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Napster Offers $1B For Music-Swapping Rights

An unnamed correspondent writes: "CNET is reporting that Napster has offered to pay the music industry $1 billion over 5 years for the rights to unlimited music swapping. That works out to $1.67/month/user with 50 million users." Here's coverage on FoxNews as well, which says: "Under the proposed settlement, $150 million would be paid each year for the first five years to the major record labels -- Sony, Warner, BMG, EMI and Universal -- with an additional $50 million alloted annually for independent labels."

317 comments

  1. Re:50 million users? by Ig0r · · Score: 1

    MP3 isn't the only lossy audio encoding codec, they could use another.

    --

    --
    Soma: because a gramme is better than a damn.
  2. Re:50 million users? by ottffssent · · Score: 2

    >> When Windows crashes, at least it lets you click OK first

    And if you're lucky and careful, you can get an amazing amount of stuff done before you actually click that button.

  3. Lame Ain't Legal Either by yerricde · · Score: 5

    Plus, there's now an mp3 encoder (LAME) that is open-source, meaning that anyone can compile it and use it; gone are the days of paying Fraunhofer IIS royalties for "their intellectual property".

    Fraunhofer Group still owns patents in the United States and other countries on the process of "Overlapped cosine transform plus Fourier transform encoding, followed by psychoacoustic quantization and entropy coding" which is a necessary and irreplaceable part of MP3 encoding. This is why Ogg Vorbis doesn't use a Fourier transform but instead a finer cosine transform.


    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
    1. Re:Lame Ain't Legal Either by AFCArchvile · · Score: 1

      ...and yet it still works faster and gets a better spectrum response than the official Fraunhofer codec. That's just plain ingenious.

      --
      "Ancillary does not mean you get to rule the world." --U.S. Circuit Judge Harry Edwards, speaking to the FCC's lawyer
    2. Re:Lame Ain't Legal Either by pjrc · · Score: 2

      I was under the impression that MP3 used a polyphase filter bank, a modified discrete cosine transform. a non-linear scaling, grouping the spectra into three regions ("big" numbers, ± 1, zeros), a couple stereo encoding methods, lots of scale factors and bit mish-mashing, and adaptive huffman coding, but not a Fourier transform. Of course, the MDCT is half of a DFT/FFT. Maybe I missed the Fourier part ??

  4. Re:Only $1.67 per user per month? by /dev/trash · · Score: 1
    What I can see, if this goes thru is a 'market survey' conducted by the RIAA saying that the average person spends 40 dollars a month on CD's so charging 30 dollars a month for Napster is a steal.

    I just don't see the RIAA undermining the CD selling business by doing a $1,$5, or even $10 per month unlimited deal.

  5. They are laughing right now.... by Rahga · · Score: 2

    because 1.5 million per year would just about match the money Britney Spears uses on het velvet toilet paper.

  6. Re:Never happen by raaum · · Score: 1

    I find it interesting that the number 1 argument that artists have against napster is that it takes their control of how their art is propagated away from them. This is insane. The artist in the current system has essentially no control - Do I sell my soul or do I not? - Do I aquiesce to everything my label tells me to do or not?

    I got into a heated argument with a movie director the other night who was vehemently anti-napster for that very reason. At the same time, he was sitting there, working on a low-budget $500k film and making squat.

    The artist is not protected by current laws/standards.

    I work as a scientist in (enter buzzword) primate genomics and I am disgusted by the commercialization of the whole thing. I could sell out tomorrow and sign up with a pharmaceutical company and live happily ever after (at least paycheck-wise), but I will not. I can be a loser (pay-wise) academically and live with myself. Artists are apparently incapable of making the same choices....

  7. Use Gnutella by javaDragon · · Score: 2

    Gnutella being nobody, nobody pays nothing, and it's for unlimited swapping of any file, not just mp3.

    --
    -- javaDragon is an instance of JavaDragon.
  8. Re:Problem is it'll be "Napster II" with encryptio by MrBogus · · Score: 1

    If the system stays the same (sharing MP3s with other users), how the hell are they going to make this work? Intercept the data and add add copy protection? Automagically convert it to WMF?

    If so, it looks like Napster will become nothing more than a fat client storefront for the record industry. Which means they will be able to push content (or withhold it) for the privledge of your subscription fee.

    --

    When I hear the word 'innovation', I reach for my pistol.
  9. FYI: Copyright not a natural right in USA. by isaac · · Score: 5
    So in a new age artist aren't intitled to say what happens to their music?

    First, IANAL, yet.

    Artists have never been entitled to say what happens to their works, at least in the USA. Now, they are granted the sole, assignable right to make commercial copies of said work. Similarly, they are granted by law royalties for public performance of their works. That is the extent of their entitlement, to my knowledge.

    Copyright, based on the clause in the US Constitution investing Congress with the power to secure a limited monopoly for artists and inventors "to promote the useful arts and sciences", is not an absolute grant nor a property right. It is a limited monopoly, granted by Congress. This stands in contrast to legal systems in other countries (e.g. France) wherein the foundation of Copyright is a "natural right" - a non-assignable (IIRC) right of authors to dispose of their works as they see fit. This is why French directors and authors always get the final cut of their works, if I'm not mistaken.

    Our system recognizes different "natural rights" (like freedom of speech, and the press), and the foundation of our copyright system is pragmatic - designed to promote progress and the creation of new works, not to ensure an artist has total control over a work they have created (there are good philosophical reasons for this I won't go into here, but for a start, consider that neither art nor invention exist in a vacuum). I would further argue that the philosophy behind the Constitutional basis for copyright would find the current copyright regime (which rather than encouraging new works, encourages an "everlasting gravy-train" mentality among copyright holders) abhorrent.

    I am not a lawyer, this is not legal advice, blah blah blah.

    -Isaac

    --
    I am not a lawyer, and this is not legal advice. For Entertainment Purposes Only.
  10. Re:50 million users? by psocccer · · Score: 1
    That is freakin' hilarious, but oh soo true! I'm going to add it to my tagline right now...

    Damn that 120 char limit!! It becomes:
    When Windows crashes, at least it lets you click OK first. And if you're lucky and careful, you can get an a

    I tried. :)

  11. $1 Billion---That's squat! by nysus · · Score: 2
    A NYT article reports that the record industry pulls in $35-40 billion EACH YEAR.

    They will piss on this offer.

    --

    ---Technology will liberate us if it doesn't enslave us first.

  12. Re:Yup.. I'll pay by I_redwolf · · Score: 1

    Instead of trying to make money following "what people want to hear" They'll make whatever they like.

    Get it? Maybe Britney Spears doesn't wanna do pop anymore and wants to try classical or something.

  13. Re:opennap is still free by Tuzanor · · Score: 1

    But let's not forget that the economy has been booming and most of those record increases have been thanks to manufactured artists like britney spears and eminem. If napster survives and the economy keeps going down(or britney and eminem die at the same time), then record sales will start to go down.

  14. What we need is a working micropayment system by Infonaut · · Score: 2
    Wouldn't it be nice if:

    1) Recording artists could distribute their music online in an encrypted format of some type (MP3 or some successor with better audio fidelity).

    2) Joe and Josephine User download this music and pay for it using a truly useful micropayment system (now that would be an interesting Open Source project).

    3) The bulk of the micropayment goes to the actual artist, not to the media conglomerate.

    4) Joe and Josephine get the music they want.

    Arguments against this concept:

    A) People will still find a way to beat the encryption. Of course they will, just like people burn CD copies of their music now. The music companies still make hundreds of millions of dollars every year. At least this way the artists are getting their cut.

    B) Peer-to-peer technology will kill this concept because people will just slide past the encryption and then post songs on (Napster, Gnutella, whatever). Not if you make the encryption tough enough that it becomes more trouble than it's worth to hack the encryption and then post the songs on a server somewhere.

    The heart of the matter is that there are three principal actors in this drama: the record labels, the consumer, and the artists. The record labels have been getting fat on profits that are based on control of the means of production (sorry, Marx). The consumer has become greedy with Napster (hey, why not get ALL of my music for free?!). The folks getting screwed are still the artists.

    Let's think about the people who give us all this great music, and let's come up with something that works for them. My guess is that if it works for the artists, it will work for consumers. As for the music companies, they can choke on their own greed.

    --
    Read the EFF's Fair Use FAQ
    1. Re:What we need is a working micropayment system by Sloppy · · Score: 2

      Why bother with encryption at all?


      ---
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  15. Re:Get real by Mr.+Piccolo · · Score: 1
    Imagine going up to the DJ at your local party/rave and not being limited to his/her personal collection


    BWAHAHAHAHAHAHA!

    I guarantee you, no DJ worth anything would go anywhere nearMP3s, no matter what the selection is. Heck, half of them will slap you around if you suggest they use CD instead of vinyl!

    Not that you would actually notice...

    anyway, I for one want the sound quality of what I'm listening to to be limited by the equipment I'm listening to it on, not the format it's distributed in.
    --
    Glückwünsche, haben Sie Slashdot ermordet, indem Sie zum korporativen Druck beugten und Subskriptionen einlei
  16. Re:ad banners by guinsu · · Score: 1

    Banner ads are dead. My site has seen our banner ad revenue drop to 1/100th of what it was a few months ago. Not because clicks dropped, but because the payout from banner companies has fallen so much. They are all going to crumble soon.

