The Napster software, created last year by Shawn Fanning, aged 19, allows MP3 users to access a directory of songs stored on the hard drives of all its members, giving each member near-instant access to hundreds of thousands of songs, many of them illegally copied. Music piracy is not new on the internet, but Fanning’s software has been a particular thorn in the side of the music industry. Previously, anyone wanting to download MP3 format music had to search countless web sites, many of which had short life-spans, in order to find their wanted songs. Napster’s service makes the music more readily available.
The Recording Industry Association of America (RIAA) sued Napster late in 1999, on the grounds that the software itself contributed to massive copyright infringement. Napster argued that it was similar to an ISP in that it has no control over the data flowing through its services.
This argument did not impress US District Judge Marilyn Hall Patel and she ruled that the case should move forward. The RIAA claimed an early victory in a statement following the ruling. “This hearing was Napster’s attempt to escape responsibility for aiding and abetting wide-scale piracy and, not surprisingly, they lost,” said Hilary Rosen, chief executive of the RIAA. The case is still at an early stage: the RIAA must still prove that Napster infringed copyright. It is seeking damages in the hundreds of millions of dollars.
This month, the rock band Metallica spoke out against the company. The band named over 300,000 Napster users it said had put its songs on-line, demanding that Napster remove them from its service. If Napster does block people who have traded Metallica songs, other bands are likely to make the same requests. Metallica’s record company is also suing Napster for copyright infringement.