Grandpa, tell me about File Grandpa, tell me about File Sharing…Sharing…

By Richard Duane SlettenBy Richard Duane Sletten

Grandpa, Tell me Grandpa, Tell me about Napster.about Napster.

For sure Sonny. Back when I was in High school in the 1990’s…you could Download anything for free.

For free For free Grandpa?Grandpa?

Yep, music, moviesYou name it.

What happened?What happened?

That’s a long…And complicatedstory.

The question about ownership on the internet is a question that has The question about ownership on the internet is a question that has been at the forefront of the tabloids since the 1990’s. Sonny, though been at the forefront of the tabloids since the 1990’s. Sonny, though out this mess, there have been record labels on one end, artists on out this mess, there have been record labels on one end, artists on the other, and average, music pirating people like us in the middle. the other, and average, music pirating people like us in the middle.

See this drama all played out in a very interesting history, See this drama all played out in a very interesting history, one marked by arrests and court cases.one marked by arrests and court cases.

As well, these court cases came to As well, these court cases came to redefine the internet, and ideas of redefine the internet, and ideas of ownership in our society.ownership in our society.

See Sonny, in 1999 Napster was created, and “Napster See Sonny, in 1999 Napster was created, and “Napster was the first of the massively popular peer-to-peer file was the first of the massively popular peer-to-peer file sharing systems, although it was not fully peer-to-peer sharing systems, although it was not fully peer-to-peer since it used central servers to maintain lists of since it used central servers to maintain lists of connected systems and the files they provided—connected systems and the files they provided—directories, effectively—while actual transactions were directories, effectively—while actual transactions were conducted directly between machines. 4, 10, & 8”conducted directly between machines. 4, 10, & 8”

It was something else…and here Sonny, I It was something else…and here Sonny, I even have a picture of what Napster even have a picture of what Napster looked like….looked like….

Gees Grandpa…that looks so corny…Gees Grandpa…that looks so corny…

Yeah, well we all didn’t live withyour modern conveniences…

Sadly Sonny, by the time I graduated from Sadly Sonny, by the time I graduated from high school in 2003, things had began to high school in 2003, things had began to go bad for Napster…go bad for Napster…

See sonny, “With the files obtained See sonny, “With the files obtained through Napster, people frequently made through Napster, people frequently made their own compilation their own compilation albums on on recordable CDs, without paying any , without paying any royalties to the copyright holder.1 & 8” royalties to the copyright holder.1 & 8”

Those are big words grandpa!

Well Here is some more big words Sonny, you see, Well Here is some more big words Sonny, you see, back in college, “High-speed networks in college back in college, “High-speed networks in college dormitories became overloaded, with as much as 80% of dormitories became overloaded, with as much as 80% of external network traffic consisting of MP3 file transfers. external network traffic consisting of MP3 file transfers. Many colleges blocked its use for this reason, even Many colleges blocked its use for this reason, even before concerns about liability for facilitating copyright before concerns about liability for facilitating copyright violations on campus. 5, 4, & 6 ” violations on campus. 5, 4, & 6 ”

So…what you all were doing was illegal?

Well Sonny…that was hazy back then…Well Sonny…that was hazy back then…but it did go on to become illegal. but it did go on to become illegal.

See, one of the things that I remember See, one of the things that I remember being a big issue was when the record being a big issue was when the record labels, and artist started to gripe about labels, and artist started to gripe about loosening money.loosening money.

What band was against sharing music What band was against sharing music grandpa?grandpa?

Metallica was, they wereEnraged…South ParkEnded up lampooning itThat year…isn’t it in season102 right now?

107 grandpa

That time, “Napster's facilitation of transfer of That time, “Napster's facilitation of transfer of copyrighted material raised the ire of the copyrighted material raised the ire of the Recording Industry Association of AmericaRecording Industry Association of America (RIAA), which (RIAA), which almost immediately — in December almost immediately — in December 19991999 — filed a — filed a lawsuitlawsuit against the popular service.” By 2001…Napster against the popular service.” By 2001…Napster shut down… 4,5,8.”shut down… 4,5,8.”