  17. Bend over for the RIAA. by Flowers · · Score: 1

    This is crazy. Record labels get a billion dollars, and Napster does all the work of distributing their music? If a record label wants any money from me for music they own the rights to, they had better provide me with high bandwidth, high accessibility download sites that give me the music I want in a uniform, high-quality format. Something I don't like about Napster is that quality varies widely. Something else I don't like about it is that it's too damn hard to find music I like. The best thing going for it is that it's free, and the next best thing about it is that record labels don't get a penny. This is a deal that does nothing to improve Napster but makes users pay for it (either directly, or indirectly through advertising). The RIAA should jump at this deal, but Napster will lose its users to alternatives because Napster users won't.
    ---

    --
    Somehow, detached from my actual behavior, this innocence burdens me still.
  18. 3 million songs, not 3 billion transfers by yerricde · · Score: 2

    The record companies are asking for $100,000 per copyright violation.

    No, $100K per work violated, the maximum statutory damages under US law. There are likely less than 3 million unique RIAA songs available through Napster.


    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
    1. Re:3 million songs, not 3 billion transfers by glinden · · Score: 1

      Still, the original point is valid. Let's assume 100k unique musical works. The music industry stands to gain 100k * $100k or $10B from suing Napster. Of course, they couldn't collect this amount, but they could drive Napster out of business and put the fear of God (or at least lawyers) in any other company that tried to produce or host similar software.

      Ideally, the music industry would investigate a way to cooperate with Napster, mp3.com, and other methods of digital distribution. Micropayments seems like an obvious answer. So far, they seem like they're just trying to kill what they don't understand.

  19. Re:That much, eh? by Orange+Smlf · · Score: 1

    If this happens, it wont be long before
    isps will offer some sort of bundle...
    adsl+unlimited access to napster+access
    to usenet server+other stuff
    60-70$ a month????

  20. Re:50 million users? by hansef · · Score: 1

    Um... It's kind of stupid to even reply to a troll like this, but FYI MP3s are by nature platform-independent. If it was possible to tie an MP3 to a specific machine and user account Napster never would have become a legal hotspot in the first place. Duh.

  21. Napster has it all wrong by Elgreco · · Score: 1

    I think Napster has it all wrong. Napster is playing victim and is trying apease RIAA. All it has to do is turn the tables in the following manner. I have the customers. This is probably going to be your last chance to setup a system that works with all those people in one place, and with the exposure we have. More people have heard of the "Napster" brand name that any one label. The news mention it so often. We have more customer loyalty than any one label. So here is the deal, I leave it to you to come up with a working scheme. If you stuff it up, the customers will get burnt. In the advertising industry it is 100 times more expensive to get an upset customer back than it is to get him the first time. People will continue to want the "Napster experience TM", but they will never ever trust RIAA to do it right again. They emerging technologies will be RIAA proof. That is open source (or democracy if you may) for you.

  22. Re:WHOSE GOING TO PAY? YOU ARE ! WHY?? by coupland · · Score: 2

    I agree wholeheartedly with your message except for the following:

    >This is the internet, we aren't going to pay for something that is already free.

    I think this is a dangerous sentiment. Internet or not, you've got to be willing to pay an artist a fair price for a hard day's work. Unfortunately the RIAA cronies are so entrenched in protecting their monopoly that they refuse to sell me a song (unlimited license) for $1 a pop. Had they done so they would be trillionaires, but their minds are hard-wired to refuse anything that doesn't have a guaranteed increase in profit margin, regardless of revenue. People would gladly pay just for the sheer convenience. However the old, grey, small-minded monopolists decided to steal from us, and the internet community decided to steal back. Now they get nothing, and I'm happy. I know I've bought my last music until the system is changed. The RIAA will not get $20 per CD from me, nor will they even get my $1 a pop for an unlimited license. Am I wasting my time? I bet the first Napster subscriber thought the same...


    ---
  23. Lots of cash by Anonymous Coward · · Score: 1

    Thats a lot of cash but if their charging 50million users 5 a month then it looks like napster wouldn't be going anywhere.

    1. Re:Lots of cash by onepoint · · Score: 1

      Your correct, I would not pay napster anything when I have to pay a fee to them. I would rather get together with a few freinds and buy and burn our own cd.

      spambait e-mail
      my web site artistcorner.tv hip-hop news
      please help me make it better

      --
      if you see me, smile and say hello.
  24. Re:How are you gentlemen? by All+Your+Base+Are+Be · · Score: 1

    Somebody set us up the bomb

  25. Re:50 million users? by magic · · Score: 2
    2. What's going to stop people from sharing Napster accounts? General cheapness, access to billing information, one-login-at-a-time. Why does AOL have so many members?

    Napster works because it is easy to use-- no copyright protection stuff, passwords (beyond one you type once and forget), identity proof, etc. I can use it on all of my computers without any problem. Remember when computer games and software were like this? Right, before they became such huge business (software companies argue before piracy grew).

    An on-line music service that is a major hassle is a no-go. I'd pay a lot of money for a Napster that gets me legal, high quality songs. I wouldn't pay if it is a pain in the ass to use. If I can't connect from home because I forgot to log out at home, that sucks. If I'm paying and it's using a peer-to-peer architecture, I expect some kind of credit for the disk space and upload bandwidth I'm losing (how cool would that be for both the consumer and company-- a product that gets cheaper the more you use it).

    -m

  26. Dear Napster, by volsung · · Score: 2
    I will happily give you money if:
    • I can download songs with Napster without hassle, and with the program of my choice.
    • I can do so with complete, contract-bound assurance from the record companies that doing so is legal. I think CD's are a rip-off, but I don't believe in copyright violation either. Prove to me that I will not have to legally defend songs I download.
    • I can download songs in MP3 or Vorbis format. No SMDI, or yet to be announced encryption format garbage. If I can't do whatever I want with it (within fair use), I don't want it.
    • I can do so for $10 or less per month with no initial fees and the ability to easily suspend my account during months I do not want to pay.

    Do all of this, and I will give you my piece of the billion dollars. Until then, back to Half.com for used CDs.

  27. This ought to be fun. by Wakko+Warner · · Score: 1
    Yesterday, the Los Angeles Dodgers offered the New York Mets Gary Sheffield in exchange for Mike Piazza. The Mets politely, but immediately, declined.

    I'm guessing this story will play out about the same.

    -A.P.

    --
    * CmdrTaco is an idiot.

    --
    "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
  28. This links says barely 9 million users per month by nysus · · Score: 1
    Link is to chart of Napster users by month from NYT...no subscription needed for this link:

    http://ink.e-quill.com/view/719591c07994ab70

    --

    ---Technology will liberate us if it doesn't enslave us first.

  29. Re:50 million users? by citizenc · · Score: 2

    What would get people to pay? Honor. Honesty. I know that some people wouldn't pay, and that is their business.. but I know for a fact that, if asked, I would be more then willing to pay like $50 a year to have full access to Napster.

    ------------
    CitizenC

  30. Re:Lame Ain't an Mp3 Encoder by AFCArchvile · · Score: 1

    well, it sure is now. And boy can it encode! 647 megabytes of CD-quality WAV in eight minutes! Woo!

    --
    "Ancillary does not mean you get to rule the world." --U.S. Circuit Judge Harry Edwards, speaking to the FCC's lawyer
  31. Unfair by nature by alehmann · · Score: 5

    It's practically impossible to find the independent labels who, under this scheme, they would owe money to. Also, this assumes that the record labels ARE the law. If one small independent record label didn't want to participate in this deal, could they sue Napster and cause the same contraversy there is now?

    1. Re:Unfair by nature by Anonymous Coward · · Score: 2

      "I don't think this assumption is warranted. I'll be surprised if more than 1% pay, and I'll be shocked into incredulous silence with my mouth hanging open if more than 10% pay."

      I'm not so sure. If Napster has that kind of money to throw around, how far behind this is an AOL-like free sign-up CD blitz of the market? Many mildly interested people will be too lazy to sign up with Napster (or any other service) on their own. AOL cornered the ISP/portal market by making it very easy for this type of person to sign up. And AOL keeps them because they're too lazy to switch, even when they know there are better deals. (My sister, for example).

      AOL showed that this market is probably the overwhelming majority of people out there. Don't count out Napster just yet.

    2. Re:Unfair by nature by OmegaDan · · Score: 2

      Or independant artists (such as myself).

    3. Re:Unfair by nature by ShinyObjectsAndYarn · · Score: 1
      I agree, sort of. This could present other options to Napster far beyond what it seems though. If a small record label wanted their fair share, they could register with Napster. Mabey a payment-per-download system for non RIAA musicians. Napster, could in effect, nullify the Big Five when the contract expires. Musicans could just sign with Napster, with no contractural obligations, (other than Napsters agreement to pay the musicians), allow their music to be distributed on Napster, and still keep whatever other sponsors and promotors they would like to manage things like concerts and the like, and never have to deal with the RIAA co's to gain notoriety or distribution. Napster, in many ways, could become the next Big Five.

