MP3's and Napster
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MP3s
are highly compressed music files that make it much easier to download and
transfer music from one computer to another.
One of the greatest aspects of MP3 files is that they have a high
compression rate; this type of file is very small in comparison to other
formats. The high compression rate
of an MP3 file minimizes the amount of time to download a song; it also makes
the MP3 file a superior quality to most other file formats.
Another advantage of the MP3 file is that the more manageable size of the
file gives the capability to download over the Internet.
MP3 files are as close to CD quality as we are currently able to achieve.
If compared directly to CDs MP3 files have been found to sound slightly
hollow, but they sound much closer to the CD version than other digital formats.
The small size of an MP3 file has allowed people to place entire CDs onto
the Internet; it has also allowed for thousands of web-surfers to download MP3
files for free. Web-surfers are in
essence “stealing” copyrighted music in mass quantity when they download MP3
file off of the Internet[1].
The speed of the Internet allows for easy distribution of illegal music
files; it also makes the bootlegging of CDs a simpler and more profitable
business.
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NAPSTER
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Shawn
Fanning created Napster in 1999 while a freshman at Northeastern University.
The Napster software was an effort on Fanning’s part to learn
Windows-based programming as well as attempting to fill his roommate’s desire
for an easy way to find music on the Internet.
He envisioned an easy and practical way for people to share their
personal music collections with other like-minded fans online.
Fanning quickly became consumed with writing code for the Napster
software and left school after only one semester.
In May of 1999, Napster, Inc. was incorporated and shortly thereafter the
company was moved to Northern California. Napster
is a centralized or server-based Peer-to-Peer network.
Centralized computing is a very efficient way of linking computers so
they can share data or processing power is via client-server architecture.
Servers store data and applications that PCs can access. With a server-based network, there is a central list of
information that is accessed by all the users of the system.
When a new user joins the network, the Napster software searches for
music files on their computer. As
they go online to search for music, the software publishes their music
collection on the central network. While
the user searches for music on the network, others can download files directly
from their machine. Likewise, when
the new user selects music files on the network that they want to download,
their software asks the Napster software on the other end of the line to upload
the file directly to them. The
locations of all the music file of the users that are currently on-line are kept
on the central network, but the files themselves stay on the users’ computers
until another computer asks for it.[2]
Napster
software allows users to locate and share media files using a simple interface;
it also provides media fans a medium to communicate their interests and tastes
with one another via instant messaging, chat rooms and Hot List user bookmarks.[3]
A program such as Napster works by connecting the user to a server on the
Internet; the user then types in the name, word, or phrase of the title or that
of the author of the requested song and then clicks the “find it” button.
The user will then be given a list of songs that contain those search
words as well as some other significant information including the bit rate, user
connection, and the other users screen name. Once the user selects a song the system will connect the two
users directly; a copy of the song is then transferred from one user to the
other. Under the Napster program
there is no process for checking to see if the materials distributed are
protected by copyright, nor does the system recognize the true identity of the
users involved in the transaction.[4]
Music companies are outraged at the advances in technological theft that
are occurring; they argue that materials transferred through Napster and other
similar programs fall under copyright. The
transfer and copy of songs using this type of program constitutes infringement.[5]
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[1] Rubak, Josh, “MP3’s and Hacks Are Good For Business.” http://www.rubak.com/article.cfm?ID=7 (Copyright: 2000; Date visited: 18 November 2001.)
[1] Shirky, Clay, O’Reilly P2P, “What Is P2P… and What Isn’t?” http://www.openp2p.com/pub/a/p2p/2000/11/24/shirky1-whatisp2p.html (Date modified: 24 November 2000; Date visited: 16 November 2001.)
[1] Napster, Inc., “Company Profile.” Paragraphs 1-7, http://www.napster.com/company/ (Last modified: 2001; Date visited: 18 November 2001.)
[1]
Poquette, Bruce R., “Current Public Law and Policy Issues:
Information Wants to be Free.” 22,
Hamline Journal of Public Law & Policy, 175 (2000). http://www.lexis_nexis.com/universe
(Copyright: 2000; Date
visited: 18 November 2001.)