MP3's and Napster 

  MP3s  

    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.  

NAPSTER

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]

 

 


[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.)

[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.)