      How long then before Napster becomes the evil empire controlling our music?

      -Jeff

    4. Re:Unfair by nature by Syberghost · · Score: 5

      I don't doubt Napster would still spend considerable time in court, but at $5.00-$1.67x50,000,000users, I'm sure they will be able to work something out.

      You're assuming 50 million people will decide to pay Napster, instead of just using one of the many alternatives.

      I don't think this assumption is warranted. I'll be surprised if more than 1% pay, and I'll be shocked into incredulous silence with my mouth hanging open if more than 10% pay.

      -

    5. Re:Unfair by nature by Syberghost · · Score: 2

      AOL only has 21 million, and it's taken them 20 years to get there.

      You think Napster can acheive 50 million in a year? Or even five?

      If not, the cost per month estimates floating around are WILDLY inaccurate, literally by orders of magnitude.

      -

    6. Re:Unfair by nature by donutello · · Score: 2

      Yes and yes. Theoretically, this is simply Napster asking the major record labels to drop their case against Napster. If Joe Singer had his music "stolen" by Napster against his wishes, he has the option to resort to the same lawsuit against Napster for doing so. No one else can sell the rights that Joe Singer or Joe Recording Label own over their music.

      --
      Mmmm.. Donuts
    7. Re:Unfair by nature by SlashGeek · · Score: 2
      How long then before Napster becomes the evil empire controlling our music?

      You know, that thought occured to me too. If you really read my post, I did mention Napster and Napster-like services. I suppose there will always be some sort of evil empire, but I see a system like this as less of an evil. Especially if there are competing companies. At least, finally, there would be competition to the RIAA companies. As consumers, we do ultimately have control, but with the RIAA giants having as much power as they've had, our only option for a long time is to buy from them or have nothing. Having said that, some of my favorite bands/music are locals. While this system still may not make them millionares, at least they have the chance to be heard, and make some profit as well. I think it works for everyone, the little guy gets a chance, we as consumers save money, and get freedom of choice to what music we want and don't want to purchase on a song by song basis.

      Basicly, it means consumers have more control, and that is always better.


      "Everything that can be invented has been invented."

      --

      --I assume full responsibility for my actions, except the ones that are someone else's fault.

    8. Re:Unfair by nature by msodfjsalfhlskdhf · · Score: 1

      The problem is that most artists don't own the origionals to their music (in riaa standard contracts the big bad company owns them) and are signed on for multi-album deals that pay them very little. In five years some artists might be free of these contracts, but my guess is that the vast majority will still be bound by the whims of the riaa label regarding distribution of their music online. Personally, I don't trust labels not run by working musicians (and even some of those are shady).



      ====
      All things in life are subjective. At least that's what I think.

      --

      ====
      "white bread, redneck, chicken-shit, motherfucker" -- Dr. Dre on "Straight Outta Compton"

    9. Re:Unfair by nature by blonde+rser · · Score: 1

      I agree that it is unfair but I think the legallaty of the issuechanges.

      Without approval from the big 5 the main use of Napster was to assist users in an illegal activity. If someone shares an independant recording using napster software then that user is breaking the law. But since napster's main intent is to share big 5 recordings then how can they be blamed if someone uses it to share other recordings; someone is simply using the tool in an inappropriate manor.

      But does the situation become fair if a pay per download system is put in to place. Not really. Napster is then dictating the value of the song. The independant, as owner of the song, should have the right to decide for what amount he would like to sell a copy of his song; here napster is saying "hey, someone used napster to copy your song. Here's ten bucks. Now sit down and be happy you're getting something." Don't we have the right to ask for more than simply the value of our property.

    10. Re:Unfair by nature by nitz369 · · Score: 1

      I work in Computer Retail and this subject seems to come up a lot. I know that with talking to people, most are willing to pay up to $10/month to have access to napster. With BMG being in it too, there is many other possiblities like having access to BMG high speed servers with full albums. Most people spend more than $10/month on one CD.

    11. Re:Unfair by nature by SlashGeek · · Score: 5
      I agree, sort of. This could present other options to Napster far beyond what it seems though. If a small record label wanted their fair share, they could register with Napster. Mabey a payment-per-download system for non RIAA musicians. Napster, could in effect, nullify the Big Five when the contract expires. Musicans could just sign with Napster, with no contractural obligations, (other than Napsters agreement to pay the musicians), allow their music to be distributed on Napster, and still keep whatever other sponsors and promotors they would like to manage things like concerts and the like, and never have to deal with the RIAA co's to gain notoriety or distribution. Napster, in many ways, could become the next Big Five. If they do things right, they could stand to gain an awfull lot of power in the music business. And yes, I am sure that if some musicians didn't want to participate in the deal, some sort of settlement could be reached. I don't doubt Napster would still spend considerable time in court, but at $5.00-$1.67x50,000,000users, I'm sure they will be able to work something out. Almost all large corporations are constantly in court for some reason or another. Big money becomes a big target. That's just how things go. But I still see Napster as somewhat of a revolution. Music has been around for a lot longer than copyrights, RIAA, and recordable media. It will continue be around. But it will change, no doubt. The Big Five labels, like most companies, come and go in time. Their time is ending. Things are going to change. How they do, I don't think anybody can answer in detail right now. Napster and Napster-like services are the future of music distrobution. After the legal battles die down, and the smoke clears, I think we will be looking at something totally different than what we have today.


      "Everything that can be invented has been invented."

      --

      --I assume full responsibility for my actions, except the ones that are someone else's fault.

  32. Very cool... by JoeLinux · · Score: 1

    Not a bad idea. Works for geeks, and gets greedy RIAA people money they claim to be losing. I don't see how they can disagree with it.

    JoeLinux

  33. Pay WHO? by kilgore_47 · · Score: 2

    It would be entirely impossible to pay all the right parties. This is a half assed attempt to make something kosher. That would be like me paying microsoft and adobe for the right to pirate commercial software. They say they'll pay 'independent labels', but how do they know EVERY ONE? If I burn cds of my [hypothetical] band and sell them at [equally hypotheical] shows, and then someone pirates my music on napster, will they pay ME? I don't think so. And in fact, the membership fees that people would be paying while pirating MY MUSIC would be going to the big record companies. So, this brilliant bussiness model we've waited so long for napster to tell us about gives the big record companies the better bargin. Fuck that.

    --
    ___
    The way to see by faith is to shut the eye of reason. --Ben Franklin
  34. Something for nothing by Wah · · Score: 2

    The most important part of the article...

    "The $1 billion fee would be the equivalent for the industry of selling another $5.4 billion in CDs, since the labels would have no additional production and distribution costs associated with that fee, he noted. "

    Something for nothing for life + 95 years, and the major labels are fighting this. Really, that's been a lot of people's argument since the beginning. Something for nothing. But who is paying for the protection? And who is getting it?
    --

    --
    +&x
  35. opennap is still free by bluelip · · Score: 4

    A buck 67 is still to much to give to the labels. I'd be happy w/ 10 dollars a month if 95% went to the artists.

    Until then opennap it is.

    --

    Yep, I never spell check.
    More incorrect spellings can be found he
    1. Re:opennap is still free by Trevor+Goodchild · · Score: 2

      Implied extension of the sentence you quoted is
      ...as their primary form of having music they love.

      Yes, there is an elitism here, and it has nothing to do with the cost of my collection. It has to do with all these people posting to this story claiming that they have all this respect for music and the people who create it when most of them couldn't find the way to the nearest record store if you dragged them by the mouse they were clinging to like it was their primary life support.

      If you are, and have been, a music purchaser then you know that both sides of the "record sales are being affected" battle are total bullshit. Sales are up because the economy is up. Record sales aren't being altered one way or the other in any significant manner by the existance of Napster.

      What we have instead are a bunch of johnny-come-lately's who now have huge collections of music when prior to the existence of Napster they had virtually none. If you take any kind of objective look around you will see that this is primarily the case with Napster users.

      But I have no problem with this. It's great that more people are listening to more music. What I take serious issue with is all this bleating by these same people about how fucking concerned they are with music and artist's rights. They cheapen the devotion of those of us who truly care about these things in the same way that the drunken wife abuser next door cheapens the WWII veterans when he makes a big deal about hoisting up the flag every July 4th just so he can feel better about getting drunk on his day off.

      The only people who have any valid claim to caring about music when they primarily just collect mp3's are very young teenagers. If you haven't been a true listener and collector since you were under 18 then you missed something fundamental about music. I'm sorry, but you just don't know what it's about. You missed it. It's too late, and no matter how hard you try you can't recapture what you missed.

      That is the elitism. If you never spent significant time in a record store then you aren't a part of what makes music what it is. Yes, it is an elitist group. We have a bond and you can't share it. You can't even understand it.

      And to loudly advocate the rights of music and musicians without ever being a part of the fundamentals of that scene is bullshit. If you truly cared, and you aren't under 15, then you would have been there. You weren't, so shut up. If you weren't there then you didn't care. Jumping on the bandwagon now that music collecting is easy doesn't cut it.

