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http://www.macnn.com/articles/01/02/12/napster.ruling/

Napster ruling could limit file exchanges

updated 01:45 pm EST, Mon February 12, 2001

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Calling it "overbroad" and asking for modifications in its scope, a federal appeals court sent back an injunction against Napster, a decision which allows users to continue to use Napster to exchange files for now, but in the future could limit the types of files that can be exchanged.

by MacNN Staff

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02/12, 02:45pm | report spam | close Reply | delete
"Ancient" laws

'...a home computer is not a "recording device" as defined by the statute.'

then the statute needs to be revised. A computer isn't a recording device... please! It's BETTER than a VCR (or an audio tape player)!

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02/12, 03:31pm | report spam | close Reply | delete
p***

How come people can download child p*** freely from my isps news server (where its stored) and they cant download music from napster which just points to another users computer?

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02/12, 03:32pm | report spam | close Reply | delete
RE:Ancient laws

You are right in that the PC is a very good recording machine! And once they update that "ancient law" as you say....they will update the Copyright Act at the same time to protect the owners from all piracy and theft.

Just because you own a PC/mac, does not give you any special privileges outside the law to commit theft! As long as someone else owns the music Copyright, it is illegal to copy without the owners permission.

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02/12, 04:13pm | report spam | close Reply | delete
it's just pure greed!

EVERYONE tapes live concerts off the radio EVERYONE borrows CDs off their friends EVERYONE records stuff off the TV that they don't intend to erase and yet this is ignored because it's so wide scale!

Policing it would make the whole world criminals. Just because mp3 is a fairly new technology they're trying to kill off it's uses at an early stage to try and add to their greed. I don't think I've ever got a single tune off napster that I didn't already own on tape or that I didn't buy on CD within a week or 2 of downloading it if I intended keeping it. It's not piracy it's just freedom to try before you buy.

I've avoided buying so many c*** albums since napster has been around. You can finally check out tracks you've never heard on the radio or MTV before you spend �15 on a CD full of c*** with only a couple of good tunes on it you've probably already got as singles and EPs anyhow. If napster is killed off, other forms of file sharing will replace it.

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02/12, 04:25pm | report spam | close Reply | delete
Well well well

Great comments people, wish I had time for the discussion. I stayed away from Napster on the weekend because of this. I guess if Napter types published the database of banned music to their members there might be a nice boycott going on. I think this would even be scarrier than one could imagine. People working together and empowering themselves.
Yup this corporate/government giants sure are stomping. If us little ants decided to coordinate watch out.
I enjoyed Napster while it last(ed). On a good day I can get one "talk" radio station. I have no TV and the nearest music store is an hour away. Napster was educating me and keeping me informed. That is what the internet was intended.

Fret not, all Napster has to do is relocate to another country, one where voices relationships and connections are more important than rules regulations and greed. That country is up to making a lot of money.

Well well well the pains of globalisation.

Ace3andy

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02/12, 05:12pm | report spam | close Reply | delete
Regulation

I think everyone has a good point but I have a few things to say:

1. If Napster does improve CD sales, then why is the RIAA against it? Would they really want to put themselves at a disadvantage? I think they should both agree to have an INDEPENDANT STUDY done rather than Napster looking at 10 stores and deciding the industry impact.

2. Why not let artists opt in? If it improves sales as Napster claims it does, they will opt in, if it really doesn't, then we will know for sure.

3. Want to know why the Free ISP's didn't survive? Because of overhead costs? Mp3's account for most of ISP's bandwith. Napster has killed them.

4. As for 'personal use', the fair use laws allow you to make a copy for YOUR use, but once you give it to someone, that is illegal, just like I can record a baseball game to view at a later date if I am at busy when it occurs, but I can't put it online for everyone to watch.

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02/12, 06:25pm | report spam | close Reply | delete
screwed up government

Whatever it may be that napster is doing, legal or legal, it is not the position of the courts to rewrite law. The judges should uphold the letter of the law until new legislation prooves that napster is illegal. This type of thing screwed over the group of hackers who reverse engineered DVD encoding. The judges rule on law, not make it. Napster is still legal, in my eyes. They don't do anything that a CD-R/ hardrive video tape or other doesn't do. The members commit the crimes, not napster.

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02/12, 06:40pm | report spam | close Reply | delete
Late to the party

Weren't you mad that the Mac version of napster(Macster) was so late to the party that by the time it got off the ground, they got that court order to shut down, which was overturned at the last minute?

