add an MP3 header to any file type in order to make it indexable and retrievable by Napster. See <http://notoctavian.tripod.com/>. Other software, such as Gnutella and Freenet, aren't limited just to MP3's.

> Right now, in current form, it is expressly a tool made to make
> unauthorized reproductions of digital music files.

This is of course flat-out wrong. Napster doesn't make reproductions -- it merely indexes MP3 files that other people have made.

Has anyone bothered to look at Napster or use it? The opening screen tells you:

• PLEASE NOTE: Napster, Inc. makes no representations or warranties
• regarding MP3 files possessed by Napster users. Thousands of MP3
• files have been authorized for distribution over the Internet by
• copyright owners; however, Napster users should understand that MP3
• files may have been created or distributed without copyright owner
• authorization. Neither the MP3 file format nor the Napster software
• indicates whether a particular MP3 file has been authorized for
• copying or distribution. Copying or distributing unauthorized MP3
• files may violate United States and/or foreign copyright laws.
• Compliance with copyright law remains your responsibility.

Furthermore, Napster then adds a link promoting its services to artists who want to use Napster as a distribution medium:

• Be Heard! Napster provides maximum exposure for the unsigned artist.
• --> Want to promote your music on Napster?
• --> Surf to http://artist.napster.com/ to find out how!

Napster is at heart an indexing program. It indexes files that users in its community wishes to share. Napster says its purpose is to index MP3 files that are on the web with permission. I don't have any reason to doubt them.

If Napster is illegal, wouldn't Google or Lycos (which similarly index copyrighted material, some of which may have been posted without the owner's permission) also be illegal? How do you distinguish intent in this case?

Peter B. Hirtle
pbh6[_at_]cornell.edu Received on Tue May 16 2000 - 11:46:12 GMT