      Go ahead and leech all that you can. I'm glad you've finally got some decent music in your car. But don't take some moral high ground because you aren't fucking entitled to it.

    2. Re:opennap is still free by Trevor+Goodchild · · Score: 1

      Pink Floyd hasn't recorded an album since 1982. What took you so long?

      And yes, you're right. Your Audiovox "Rack System" sounds like horse shit.

    3. Re:opennap is still free by Trevor+Goodchild · · Score: 2

      You are not "ditching" your collection, you are archiving it. Fundamental difference.

      You are a bit brainwashed by the media as far as the common napster user, as I am a common napster user.

      You are a bit brainwashed by slashdot as far as the common napster user, as you are not a common napster user.

      Show me somewhere else that says otherwise that found this out by asking each user

      Yes, indeed please show me where you have gotten your facts that aren't equally biased. Fact is, there isn't any valid study, only anecdotal evidence. And you know what? Of course there's more people claiming your side then mine. Do you really expect all the thieves to stand up en masse to be counted? Check the leech ratios of any file sharing service, be it Napster, Gnutella, FTP, whatever. Lots and lots of downlaoders and damn few hosts.

    4. Re:opennap is still free by Phantom100 · · Score: 2

      Opennap is free only until Napster has been dealt with. Once the RIAA gets a legal ruling against Napster, Opennap will be their next target. The cease and desist letters will flow like water, and unfortunately Opennap will fade away :(

    5. Re:opennap is still free by ConsumedByTV · · Score: 1

      I am ditching it.

      I am not making archives of it, I am simply using my right to download the same said material.

      Show me that I am not the common napster user.

      Its not possible to prove my side, in america you prove guilty, therefore you prove that I am (and all other napaster users) breaking the way.


      No I dont expect them to stand up and say "hey I broke the law", then again I dont expect anyone to even think they did.

      Most of the leachers probley own the right to download said music, prove otherwise.


      Fight censors!

      --


      "Not my manner of thinking but the manner of thinking of others has been the source of my unhappiness." - M
    6. Re:opennap is still free by Trevor+Goodchild · · Score: 1

      Most of the leachers probley own the right to download said music, prove otherwise.

      Oh please. Where is this rose-tinted world of yours, exactly?

      And as I clearly stated one thread up, I have no problem with these people anyway. At least not until they start spouting off on slashdot about "musician's rights". Ingrate thieves have no place championing the rights of those they steal from.

    7. Re:opennap is still free by Trevor+Goodchild · · Score: 1


      btw, if you are indeed eliminating possession of your curent collection, how are you doing so? If you are selling or giving away the stuff then you are willingly giving up your right to use, and as such have no legal grounds to retain copies in mp3 format. The only possible way you could still claim a valid license is if you destroy the physical copies, and even that is legally dubious.

    8. Re:opennap is still free by Graspee_Leemoor · · Score: 1

      If I had mod points I'd mod this up.

      It's not flamebait, it's just not the /. party line and is vehemently expressed.

      A lot of people collect mp3s like warez kiddies collect warez- they like the respect they get when they have something obscure no-one else has, they like to show off the length of their lists or boast about how many Gig of mp3s they have on thrir hard drives, they like to have the big popular stuff within minutes of it being released. The comparison is obvious- these are actually the same people! In Victorian times they probably collected rare butterflies pinned into dusty glass cases. Think about it.

      Graspee

    9. Re:opennap is still free by rhadamanthus · · Score: 1
      i agree. the problem i have is strictly this:

      although the RIAA likes to trample all over services like napster for "hurting the artist" and "stealing from the artist", the only real people who lose money are the gozo-millionaire types who run the labels. Courtney Love realized this a while back and tried to sue her label for "her piece of the pie" which supposedly the label was fighting for. Although I am sure she lost, the irony is just sickening.

      those who are claiming to help the "starving artist" take 97 cents to the dollar for their "services". out of the frying pan and into the fire.

      --rhad

      --
      Slashdot needs to interview Natalie Portman.
    10. Re:opennap is still free by Trevor+Goodchild · · Score: 2

      You don't give a flying fuck about the artists you lying piece of shit. You, like very other heavy Napster user out there, don't care about artists or music. Yes, you read that right.

      People who truly enjoy and appreciate music don't download mp3's. They buy their music, because there is much more to the whole concept of what recorded music is than just the sounds.

      But you, and others like you, don't understand that. You have never understood that because until mp3's came along you didn't give a rat's ass about music, and you still don't. Prior to 1998 your entire music collection consisted of Beck's Mellow Gold and the first Us3 album because your friends said they were cool. But now that you've got 20G of mp3's we're all supposed to believe that you're some afficienado of music? Bullshit!

      You take it becuase you can and because it's free. If it wasn't easy you wouldn't bother with music at all. In case you can't quite follow the logic there, that means that you don't care about music, and you certainly don't care about musicians.

      There are thousands and thousands of people who have collected huge numbers of CD's, LP's, and even a few cassettes, of music that they love and appreciate. Are these people converting all their stuff to mp3 and ditching the physical versions? NO. Are they the typical demographic of mp3 users? NO. Do they still buy CD's and LP's? YES. Do they truly appreciate music and the artists that create it? YES. Do you? NO.

      You're a leacherous fuck. You care for nothing but what is convenient and easy. If music were gone from your life you wouldn't miss it after 5 days, because if you truly loved music you would take the necessary steps to actually own some.

    11. Re:opennap is still free by Trevor+Goodchild · · Score: 1

      You're a pathetic troll. Nothing more.

      No, I am an arrogant prick who really doesn't like any of you one bit. You are loathsome people, and as an arrogant prick I choose to insult you in your own forum rather than go do something productive with my time. Since the opions expressed above are for the most part genuine, your label of troll doesn't fit.

    12. Re:opennap is still free by ConsumedByTV · · Score: 1

      My point is that You have to prove it. You are pointing the finger.
      Show me, thats how the law works.


      Fight censors!

      --


      "Not my manner of thinking but the manner of thinking of others has been the source of my unhappiness." - M
    13. Re:opennap is still free by Chump1422 · · Score: 1
      Record sales are up higher than they have ever been in the past.

      That is meaningless. You have no idea what record sales would have been without Napster. Even if sales are rising it doesn't mean they wouldn't have risen even more without Napster. Napster may be hurting the record companies not because they're making less money than they did in the past but because they've been deprived of income they would have gotten without it. And for every person who says they buy more music because of Napster, I'll show you someone who buys none because of it.

    14. Re:opennap is still free by ConsumedByTV · · Score: 1

      Destroy :)

      I leave you with a good quote:

      "Destruction is not negative, you must destroy to build."


      Fight censors!

      --


      "Not my manner of thinking but the manner of thinking of others has been the source of my unhappiness." - M
    15. Re:opennap is still free by Graspee_Leemoor · · Score: 1

      Erm, "The Division Bell" ??

      I know it's crap, and has no RW, but it's still PF in name and has DG whining on it...

      Graspee

      ps sorry for abbrevs- just got up and hard to type

    16. Re:opennap is still free by Trevor+Goodchild · · Score: 1

      Nah, I'm snobbish about that stuff. (No surprise there, right?). I even find it difficult to call the '82 album a Floyd one because Rick Wright got the boot from Roger Waters right after The Wall.

      Stupid Floyd trivia: Nick Mason, the drummer, is the only member to have appeared on every album made by Pink Floyd.

    17. Re:opennap is still free by uptownguy · · Score: 1

      A fool is someone who is ignorant. A damn fool is someone who goes out of his or her way to prove to the rest of us just how ignorant they are... ...those of us who've followed this thread this far down have a pretty fair guess as to which category our friend ConsumedByTV falls into... In the meantime, the rest of us, leeches and purists alike, will sit on the sidelines and watch Trevor defend reason...

      --


      I would have to say that explosives are the most abused technology in all of history.
    18. Re:opennap is still free by Trevor+Goodchild · · Score: 1

      Troll or not, it's how I genuinely feel.

      If you have a valid counter-argument then please offer it, preferably while logged in. Otherwise, shut the fuck up.

    19. Re:opennap is still free by Bugaboo · · Score: 2

      Yes, just like DeCSS did.

    20. Re:opennap is still free by ravenmoon · · Score: 2

      guess I'll take the bait...


      People who truly enjoy and appreciate music don't download mp3's

      You are wrong here. I believe I truly appreciate music and the artists that create it. I also download mp3's to sample new music, if I like it, I'll buy it. Last year I discovered (and purchased) more music than I ever did in the past because of napster.

      It sounds like you are one of which you spoke of who"collected huge numbers of CD's, LP's, and even a few cassettes" and feel some kind of eliteness because of it. Why are you so hot and bothered over the subject, are you an artist who is getting screwed by napster or something? Or are you just pissed because your expensive music collection is not so special anymore?

    21. Re:opennap is still free by ConsumedByTV · · Score: 3
      First off I use napster.
      Second I own hundreds of records and tapes.
      Third I own two times as many cds.
      I dont have time to encode the record or tapes.
      I use napster.
      Why?
      Because I have already bought the right to listen to it. It doesnt matter where or from what, acording to fair use, I can do this.
      I do care about music, I make music, I also think that someone might hear my music now because I can distribute it via napster, mp3.com, ect.



