MP3 Dilemma: Should Music Be Free?


© Janie Ross Coulter

Since my article on MP3, there have been several significant developments on the legal front concerning copyright protection and the Internet. While not yet conclusive, these legal/business battles will eventually impact not only what business models are acceptable on the Net, but also how music distribution is approached within the entire music industry arena. With any luck and foresight, there will be a convergence that raises awareness and better, more equitable business practices all around.

One such event occurred April 28, when a federal judge found MP3.com liable for copyright infringement in a suit filed by the Recording Industry Association of America (RIAA). The RIAA accused MP3.com of creating an illegal database of 45,000 CDs for use in its my.mp3.com service, which allows users to download any album from that database after "proving" they already own the album by loading physical copies into their computers. MP3.com contends that this is legal, because the user ostensibly already purchased the music and is thus simply making a copy for personal use (which is lawful). The RIAA counters that MP3.com made the copies for their database, without permission, for reasons of commercial gain (which is not lawful) because while services such as my.mp3 and Napster are free, the companies are deriving hefty advertising income from their popularity. Appeals will undoubtedly further the issue, but so far, the RIAA claim is being upheld.

Which brings us to Napster. The RIAA has also filed suit against this software service. Napster pushes the envelope much farther, by assisting its users with the ability to log onto Napster and proceed to download the personal MP3 music files of any other user who is also logged on at that time. Napster, and other similar services like Gnutella, CuteMX, and Scour, is popular with college students and other computer-savvy music fans. But almost all these songs are pirated - as in unlicensed - and include virtually every well-known artist on the Billboard charts and elsewhere. On April 13, rock band Metallica filed a separate suit against Napster, accusing them of copyright infringement and racketeering. Other artists, such as rapper Dr. Dre, are suing as well.

AN OPINION OPEN FOR DISCUSSION (please voice your opinion in the dicussion area): Some people are getting quite accustomed to "free" music, without regard for the fact that much of it is only free in the sense that all stolen goods aren't paid for. This is exacerbated by the fact that "intellectual property," such as music, is somewhat intangible by its very nature. It often even "feels" free when we hear it in bars, restaurants, elevators, stores, and sports events. But in these instances, licenses have been paid up front by the proprietors (we hope) to the lawful creators, artists, and owners of the work.

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The copyright of the article MP3 Dilemma: Should Music Be Free? in Songwriting is owned by Janie Ross Coulter. Permission to republish MP3 Dilemma: Should Music Be Free? in print or online must be granted by the author in writing.

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Here's the follow-up discussion on this article: View all related messages

6.   Jun 21, 2004 1:43 PM
is not a separate issue from the whole copyright infringement issue. The original and clear intent of the framers of the Constitution was to protect the authors and inventors FROM POSSIBLE MASTERS/EX ...

-- posted by cpklapper


5.   Feb 13, 2001 8:32 AM
In response to message posted by curtbaild:

in light of your comments, i think you might find this


-- posted by puppyo


4.   Feb 7, 2001 7:13 AM
i love to use napster to find music i have never heard of from other countries. i also use it to listen to new artists so that i can judge whether or not i want to buy the cd. i am so sick of buying c ...

-- posted by curtbaild


3.   Nov 1, 2000 8:33 PM
In response to message posted by BryB:

you make some interesting points. as passionately as i have been against napster and the like, ...

-- posted by puppyo


2.   Oct 30, 2000 7:52 AM
In response to message posted by puppyo:

Hello
I wanted to express an interest in hearing your opinions on Napster. As far as MP3 d ...

-- posted by bryan





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