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02/12, 06:59pm | report spam | close Reply | delete
late to nothing

You're joking, right? Macster has been available for a long time, it's only recently been the official client adopted by napster but it's been around since almost the beginning.

It's true that Napster has commited no crime, it is only the clients that do that sort of thing. Napster only makes it easier for them to do so. I they make napster illegal, what's next? FTP? Hotline/Carracho?

Personally, I hope napster does hurt record sales to the point that the entire recording industry crumbles. I dont' see it happening, but I think that would be the best possible scenario.

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02/12, 08:25pm | report spam | close Reply | delete
Who is responsible?

Don't understand.
Would you sue Mercedes because someone using a Mercedes is going 140 MPH on the highway? No!

So why are they sueing Napster?
They provide the soft, they are not responsible of its usage, or are they?
Where is it written..... in which law.

I bet the next guy that will write a VBS virus, Microsoft will be sued for that... if we follow Napster case.

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02/12, 09:14pm | report spam | close Reply | delete
Illegal

Napster has violated the law by willingly facilitated illegal acts. They created an application with the intention f breaking the law.

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02/12, 09:39pm | report spam | close Reply | delete
Illegal??

"Napster has violated the law by willingly facilitated illegal acts. They created an application with the intention f breaking the law."

Companies that sell blank tapes know that a lot of people are going to use them for crimes. But no one accuses the tape makers of facilititating felonies.

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02/12, 10:17pm | report spam | close Reply | delete
exactly. double standards

The USA seems to be a country full of double standards. It's only illegal when the big boys feel like it, then they go all guns. The (entertainment) industry wasn't strong enough (or greedy enough) to stop audio cassettes or video tapes back in the day, but they are now and are s******* the world to there own purpose till You can only do what THEY want you to do.

Don't tell me that Napster is more of an illegal tool than a VCR or a tape deck. People who use Napster are not thefts. You are being brainwashed by these corporations.

I am an artist who makes a living with my music, and Napster hasn't done anything to damage my income, in fact I am selling more. I cant say for sure if its related to the rise of MP3, but I wouldn't doubt it.

This whole Napster law suit is disgusting, a blatant display of how c*** the "system" is. Meanwhile a man, sentenced to death next week and imprisoned for 10 years is found innocent through DNA testing, There is a serious misguidence of priority here..

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02/13, 12:33am | report spam | close Reply | delete
Where's the motivation?

I think that Napster is more harmful than it is helpful.

If I were a musician, and knowing that Napster's use is widespread, what would motivate me to create music?

Since the Napster model pays me no royalties, I would have to find other means than my music of feeding myself, buying instruments and materials in order to create my art form. Sure, the creation process is satisfying, but I have to eat, too!

Napster and similar entities take all that away from me by giving my hard work away for free. Other than my own self-satisfaction of my own creation process, what motivation do I have to even consider commercially producing my own music for public consumption? I would gain nothing.

I side with Metallica, et al, and most especially with all the other artists that no one has ever heard of yet.

If Napster-like operations are allowed to continue, it is my opinion that the public will never hear another note of original music in the future.

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02/13, 01:18am | report spam | close Reply | delete
this or that

no matter what their will always be someone to offer the service. Be it here in the states or overseas their will be a serivce like napster.And what the record industry realizes is that its helpless and no matter what they do they cant stop everyone everywhere.

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02/13, 08:23am | report spam | close Reply | delete
well.

i think this argument against napster can be directly correlated to the argument against guns. they make the guns, people use the guns to kill things (some which are legal, some which arent). napster makes the software, people use it to trade mp3s (some which are legal, some which arent). so cmon recording industry, attack the napster users.

oh pshaw. its not like mp3s sound all that great anyways. who cares

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02/13, 09:52am | report spam | close Reply | delete
so called "Musicians"

If the commercialized music industry weren't so f'ed up... Musicians are supposed to make music because that is what they love to do. Makin' a few bucks along the way doesn't hurt, but the major complainers are in it for the money, not the music. Call me mental, but the so-called "recording industry" needs a paradigm shift. I can sit at home with a couple friends and record an mp3 with soundjam (not sure about iTunz) and throw it out on Napster with all the contact info. If anyone likes it, sweet! If not, I don't really give a flyin' f***. I had fun making it. The movie industry is headed for the same boat. Our government needs to stop squashing creativity just so everything stays the same. Things are SUPPOSED to change. The more readily we adapt to that concept, the happier everyone will be. Well, except for the big fat pigs with all the money, who have no room to be complaining anyway. Greedy b*******.