      I am one of the thousands of people that have huge numbers of CD's, LP's, and cassettes.
      I am converting all my music into high quality mp3 (lame vbr1 with a max bitrate of 320 and a low of 160) format. I am ditiching the discs, the records and tapes. I am the typical napster/mp3 user. I am not the typical napster/mp3 user as put forth by the media that IS OWNED by the companys that are feeling ripped off (which they shouldnt be to the extent they are). Do I still buy the cds? Yes I do. Do I even listen to them in the media I buy them on anymore? No I dont, I rip them and encode them and I NEVER use the cds again. They are in perfect condition as a result. I do apreciate the music and the artists that create it ( I am an artist ).

      You are a bit brainwashed by the media as far as the common napster user, as I am a common napster user.

      Show me somewhere else that says otherwise that found this out by asking each user, or ISNT owned by at least one (or is part of a joint corp of said company) company suing napster.


      And their is no reason to get angry and cuss about the media bias that isnt true.


      Fight censors!

      --


      "Not my manner of thinking but the manner of thinking of others has been the source of my unhappiness." - M
    22. Re:opennap is still free by Steeltoe · · Score: 1

      Atleast they don't have a cap on 100 hits on search results like regular Napster.

      - Steeltoe

    23. Re:opennap is still free by ArsonSmith · · Score: 2

      I would say I am close to what you descripe. Although I have bought several hundred CDs in the past I havent in a really long time. I don't belive I will ever again either. All my cds are in mp3 format now. What I do have to argue about is the exact opposite of what you are saying is happening in people that I have introduced to napster.

      My father is a huge contry music fan. Mostly really old stuff from 30s and 40s. I introduced him to napster and mp3s in general. Not to long after downloading 100+ mp3s he had an mp3 ripper and was ripping his entire cd collection (well over 3k cds).

      He also intoduced this to a friend of his who began doing the same thing. He was looking up mp3s to cover all of the old 45s that he has. Next time I am in that part of the state I have been obligated to help him hook up his record player to his sound card so he can rip some of the 45s to mp3s.

      These are all people who use napster as a service and not as a way to pillage the recording industry. They both have extream loyalty to music and artists. Now this may be a limited segment of the napster community but out of all the napster users I know there are all this way.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    24. Re:opennap is still free by TheOutlawTorn · · Score: 1

      Artists making most of their money touring is a popular misconception. Unless you are the Backstreet Boys or Britney, you tour primarily to support an album and keep your name in people's minds. If you are a mid-range level band (under 1,000,000 in album sales), you are lucky to break even on touring, unless you are fortunate enough to get on a festival package, such as Ozzfest. People wonder why T-shirts cost so much at concerts; it's to offset the cost of putting the whole thing together. Remember, most bands do not sell out arenas at $75 a seat.

      --

      He who joyfully marches in rank and file has already earned my contempt. - "Big Al" Einstein
    25. Re:opennap is still free by Graspee_Leemoor · · Score: 1

      Well I stopped considering it Pink Floyd after Syd Barrett left, but there you go.

      Plus, who cares if Rick Wright got the boot? Have you heard "his" tracks on Ummagumma? Aieieieie. Less, please.

      A friend of mine says that the only reason PF ended up playing stadiums is because they were too fat to fit in small venues anymore. There was also a good part to his joke where he compared N. Mason to one of the inflatable balloons they used to have at PF gigs, but it's probably getting too cruel already...

      Graspee

    26. Re:opennap is still free by divec · · Score: 1
      Opennap is free only until Napster has been dealt with. Once the RIAA [...]
      One of the "A"s in "RIAA" is "America". An OpenNap server can run in any juristiction. What's the chances that the music industry has a hard time fighting OpenNap in at least one juristiction?
      --

      perl -e 'fork||print for split//,"hahahaha"'

    27. Re:opennap is still free by WildStream · · Score: 2

      Yep and i just read that napigator2 is out here is the link http://betanews.efront.com/article.php3?sid=982705 382 with the feature of being just a tab in napster program it'll be even more easier for newbies to use opennap than pay.

    28. Re:opennap is still free by RedX · · Score: 2
      One of the "A"s in "RIAA" is "America". An OpenNap server can run in any juristiction. What's the chances that the music industry has a hard time fighting OpenNap in at least one juristiction?

      And the last "A" in "MPAA" is also "America", but that didn't stop them from going after non-US citizens and web hosts in their battles against DeCSS. When it comes to US mega-corps, many foreign governments seem very willing to bend over and take it.

    29. Re:opennap is still free by slinch · · Score: 1

      I have to agree with this as well. Most of the money goes to the record companies when albums are bought. That is why record companies are so opposed to napster. Most artists make most of their money touring. Anyway if the record companies would look at the statistics they would realize that napster is not hurting the record industry at all. Record sales are up higher than they have ever been in the past.

    30. Re:opennap is still free by Zara2 · · Score: 1

      Fully agree. While I now collect mostly MP3s for major record labels I have been collecting CD's and tapes since I was around 14 and found that I could copy all my friends tapes and share them. Even then tho I would go out and buy the tapes that I really felt deserved it even if I already had a copy. Now I do the same thing with MP3s. I just ripped the latest marilyn Manson CD. (personally I felt I deserved it after the dissapointment that was mechanical animals) but on the same day I spent aboujt 60$ on a bunch of alternative tentacles CD's so that these artists would get the money.

      --

      Pithy, yet ultimately meaningless, phrase expressed with gusto!

  36. Re:Problem is it'll be "Napster II" with encryptio by LordNimon · · Score: 1

    My guess is that they can modify the Napster clients (which are also servers) so that they still publish MP3s, but the MP3s are converted to WMFs (or whatever) during the transfer. People can still publish MP3s, but no one can download one. People can also publish WMFs, but only those that are "Napster approved" - mean that you can't publish a WMF that has no copyprotection. Then, they need to change the Napster protocol so that only people using the new clients will see each other.
    --

    --
    And the men who hold high places must be the ones who start
    To mold a new reality... closer to the heart
  37. if RIAA { Napster = Sellout } by GuNgA-DiN · · Score: 1
    I say we forget all about Napster (the company) and focus our efforts on Napster the protocol. Napster was only on version 2. Relatively young in its development. So, the company sells out and gets in bed with the RIAA -- who cares?

    In a few years Napster will be synonymous with the term "record company". So, let's develop the NAP protocol. Let's develop new clients, improve P2P and gnutella. Let's create NEW protocols and software that helps us to trade MP3s. Just because Napster (the company) is dead doesn't mean that the idea is gone.

    Scour was on the right track... come up with a searchable encrypted format. Even better make it ASCII based so it can be hidden inside of HTML or text files. Necessity is the mother of invention. And, since our "Napster mom" turned into a crack-whore.. we're just going to have to start inventing some new stuff!

  38. RIAA math by god_of_the_machine · · Score: 1

    maybe it's the same people that calculate how much Napster is destroying artists whist ignoring a rise in CD sales...

    -rt-

    --

    -rt-
    ** Evil Canadians are taking over the world. Learn about the conspiracy
  39. Too much buyer power by Hangtime · · Score: 1

    For those amongest us who know of Wal-Mart and the power of the buyer here's a lesson. Wal-Mart while early on prospered by use of its IT division to drive down costs has since then used its buying power muscle to squeeze its suppliers and keep prices down for the consumer. Is this bad? You tell me...I go there all the time because its the cheapest and people still willingly sell to them and there is jet service into Fayetteville full of sales reps trying to get into there stores. Point Im making is this. Wal-Mart accounts for 13% of the total record sales. The market for music was $14.4 billion dollars last year that means Wal-Mart kicked in about over a billion. The talk is Napster with its fee will kick in the equivalent of 5.4 billion dollars of CDs sold over those five years. This would make Napster the equivalent of Wal-Mart to the industry. Two entities controling over 20% of the distribution channel. Are bells and whistles going off yet? Not a good thing if the only thing you bring to the value chain is some promotional goodies and a bunch of CD presses. In the RIAA won't take the deal, but may be forced through public and political pressure to do so. Who knows maybe Wal-Mart buys Napster and I can find my Techno, Trance, and Progressive House mixes at Wal-Mart here in the buttass middle of Texas. FYI, I got into the stuff listening to Radio One Essential Mixes of older Paul Oakenfold stuff off Napster (thank you my fine British friends =) )and my musical tastes have come to encompass many forms of electronica since then. Thank you Napster and I have the bought Global Underground CDs (current fav Dave Seaman Buenos Aires) to prove it. If this seems scatterbrained, its because it is.

    HT

  40. Re:Get real by yuriwho · · Score: 2

    I'm sure many DJ's would be willing to pay for access a high bandwidth distribution system to allow them to download hifi versions (CD quality at least) of whatever they want. Radio stations would use the same or a similar service.

    And for the DJ that has the vinyl version....two thumbs up. The good DJ's can tell what a crowd wants in spite of requests. A good DJ is on top of the current music scene and knows the relations to the past. I doubt they would dislike access to a huge collection.

