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Napster, Napster, Napster
michael.creasy was the first with the news: "After
The Offspring
started selling Napster merchandise, they are now being sued by Napster according to
an article at Sonicnet.com." That should wake a few people up. Update: This is not a lawsuit, it's a cease-and-desist. On the lighter side (this means it's a joke, for the differently clued), Brian Briggs wrote in to share the bbspot news story about Metallica's 'Download This' album.
They are pretty much forced into a corner here. If they don't sue, then they might lose their trademark (since they aren't trying to protect it from dilution). If they do sue, then they take the risk of looking like hypocrites.
I don't think they had a choice but to sue here.
--- Biffster.org
"Bite my shiny metal ass."
``The government is slapping a $1000 tax on all TV sales and resales. If you don't like paying the extra $1000 then protest by not having a TV.''
Is that a sensible argument? No. Most people really want a TV enough that they'll buy one anyway. It would be an ineffective protest.
"Copyright" is a tax on copying, which you may believe to be good or bad. Maybe I object to the amount of market power that ends up in the hands of a few huge corporations as a result of this tax. Simply abstaining from buying CDs would be an ineffective protest. If these corporations also fund politicians' election campaigns, I may not have much strength to fight it politically either.
However, a campaign of mass civil disobedience can work. If enough people support unauthorised copying it will be impossible to stop and the authorities might think about changing the law.
I'm not supporting such a protest here [or rejecting it]. I'm just saying that the view which says "boycott it if you don't like it" doesn't address the problem. If someone really believes that the law is unjust (and isn't just acting selfishly) then they may be justified in performing unauthorised copying.
perl -e 'fork||print for split//,"hahahaha"'
However, Napster and the Offspring have already come to an agreement. Read the MTV News story Offspring, Napster Reach T-Shirt Accord . Napster is now allowing Offspring to sell merchadies and is even giving them more stuff to sell.
--weenie NT4 user: bite me!
--weenie NT4 user: bite me!
"Computers are nothing but a perfect illusion of order" -- Iggy Pop
For a group whose music I can only half-heartedly tolerate, they sure are a bunch of whacky guys. If I ever have a daughter and she insists on dating a real creep, I hope it's one of the OffSpring-type creeps.
After all, just like freely distributing pirated music supposedly generates great publicity for artists, distributing clothing with Napster logos and such should only further Napster's cause, right? . . . Right?
I'm really tired of this Napster deal. You know what? If you want commercialized music (ie, not free), then go BUY it. If you don't like the fact that you have to pay so much for it ($20 is a lot!) then protest by not buying it. Or set yourself on fire like the Tibetan monks or something. Just, for god's sake, quit whining about information wanting to be free and how evil the RIAA is and so forth. I agree, to a point, with all the points made by the pro-Napster side, but eventually it all get's so rediculous that you just can't support it anymore.
Sure, maybe you feel art should not be restricted or available only for a fee -- but it is. Art is a commodity and that is what keeps artists producing it. As much heart as a creative person may have, they need to eat, too. And if they are so successful that they can afford a gold Ferrari with sex slaves and a mexican house-boy, then cool -- I'm glad they could have such an impact on so many people and they deserve their cash.
The point being that two wrong's rarely make a right, and just ripping off music that someone else created -- when they have made it plainly obvious that they do not want their music distributed in such a way, is WRONG. Many people have posted before claiming "well, it's only wrong if you inject morality". No -- it's wrong if you inject common-sense, too. How many of you who are so steadfastly against the record industry ("They steal from the artists and don't pay them a dime!") have ever actually sent any money directly to an artist because you appreciated the great material they produced -- that you pirated? Never? That's what I thought.
The biggest problem our world seems to be facing in this arena is that when you sell oranges -- you have a set number of oranges to sell -- thus a limit to how many can be purchased. Someone can't buy an orange from you and then make ten more oranges out of that and give them to friends (who will then not buy oranges from you -- because they get them free from their friend). Oranges are tangible (not tangerinable) -- they cannot be replicated like an MP3 or photocopy can. With intellectual property, it almost feels like we're breaking a fundamental law of nature by not allowing it to be completely free -- only because a thought, video, song, game can be so quickly and easily reproduced for anyone who wants it -- at no cost. Still, as we've deemed art to be a commodity, whether or not something is easily replicable doesn't really impact on whether or not you are purchasing that unit and the rights to do what you will with it in entirety, but the rights to experience and own that copy of that information and share it with those you are able to -- so long as it is bound by that single existing copy. In other words, treat it like the oranges -- if you want all of your friends to see what an orange is like, let them taste yours -- but if they want their own oranges, they have to go buy them.
What it comes right down to is that you did not create this material. Someone else did. Who the fuck are you to decide how their work should be distributed? Don't rape the artist anymore than their record company already is, for christ's sake.
Just for the record, yes I have used Napster. I find it to be a pretty unreliable service with a poor selection (unless you're looking for hip-hop) that belches up half-recorded MP3's most of the time. So I'm not wholly innocent here. But I also do not have a single MP3 of a group that I have not purchased the album of. If I like a group well enough to keep their MP3's around, I usually decide to go drop the $20 or so for each of their albums (as my large collection will attest to). But there are a lot of people who will grab every MP3 they can from an artist and never think twice -- or ever purchase any of the group's releases, let alone ever consider paying the group for the tunes.
---
icq:2057699
seumas.com
Offspring is not chalk full of lower IQ people as some of the more stereotypical bands are. In fact, the lead singer (Dexter, I think) was working his way toward a PhD in biology in Decatur Georiga (Emory, I believe).