That sucks grandpa.

Yeah it did Sonny. The corporations won, where they Yeah it did Sonny. The corporations won, where they failed in the 1980’s with the VCR (5). failed in the 1980’s with the VCR (5).

So what happened then?How did this lead to today.

The implications were far reaching Sonny.The implications were far reaching Sonny.

When the Ninth Circuit Court told Napster When the Ninth Circuit Court told Napster to shut down…it sent into play a litany of to shut down…it sent into play a litany of legislation that seemed to support the legislation that seemed to support the record labels (1).record labels (1).

This was because the court ruled that, “Napster This was because the court ruled that, “Napster changed that thinking. Media companies changed that thinking. Media companies successfully argued in federal court that laws successfully argued in federal court that laws governing analog taping devices -- such as a governing analog taping devices -- such as a VCR --shouldn't apply in a digital age, when VCR --shouldn't apply in a digital age, when copies of music or movies suddenly became copies of music or movies suddenly became perfect replicas (7).”perfect replicas (7).”

This was the death ell to internet file sharing, and This was the death ell to internet file sharing, and opened the door to owning things in opened the door to owning things in cyberspace Sonny.cyberspace Sonny.

However, like people often do…they found However, like people often do…they found legal ways around it…file sharing was legal ways around it…file sharing was literally a dog chasseing cat…with the cat literally a dog chasseing cat…with the cat one step away from the dog.one step away from the dog.

However, buy my senior year in college…the IPOD However, buy my senior year in college…the IPOD gained huge popularity. This helped to stymie the gained huge popularity. This helped to stymie the corporations, gave Apple licensing of music, and it corporations, gave Apple licensing of music, and it allowed many to listen to their own music.allowed many to listen to their own music.

Apple must have made a fortune grandpa.

They did, and it didn’t stop file sharing.

However, the internet just kept on becoming However, the internet just kept on becoming more and more roped in, it was like the closing more and more roped in, it was like the closing in of the prairie in the Old West, or the in of the prairie in the Old West, or the Enclosement of the commons in EnglandEnclosement of the commons in England

That is sad, why does business always win?

Sonny, a wise man once said that, “people shall always remain in Sonny, a wise man once said that, “people shall always remain in the real world, because this is where their online actions have the real world, because this is where their online actions have consequences. It is where the products that people purchase online consequences. It is where the products that people purchase online get delivered to their doors, where the membership fees they pay for get delivered to their doors, where the membership fees they pay for an online service get charged to their credit cards, where the money an online service get charged to their credit cards, where the money that they deposit in Pay Pal is debited from their bank accounts, and that they deposit in Pay Pal is debited from their bank accounts, and where their account balances are only replenished by the toil of their where their account balances are only replenished by the toil of their working lives.(2)” That is why business always wins…things cost working lives.(2)” That is why business always wins…things cost money, they always have, and eventually always will.money, they always have, and eventually always will.

Grandpa, this is true I guess, it was easy to be takingMusic on the net…until it gets back to you in real life.

Sunny, it did…people got the bejesus Sunny, it did…people got the bejesus sued out of them…not only the file sharing sued out of them…not only the file sharing services, but the average Joe as well. services, but the average Joe as well.

That’s sad grandpa.

Again, it was Sonny. But like I said, the implications were Again, it was Sonny. But like I said, the implications were wide reaching…the court case defined that file sharing wide reaching…the court case defined that file sharing was illegal because it infringed upon copyrights…and the was illegal because it infringed upon copyrights…and the fact it was done on the internet did not stop the law from fact it was done on the internet did not stop the law from shutting down the P2P’s.shutting down the P2P’s.

The implications now is that the Internet is becomingdivided up, and owned, and that file sharing in the sense it was known in 199-2001 is dead.