    Y

    --
    no sig.
  41. Re:if RIAA { Napster = Sellout } by kz45 · · Score: 1

    it has been done already :-) http://opennap.sourceforge.net It's the next napster

  42. Absolutely they'll pay! by sparkane · · Score: 2

    For the forseeable future at the very least. If the Buck-oh-five estimation of the price is on target, people will be scrambling to pay.

    One reason will be the assuagement of conscience. Now you're use of Napster is ethical and untouchable, no more sting of guilt. I think this will actually be quite a compelling reason, even though it won't get much airplay. Most people don't like to feel like their having their fun at the expense of the folks who give it to them.

    Plus let's not forget you're also getting the most convenient and efficient way on the planet to test if that new band's CD really is worth the 15 or so Shekels you're thinking of shelling out.

    Sorry to be such a napster booster here (I don't work for them!) but let's also remember that for many people, a cheap way to legally get as many mp3s as they can swallow means the end of their cd collections. Why should I spend so much on CDs when I can get a mother of a hard drive for my mp3s? Not that $1.67 really bites into the CD budget anyway. A lot of people think that mp3 is good enough. And as the codecs make the music smaller, making digital more convenient, more are likely to think this way.

    It'll just be ultra convenient. Gee, only 50 million? think it'll stop there when your potential clientele includes every online person on the planet? If the RIAA buys this deal, it will be ALL GOLD.

    1. Re:Absolutely they'll pay! by 1+1trouble · · Score: 1
      "Why should I spend so much on CDs when I can get a mother of a hard drive for my mp3s? Not that $1.67 really bites into the CD budget anyway. A lot of people think that mp3 is good enough. And as the codecs make the music smaller, making digital more convenient, more are likely to think this way.

      Ignorance is bliss...yet again. I am of the mind that if people can't hear the difference between mp3 and CD (wav), or worse, that they *can* yet they choose mp3 because of convienence...that they don't deserve to listen to good quality music anyway, much less heighten their auditory faculties and impulses.

      It makes me sick.

  43. RIAA vs. Artists? by Maveryk · · Score: 2

    I understand that there's a certain animosity toward the RIAA in the online community as a whole: that's to be expected. What I don't understand why, with this current decision on Napster's part to distribute music legally, people are screaming outrage over artists' rights, acting as if the RIAA is muscling around and essentially enslaving their artists.

    Contrary to popular belief, members of the RIAA don't send agents to the houses of talented artists and threaten to break their legs unless they agree to be represented through them. I also find it very hard to believe that any artist expects that most of the revenue from their music will come back to them: I'm certain those members of the RIAA that they CHOOSE to deal with make this very clear. This in fact is fair: The artists put in their talents, but as history has shown, the excessive marketting and management provided by the RIAA are most costly and more effective in such a lemming market as North America (thus we have such successful groups as the Backstreet Boys and N*SYNC). Artists are also VERY rarely locked in dark basements and forced to make music without food or water while chained to microphones and handcuffed to instruments. Simply put: The artists who work within the RIAA aren't forced into unequitable treatment or abusive circumstances without some say of their own, and while all the money doesn't go to them, I can't think of many artists under the RIAA's overseeing that've resorted to an impoverish lifestyle without some poor decisions of their own.

    Realize, of course, that if prices for CDs weren't "artificially inflated" as the FTC suggests, artists would make even MORE money and marketting would be almost nill, with most of the actual revenue going toward paying for meager marketing and standard expenses.

    Anyway, back on topic, selling the rights to the distribution of their music isn't abuse of the artists on the RIAA's part, as I'm certain that such issues are covered in initial contracts. Heck, if people're opposed to the RIAA allowing distribution of music across Napster, than why aren't these same people protesting the use of artists' music on radio stations? Most of the time they have no say in that either! What injustice! Sure the situations are different at heart, but aren't the principles essentially the same?

    Anyway, I'm sick of people acting as if this is some huge controversy and injustice on the part of the RIAA, both toward consumers and artists. There's nothing new in this scenario that hasn't been going on for decades within the industry: the only difference are the players... or rather, one of the players.

    If you're so intent on defending the rights of the artists, stop attacking those few that actually voice their own opinions, such as Metallica. Otherwise you're simply a biased hypocrite.

    1. Re:RIAA vs. Artists? by Maveryk · · Score: 1

      Actually, it's called an Oligopoly. Oli-go-po-ly. Last I checked our heavily commercial society encourages them, so long as they're not "overly-friendly"... which is sadly what Napster's encouraged with the RIAA, by providing a common enemy.

  44. One Question: how would it work? by sparkane · · Score: 1

    How will this literally work if the files never go over their servers? Through the client I guess? But how? This is a very imporant question. The idea I'm getting from your post is that I will have mp3s on my hard drive, which I myself made, are not encrypted because I don't know how to do it or don't like it or whatever. So someone sees my files on the nap network, tries to download it, and when it arrives on their hd, it's napsterized? Is this feasible?

  45. Re:People won't pay... by Orange+Smlf · · Score: 2

    You just dont get it do you!
    People won't have to pay!
    all it takes is one big isp somewere
    in the world who decides to try to
    bundle their service with legal
    free access to music via napster..
    and then raise their rates 2-3$ a month..
    and the snowball is rolling.

  46. Re:You gotta wonder about Shawn.. by Anonymous Coward · · Score: 1

    Anyone else wondering why Shawn Fanning is still hanging on? because they are still paying him. a steady job is nice. they NEED him. they need him to keep from looking like the corporate entity that they are, and they need people to pretend that he is running the company, a "hip genX friendly company" in image alone. without him, they are RIAA, the sequel. odd, because of how little he has to do with Napster anymore, does he actually do anything for them? well, other than do interviews about how cool his company is... Chao

  47. Re:That much, eh? by cpt+kangarooski · · Score: 1

    The two CDs are a better deal.

    Napster is going to rig the whole system up so that you can do virtually nothing with the music you get. Can't move it to a different machine, can't burn it to mp3, etc. Basically they'll try to gut the entire mp3 standard.

    With CDs at least you can do stuff.

    I'll be damned if I use Napster 2.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  48. Boycott anyone? by root_dev_X · · Score: 1
    I dunno if anyone has every seriously considered this or not, but what about a boycott of the music industry?

    Think about it - if everyone on Napster just stopped buying CD's it would send one hell of a message. Even better - if you could organize a large-scale boycott (say, everyone on the internet ;p) then the message would be even more clear. Even if it only lasted a month it would punch a mighty big hole in profits (plus it might be enough to starve away uber-pop groups), which seems to be about the only way to get their attention anyhow (after all, RIAA and others didn't start to notice Napster until profits began to "slip").

    Any ideas? You can count me in :).

    warble

    --
    ===== Warble://VX
  49. All-You-Can-Eat Music... by edashofy · · Score: 1
    This is an interesting concept. It's like flat-rate Internet service. Remember when all the dialups (Compu$erve, Q-Link, etc.) used to charge by the minute? How happy I was when flat-rate Internet service came out and I could surf all I wanted for $20/mo.

    I wonder how much I'd actually pay for all-you-can-eat music. I suppose that I spend on the order of $250 a year on music (not a big music lover, but I like CD's.)

    As such, for all-I-can-eat music like this, even $120/yr ($10/mo) would not be such a bad deal.

    I pay a flat rate for my cable, my Internet service, my apartment rent, etc. This rate doesn't change no matter how much TV I watch, how much I'm online, how much time I spend at home, etc. Why doesn't my music or software work this way?

    As an interesting side issue, what would you pay for the equivalent of a Microsoft MSDN Universal Subscription? I'd pay $100 a year for all the Office, Windows, SQL Server, and FrontPage I could eat...

    1. Re:All-You-Can-Eat Music... by jcsmith · · Score: 1

      Try emusic.com, I'm happy with it for $9.95/month for unlimited mp3s. Doesn't have all the major labels, which doesn't really concern me, and they keep adding new labels all the time. It's easy, it's fast, and it's cheap. They also have a MP3 users rights page which should be acceptable to a number of slashdot readers. They might still have their free trial going on, but I'm not sure.

  50. Re:I think your missing the big picture. by Neck_of_the_Woods · · Score: 1

    Love ya, mean it. Come give old Neck a hug...
    Neck_of_the_Woods

    --
    Neck_of_the_Woods
    #/usr/local/surf/glassy/overhead
  51. Pay for music by gmpicket · · Score: 1

    I have no problem paying $1-$3 per single if I can download and enjoy immediately. I would prefer 100% of the money go to the artist and none to RIAA.

  52. You're going to give them CC information? by MattGWU · · Score: 2

    Is it just me, or is giving Napster your credit card information a Very Bad Thing. Think about it...once they have your credit card information, they have everything about you. By They, of course, I mean the RIAA and company. Fork over your information, and Napster suddenly become a little less anonymous. Lets take it step by step:

    *We know that the RIAA and musicians can track who is downloading what on Napster.

    *You give Napster your financial information.

    *We know that the RIAA and certain musicians can muster superlative legal power.

    *Is it so impossible that they can get this information from Napster to "ensure that their requirements are being met"? Sure, there are probably laws about this kind of thing. Hell, there are alot of laws...millions. Has this stopped anyone with enough money yet? No!