That's more like my 3 cents, but there ya go.

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02/13, 12:44pm | report spam | close Reply | delete
Re: Where's the motivati

You said:
"If I were a musician, and knowing that Napster's use is widespread, what would motivate me to create music? "

That's the thing- non-musicians like you really don't comprehend the motivation for creativity...it's certainly not for the money-poets had been giving away their art for centuries...

then you said:
"Since the Napster model pays me no royalties, I would have to find other means than my music of feeding myself, buying instruments and materials in order to create my art form. Sure, the creation process is satisfying, but I have to eat, too!"

trust me, musicians eat when they get hungry. And we sacrifice lawschool or an MBA for less "prestigious" jobs because we value a flexible work schedule to a high income-one. We inherently know at an early age that following the career paths most travelled will provide us all the materialistic things that make our physical existence more comfortable, but at a cost. (Ironic, eh?)But spiritually, we would feel suffocated. So we actively choose the paths we choose in order to pursue our art. We also know Napster is better suited as a marketing tool rather than as a final delivery form. Why? Because mp3's suck. They are a lossy compression scheme. But boy, can they fly over a narrow bandwidth connection. Napster should live so that musicians (not you) can market their music themselves on a level playing field.
then you said:
"Napster and similar entities take all that away from me by giving my hard work away for free. Other than my own self-satisfaction of my own creation process, what motivation do I have to even consider commercially producing my own music for public consumption? I would gain nothing."
You gain exposure. The public could then purchase a CD directly from the artist's website (CD's sound better and are a more "accurate" representation of the artist's work)
you then added:
"I side with Metallica, et al, and most especially with all the other artists that no one has ever heard of yet."
I like Metallica, I really do, but I think most of their comments were outlined for them. By non-artists.
You summarized with this opinion:
"If Napster-like operations are allowed to continue, it is my opinion that the public will never hear another note of original music in the future."

I just saw a hot s*** girl and wrote a song to her.

Just yesterday, I watched a report on the evening news about a gross injustice being perpetuated upon human beings by other human beings. I was compelled to write a song about it.

In either case, I was unconcerned about how I was to be compensated for writing these. I guess opinions are like a**holes. Everybody's got one...

Imagine

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02/13, 04:50pm | report spam | close Reply | delete
imagine

imagine a world in which those who create something are compensated directly by those who enjoy their product or work. this concept scares the corporate world to death. that is what this is about.

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02/13, 07:50pm | report spam | close Reply | delete
RIAA

RIAA has been the dirty little monarchy ruling over the music industry for sometime now. Without mp3's and napster allot of artists, groups, especially DJ's would have never been heard of. The RIAA is able to judge what it wants you to hear when they want you to hear it, they control the radio, record/cd stores, and most importantly they control the people. There will always be a way to get the music you want especially on the internet, you all know of the other clients... but what this thing is all about is loss of control. The RIAA is scared to death.. not that it "might" lose money, but losing its control over the people. Mp3's ARE a boone to the people who love music... they are a large plus for the artists too... they give a chance to anyone and require no large corporation or giant hand in the industry to rule yeh/ney on the decisions of what you hear. If you are going to point a finger.. point it at the ISP debate once again.... they allow the access for you to surf the net, and download music, and p***, and warez, and.....

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Napster ruling could limit file exchanges

updated 01:45 pm EST, Mon February 12, 2001

"Ancient" laws

p***

RE:Ancient laws

it's just pure greed!

Well well well

Regulation

screwed up government

Late to the party

late to nothing

Who is responsible?

Illegal

Illegal??

exactly. double standards

Where's the motivation?

this or that

well.

so called "Musicians"

Re: Where's the motivati

imagine

RIAA

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Napster ruling could limit file exchanges

updated 01:45 pm EST, Mon February 12, 2001

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"Ancient" laws

p***

RE:Ancient laws

it's just pure greed!

Well well well

Regulation

screwed up government

Late to the party

late to nothing

Who is responsible?

Illegal

Illegal??

exactly. double standards

Where's the motivation?

this or that

well.

so called "Musicians"

Re: Where's the motivati

imagine

RIAA

Login Here

Register for our weekly email newsletter:

Connect tools:

Subscribe

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