I'll bet this was the intent all along. Napster is currently in heat regarding trademark allegations, etc. as Miou pointed out. However, by sending a cease and desist they shot themselves in the foot from a logical point of view. This is why (though IANAL):
Napster deals in giving out (essentially) copyrighted materials. Napster is now in litigation over these issues and is pleading that it is not the entity that is actually stealing the music. This is (sorta) true, they are the transport by which it happens.
So what Offspring did that is so clever is to hit Napster with their own medicine. They take the napster name and logo and offer a means for it to be distributed. I bet they personally don't manufacture a single thing for sale on their site. However those items probably don't come directly from Napster either. This means they are mearly offering a means to distribute them. This is very similar to exactly what napster is doing to everyone else. The best part is how much it costs Offspring to do this. And the answer is not much... a hell of a lot less than a lawyer, that's for sure. They get the added bonus of ego points for blatently outsmarting the Napster board of trustees. Proving with intellegence instead of finance that the RIAA is actually doing a Good thing, because Napster just dropped their trow to show the world it's just another FUD corp betting on IPO.
And to think I just liked them for their music...
- Sig
Napster is going to have a hard time not looking like a hypocrite with all of this.
Yes, trademarks are a differant thing from copyrights. Yes, Napster is not directly (or so they claim) performing copyright violations anyway. Yes, this is potentially a bigger deal, since as opposed to simply providing a service that allows illegal trading to occur (the same can be said of the telcos), The Offspring are directly ripping off Napster's trademark.
However, public opinion is rarely based on facts, and is more often based on perception. And as far as the public's perception of this will run, we've got a really fantastic case of the Pot and the Kettle going on here.
Not to mention the necessity of striking at a the group that stood up in their defence. That's going to look pretty bad too.
Napster would have been better of simply mailing them a merchandising agreement, and then striking at anyone else who started selling products with their name attached. But then, it's a little late now...
All operating systems suck. Some just suck less than others. (and some are virtual black holes)
"A day earlier, another source in the Offspring camp said that if Napster issued a cease and desist order, it would "expose a huge hypocrisy.""
I'm beginning to think Metallica has a point. It's not that peer-to-peer file sharing is wrong. It's that a multi million dollar VC-funded corporation designed to create proprietary peer-to-peer file sharing software is wrong. Napster isn't a front corporation for a bunch of innovative software engineers... it's just a company trying to sell other people's music for free. if we're going to smack the recording industry in the face hard enough to get their attention, we need a truly distributed system, with proxying, encryption, and random port selection, so you can't profile it. So rather than sitting around on slashdot bitching about it, let's go write some code for gnutella!
just a thought,
-mwalker
--
What happens when you outlaw guns
"It's all fair," an Offspring source said on Thursday. "We've already said you guys [can use] our stuff - we're gonna do yours, too. You shouldn't have any problem with that, should you?"
I'm not sure whether Holland's trying to make a point, or is dead serious, or both.
I understand Holland's actually kinda cool with Offspring music being traded/pirated/whatever over the Internet...and it wouldn't surprise me if he's trying to make a point while meaning every word. "It's good enough for you, it's good enough for me" type thing. Of course, Napster could be playing "do as I say, not as I do"...but that would be hypocritical, now wouldn't it?:)
Plat
Now with nearly 100% legal mp3s! (except for the four Body Count mp3s - sorry Ice T.)
Someday, you're going to die. Get over it.
Esteemed sirs:
I could not help but notice that you are endorsing the dissemination of culture over the internet by selling Napster merchandise!
My brother, scrawny code-geek he is, would desparately like to wear apparel celebrating the technology behind sharing of files over the internet. To my mind, this would make an ideal birthday gift. The problem is, we both loathe Napster. It's slow, inefficient, and tied to a central database that Metallica and their legal eagles can subpeona. Thus, he downloads all of your songs using Gnutella, a peer-based network based around public domain software rather than a central service based around proprietary code. If you would be so kind as to design a decent "Gnutella" t-shirt, I would be ecstatic! Since there is no trademark, and no-one to sue or be sued, you can promote Gnutella -and- turn a tidy profit! A shirt in "L" size would be ideal.
As for myself, I find an IP-based file sharing scheme to be too invasive of my privacy, which is why I endorse FreeNet, a system that offers technological guarantees of anonymity. Like Gnutella, it is a "free software" project with no enforced trademark. I'd be delighted if you could design a snazzy FreeNet hat I could purchase from you.
While you are at it, "NFS", "FTP", and "IRC" T-shirts commemorationg the death of the music industry and the overpaid hacks and lapdogs churning out artless product for it would be spiff-a-riffic.
SoupIsGood Food
Though I am not a fan of The Offspring's music, I think this is a hilariously ironic look at the true forces hard at work at Napster. Napster isn't "the good guys", they're trying to make money like every other corporation, and they're not afriad to sue, just like every other corporation *cough* RIAA *cough*.
Napster lives and dies on trafficking illegal music. If Napster didn't traffic illegal music, there would be no demand for it at all. The offpsring basically just pointed this out, after "supporting" Napster.
This is altogether too funny, someone needs to moderate the story up (+1, Funny)
-------- "All I want in life's a little bit of love to take the pain away" --Spiritualized
Napster should collect the names of everyone who is buying napster stuff from The Offspring then The Offspring can stop selling napster stuff to those people.