    *Lets say you download more of a certain album than the lawyers or tracking services would like you to.

    *Suddenly "NapGuy986" becomes "Joe "Evil" Pirate of 123 Main Street, Your Town, USA. Phone Number 867-5309 Goes to F University, drives a Honda, penchant for very progressive magazines." and so on and so forth.

    I don't know about you, but I'm not paying for this thing unless I can drop by CVS and have them cut a money order for $2 for the pleasure.

    --
    "These people look deep within my soul and assign me a number based on the order in which I joined" --Homer re:
  53. I think we need to protect both solutions by Wah · · Score: 2

    'cause both are going to be around. I think it would be an incredible experiment in *cough* communism vs capitalism. On the one hand you have the free (price and action) service. Open source clients and servers, run by volunteers, faith-based organizations, or governments (where aplicable). By their nature, profit and it's motive are forbidden.

    One the other hand you have Napster II, a pay service, sanctioned and serviced by the major labels and major corporations. They have the benefit of being able to profit and will most likely have a better, easier-to-use service and the added benefit of tons and tons of existing capital.

    Can the two systems co-exist? Given a totally free market, which one would prosper? A challenge, perhaps?

    [don't read too much into the commie stuff, please]
    --

    --
    +&x
    1. Re:I think we need to protect both solutions by blindbat · · Score: 1

      It will boil down to who wants to pay into the "conscience fund" Napster model and who will choose to continue in the "hot properties" model.

  54. Re:50 million users? -- more questions by OmegaDan · · Score: 2
    And if I pay to download music on napster -- say I download a whole album -- can I make a legal copy of the original CD? I did pay for the album.

    This is going to fail for one reason best described by a cliche, "There is no honor among thieves."

  55. What happens after 5 years?? by whydna · · Score: 3

    Ok, so let's say everything works out as planned. They pay the record companies, et. al., $1 billion over the course of 5 years. What happens after that? Who get's all the money. Does that mean that the Napster people stand to make another $1 billion over the 6-10th year for themselves after that??

    1. Re:What happens after 5 years?? by Legion303 · · Score: 1
      Well, that figure worked out to $1.67 per user, per month. If Napster charges users any more than that to use the service, we can safely assume they pocket the difference.

      -Legion

  56. lawyers are cheaper by gol64738 · · Score: 1

    wouldn't it be cheaper than $150 million to just keep some good lawyers in court?

    1. Re:lawyers are cheaper by Legion303 · · Score: 1

      Not if they charge users $10/month for the "privilege" of sucking up to RIAA. -Legion

  57. Inaccurate news reports by kchayer · · Score: 1
    I suppose this comes as no surprise to most of us who are used to this, but my local news report just reported this offer by Napster. They proceeded to describe Napster as a service that "allows users to download the songs for free through its web site."

    Whatever!

    --

    "I say consider this day seized!" -Hobbes
    "Tomorrow we'll seize the day and throttle it!" -Calvin
    1. Re:Inaccurate news reports by Legion303 · · Score: 1
      A recent story on a local news station got most of the details right, but the nifty PowerPoint graphic they used showed two Macs transferring some colors between each other; I believe the Mac version of Napster hadn't been invented at the time.

      -Legion

  58. Re:That much, eh? by MattGWU · · Score: 1

    Heh...I'd gladly pay less than $2/month to make it legal. It'll make me stop feeling like one of the slimy warez d00dz I'm so fond of launching triads against at every opportunity. If you're not paying for it, it's piracy, and that makes several tens of millions of people slimy warez d00dz! But it's ok, because I use it so that makes me a warez d00d, too!

    I know I'm asking for it Karma-wise, but it had to be said!

    --
    "These people look deep within my soul and assign me a number based on the order in which I joined" --Homer re:
  59. Re:ad banners by grapeape · · Score: 1

    With 50 million users i really dont think anyone is refering to doubleclick or linkexchange...more like Coke or Pepsi buying perm ad space. The reason why banner ads are dead is because there was no method to the maddness. Targeted advertising and sponsorships are the way that advertising can and will be successful on the web.

  60. quality of service expectation by asonthebadone · · Score: 3

    If Napster wants to go to a pay-per use method, then what's the point of peer to peer sharing? If I'm paying $2-$10 a month for this service, I expect *quality*. I don't want to have to try to download 10 different versions of the same song to get a download rate faster than 5KBytes/sec. I don't want to search through lists of poorly/incorrectly named song files. If I'm paying for it, I want 30KBytes/sec minimum. I want full 320kbps MP3 files. I want *every* song from *all* of the record labels participating. I don't want to see only what is on the hard drives of the other people who are on the same server as me. The reason Napster succeeds is that it is free, so everybody has a low expectation for the quality of service. If your cable TV only worked certain times of the day, and some of the channels were intermittent, you would not be happy. But for antenna channels? You just keep adjusting those rabbit ears as best as you can and grin and bear it. Why? Because you don't pay for it.

  61. Can anyone do math around here? by Sparohok · · Score: 1

    $1 billion / 5 years / 12 months / 50 million users = 33.3 cents. On the other hand, 50 million users is optimistic by about an order of magnitude, IMHO.

  62. Re:What comes next by SilverWeed · · Score: 1

    Heh, they couldnt patent it, usenet and irc have both been around longer.

    --
    Remove the Spam to email me.
  63. Re:People won't pay... by tswinzig · · Score: 3

    You'd be amazed how many rich suburban kids use Napster for the convenience, not because they don't want to pay. If anything, paying would make them feel better about downloading the music.

    Yet another reason the RIAA's artists should be releasing their albums in high-quality MP3 bundles, for a fair price (I'd say, $5-7 per album, with 50% or more going to the artists themselves would be fair to us and fair to the artists).

    People will pay if it's CONVENIENT and UNENCUMBERED. If either of those two things fails to exist, they will STEAL. This is why Napster is successful. This is why other similar services will be successful in the future. The RIAA can get it's act together and profit, or keep losing control over their content as they have been.

    --

    "And like that ... he's gone."
  64. is that really a lot? by Junior+J.+Junior+III · · Score: 1
    A billion sounds like a lot, but is it? How many billions of dollars worth of CDs were sold in the last five years?

    I rang, you rang, we all rang for orangutang!

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  65. Re:WHOSE GOING TO PAY? YOU ARE ! WHY?? by $eyeB0rq_munqee · · Score: 1
    Yeeeeeeehhaaaawwwwwwww! You tell 'em, cowboy! Giddyup, lil cowpokes! I'm gonna rustle up me some MP3's... AND SHOVE THEM RIGHT UP YOUR ASS!

    Napster can suck me, the fucking prostitutes. Napster - whore of the internet!

    --
    News for turds, shit that splatters
  66. Re:People won't pay... by joshsisk · · Score: 1

    I, as well as many of my friends (all college age kids), would definitely pay $5 or even $10 for napster, especially if it was 100% legal.

    Josh Sisk

  67. It's an olive-branch manuver by MattGWU · · Score: 2

    Ok...this is what I think is going on.

    Napster is offering One Billion Dollars. To the average human, that sounds like a hell of alot of money. Wow...A Whole Billion Dollars..Just Imagine!

    To the RIAA (non-humans), that's a drop in their Bucket of Relentless Riches +2.

    So Napster is saying "Here...we're going to give you a whole Billion Dollars if you leave us the hell alone".

    The RIAA can say "Ha ha ha...we PISS on your measly billion...begone with you!!"

    At which point, the RIAA looks like huge bastards.

    Napster can then say "See? We tried to be nice...tried to appease them, but they shot us down"

    Film at 11, and suddenly everyone in the world finally sees what greedy jerks the RIAA et al are!

    Personally, I like that.

    --
    "These people look deep within my soul and assign me a number based on the order in which I joined" --Homer re:
    1. Re:It's an olive-branch manuver by Dyolf+Knip · · Score: 1
      Personally, I like that.

      Indeed. One should remember that the RIAA has been pulling nasty media coverage tricks on Napster since day one. About time they got some of their own back.

      Also, $1 billion is a lot, even to the record companies. An extra 5% or so on earnings for doing _nothing_ is pretty nice.

      --

      --
      Dyolf Knip
    2. Re:It's an olive-branch manuver by Dyolf+Knip · · Score: 1

      My bad, that $1b isn't 5%. It's $150m every year, which is more like 1%.

      --

      --
      Dyolf Knip
  68. Re:ad banners by joshsisk · · Score: 1

    They could also supplement it with "click here to buy this cd on amazon.com" type affiliate money. Or even sell the cds themselves. If 50 million people use Napster, I could easily see it surpassing the other online cd stores.

    Josh Sisk

  69. Nice by SpanishInquisition · · Score: 1

    Now the majors will get the increased sales because of the incredible promotion potential of Napster, plus a billion for spare change. Napster will get almost as rich by their newly acquired legitimity(i.e people won't bother the moral issue to use it, everyone will use it), with the possible monthly fee + all the advertising possibilities times 50 millions users you do the math. Oh by the way, from where will all this money come from? From you my friend, that's how capitalism works.