Works Cited PageWorks Cited Page 1. Mayer-Schönberger, Viktor, Crowley, John. NAPSTER'S1. Mayer-Schönberger, Viktor, Crowley, John. NAPSTER'S SECOND LIFE: THE REGULATORY CHALLENGES SECOND LIFE: THE REGULATORY CHALLENGES

OF OF VIRTUAL WORLDSVIRTUAL WORLDS. . Northwestern University Law Review; Summer2006, Vol. 100 Issue 4, p1775-1826, 52pNorthwestern University Law Review; Summer2006, Vol. 100 Issue 4, p1775-1826, 52p

2. David, Matthew Kirkhope, Jamieson. 2. David, Matthew Kirkhope, Jamieson. New Digital Technologies: Privacy/Property, Globalization, and Law.New Digital Technologies: Privacy/Property, Globalization, and Law. Perspectives on Global Development & Technology; 2004, Vol. 3 Issue 4, p437-449, 13pPerspectives on Global Development & Technology; 2004, Vol. 3 Issue 4, p437-449, 13p

Jesse WalkerJesse Walker. . Cyberspace's Legal Visionary: Cyberspace's Legal Visionary: Lawrence Lessig on the fate of copyrights and computer Lawrence Lessig on the fate of copyrights and computer networks in the digital future. June 2002. networks in the digital future. June 2002. http://www.reason.com/news/show/28445.htmlhttp://www.reason.com/news/show/28445.html

3. John Perry Barlow3. John Perry Barlow. . The Economy of Ideas. The Economy of Ideas. Issue 2.03 | Mar 1994. Issue 2.03 | Mar 1994. http://www.wired.com/wired/archive/2.03/economy.ideas.html http://www.wired.com/wired/archive/2.03/economy.ideas.html

4. Napster. Wikipedia, the online encyclopedia. 4. Napster. Wikipedia, the online encyclopedia. http://en.wikipedia.org/wiki/Napsterhttp://en.wikipedia.org/wiki/Napster

5. Jeff Tyson. How the Old Napster Worked. 5/4/2007. http://computer.howstuffworks.com/napster.htm5. Jeff Tyson. How the Old Napster Worked. 5/4/2007. http://computer.howstuffworks.com/napster.htm

6. Napster Case. 5/4/2007. 6. Napster Case. 5/4/2007. http://www.riaa.com/News/filings/napster.asp.http://www.riaa.com/News/filings/napster.asp.

7. Brad King.7. Brad King. The Day the Napster Died. 05.15.02 | 8:55 AM.The Day the Napster Died. 05.15.02 | 8:55 AM. http://www.wired.com/gadgets/portablemusic/news/2002/05/52540http://www.wired.com/gadgets/portablemusic/news/2002/05/52540

8. A&M RECORDS, Inc. v. NAPSTER, INC., 239 F.3d 1004 (9th Cir. 2001). Before: SCHROEDER, Chief 8. A&M RECORDS, Inc. v. NAPSTER, INC., 239 F.3d 1004 (9th Cir. 2001). Before: SCHROEDER, Chief Judge, BEEZER and PAEZ, Circuit Judges.Judge, BEEZER and PAEZ, Circuit Judges. http://www.law.cornell.edu/copyright/cases/239_F3d_1004.htm.http://www.law.cornell.edu/copyright/cases/239_F3d_1004.htm.

9. Ashlee Vance. Why Napster will be a fully-integrated flop. The Register. 4th February 2005. 9. Ashlee Vance. Why Napster will be a fully-integrated flop. The Register. 4th February 2005. http://www.theregister.co.uk/2005/02/04/napster_go_away/http://www.theregister.co.uk/2005/02/04/napster_go_away/

10. Rich Menta. RIAA Sues Music Startup Napster for $20 Billion. 10. Rich Menta. RIAA Sues Music Startup Napster for $20 Billion. 12/09/9912/09/99 . . http://www.mp3newswire.net/stories/napster.htmlhttp://www.mp3newswire.net/stories/napster.html