    --
    Je t'aime Stéphanie
  70. What about the artist? by mgoyer · · Score: 2
    I'm left asking what about the artist?? This sounds like a good deal for the record labels but nowhere do I see anything about the artist.

    In fact I think the artist will be worse off under an all you can eat plan. The pie is just going to end up being more thinly sliced leaving artists with the skinniest one.

    Record labels have historically screwed the artists and this isn't going to change that.

    Matt.
    If you believe in compensating the artist use Fairtunes.

  71. Random Thoughts by ktakki · · Score: 1
    • This is the death of the vanity label. Think of a pyramid, with the Big 4 at the top but representing 90% of all sales. In the middle are the larger indies like Sub Pop. At the bottom, however, are the vanity indies, microlabels that form around the works of one band or genre.
    • It's interesting that this is treated like unit sales (mechanical royalties paid to the performer and administered by the RIAA and the labels) as opposed to performance (and performance royalties are paid to the songwriter and administered by BMI/ASCAP/SECAM a la radio, tv, jukebox, and movies). Death of the songwriter, film at 11.
    • US$1B seems a bit low over five years, considering that the domestic gross is in the neighborhood of $12B, even accounting for the fact that most Napster users just download the single from an album (roughly 10% of the content). Or so they say.
    • The promise of a revenue stream from online sales will spur the Big 4 to put up their own Napster server farms, thus widening the gulf between majors and indies.
    • That most Napster users are in search of mainstream product means that the death of smaller indies goes unnoticed by the hoi polloi. The cultural underclass, however, manages to subsist on indie product through a network of free servers, thus dooming their idols to a lifetime of slinging burgers.
    • The RIAA gives power to corporations. BMI and ASCAP represent hundreds of thousands of songwriters. Songwriting is largely a solitary act of creation, like coding. The administration of performance royalties and disbursement to writers by these organizations is a business model that works, that empowers the individual, and is one that the software industry, particularly the shareware sector, would do well to evaluate.


    • k.

    --
    "In spite of everything, I still believe that people
    are really good at heart." - Anne Frank
    --
    "In spite of everything, I still believe that people are really good at heart." - Anne Frank
  72. Re:WHOSE GOING TO PAY? YOU ARE ! WHY?? by wuice · · Score: 1

    Nobody cares about a hard day's work. Welcome to the internet version of the "me" generation. The internet's collective hatred of intellectual property has to do with the fact that we want everything, nay, are entitled to everything, free, now.

  73. Re:If free you compete, if pay you get illegal pay by All+Your+Base+Are+Be · · Score: 1

    Indeed!

  74. Get real by yuriwho · · Score: 2

    What would you be willing to pay for legal access to a huge database of music? Think about what highschool and college kids are currently spending on pagers and cellphones. Generally more than $5/month! Therefore it is a reasonable concept to assume that many people would be willing to spend $5-10/month to access large music databases legally. If Napster pulls this off with RIAA approval, the entire business will change. Napster will be able to checksum your downloads to be sure they are "certified versions" and eliminate the partial download problem that is a major problem with the existing system. They will probably make enough cash to host their own certified servers for access to the hottest titles, allowing tracking of bonus payments where appropriate and keeping the service useable. More importantly, companies will be able to market Napster enabled stereo systems that have phone and ethernet jacks and huge hard drives for collection storage (wireless on high end models). The song info database will be designed for easy search/access to that favorite tune. Imagine going up to the DJ at your local party/rave and not being limited to his/her personal collection.

    And the best part of all of this...the record companies will have less power to force songs down the throat of the consumer as more users will just select the download songs similar to those in my collection (based on a song rating/review system) for my listening pleasure.

    Think of the many ways that this could benefit the music lover. Payment based on download activity has the possibility of weakening the crushing grip that record companies have on "popular music". We might be able to spread the wealth a little and prevent me from having to switch channels every time Brittney or Eninem (sp?) or whoever is being pushed at me by the record biz, and instead allow me to create my own database and find similar music (sprinkled with new suggestions, thumbs up or down Tivo style) and enjoy it.

    I want Napster to become mainstream. It will change everything! For the better!

    --
    no sig.
    1. Re:Get real by Kiryat+Malachi · · Score: 1

      Radio stations would use the same or a similar service.

      No, they wouldn't. Here's why.

      Option A: You are a commercial radio station. You play something on the order of (12 songs per hour * 24 hours * 7 days) 2016 songs per week. Just for fun, we'll assume there are actually that many different songs on your playlist. For most commercial stations, this isn't true. Guess what? You already have every single one of these songs, on CD, for free. Because the record labels send them to you, so you can play them. So, commercial stations will have no interest in this, because their songs are programmed in advance.

      Option B: You are a non-commercial station, like (shameless plugging alert) WFMU, WCBN, or WFHB. You probably would want something of this sort. However, these stations tend to have an extensive library of older titles, as well as the new CDs labels send them. The only things they would tend to look for are obscure old releases they don't have, and new releases they haven't received. Speaking as a DJ at WCBN (hence the shameless portion of above plug,) I find 95% of what I want to play in my collection or the station's library. Although I wouldn't mind a similar service's availability, it's not necessary, and likely would not be worth it as a pay service.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    2. Re:Get real by Syberghost · · Score: 2

      Think about what highschool and college kids are currently spending on pagers and cellphones.

      Those kids weren't already getting pagers and cellphones for free when suddenly they began to cost money, with free alternatives still available.

      The comparison you should be making isn't with cellphones and pagers, it's with Netscape Navigator. How many people do you think would pay for that if it suddenly became commercial again, with no free version available?

      -

  75. Re:Where does this money come from? by joshsisk · · Score: 1

    Did you even real the story? They are going to charge monthly fees.

  76. Is this the lowball offer? by hndrcks · · Score: 1

    Don't you usually go in to these settlement things with a lowball offer? How much is Napster _really_ prepared to pay?

    --
    Everyone will start to cheer when you put on your sailin' shoes.
  77. Napster = Label 6 ? by xxxtac2 · · Score: 1

    Some quick math involving projected figures and such paints a scary picture of the future. With Napster charging $5 per month to 50 million users that works out to 3 BILLION revenue in 1 year. That is approximately 15% of the 20 billion dollar per year music industry, in other words Napster would be making about the same revenue as one of the big 5 labels would be making per year. Hell if the $1 billion for 5 years deal goes through artists would propably be able to negotiate better deals with Napster than with a label. Scary to thing that good old Napster might become the next record industry giant... perhaps bigger than any other to date...

    --

    Oh Well, Whatever, Nevermind...
  78. Re:Um, since when does Open Source forbid profit? by Wah · · Score: 1

    I meant as far as using it to profit from the IP of others.
    --

    --
    +&x
  79. Re:Problem is it'll be "Napster II" with encryptio by localroger · · Score: 2
    If it can be heard it can be cracked, right?

    Yeah, well, you & I know that. The fatcats aren't that smart. What they'll do when they get whacked by a cluestick is another matter.

    --
    Brackets contain world's first nanosig, highly magnified:[.]
  80. Re:Brittney Spears offers $25 for cum-swapping rig by $eyeB0rq_munqee · · Score: 1
    only a minus one Troll? surely this crap was worth at least a -1, off-topic...

    --
    News for turds, shit that splatters
  81. FYI: Napigator v2.0 (Winblows) is out! by antdude · · Score: 3

    It is a lot cleaner than the older versions!

    Get it for OpenNap servers! :)

    --
    Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  82. Re:How are you gentlemen? by tabacco · · Score: 1

    And if I recall, it's "All your base," not "all your bases."

  83. Re:50 million users? by joshsisk · · Score: 1

    Actually, Napster did recently claim they could allow users to download songs that couldn't be copied or burned onto cd. So the above poster isn't a troll. Though I don't know how Napster plans to accomplish that.

  84. Re:50 million users? by RoyalTS · · Score: 1

    Remember also that Bertelsmann holds a pretty big percentage of AOL Europe's shares, so there's business ties between AOL Time Warner and Bertelsmann already.

  85. Not bloody likely... by supabeast! · · Score: 1

    1- Napster does not have one billion dollars, and given the quality (Or lack thereof.) in their product, they will not get many people to pay for it.

    2- If Napster were given free reign over swapping for five years, it would cost the record companies far more than a billion dollars in lost sales.

  86. Re:You gotta wonder about Shawn.. by automatic_jack · · Score: 1

    He's still hanging on because he spent less than a year in Northeastern's CS curriculum. When he dropped out of school to found Napster, the product was in its very early infancy. Read: it sucked. Transfers always timed out, half the time you couldn't even log in, etc. But he got noticed, the right people thought the idea was good, and they threw money at it.

    I suspect that at this point his role in the company is mostly that of "poster boy." I doubt he's doing much if any of the actual programming because he's probably not very good at it. If he bailed, it's doubtful that he could move on to something else without coming back to school. I think he got lucky, he knows it, and he's milking it for all it's worth.

    --

    -- Have you ever noticed that at trade shows, Microsoft is always the company that is handing out stress balls?

  87. Re:50 million users? by davonds · · Score: 2

    yes AOL claims 27 million users, unfortunately this number includes a lot of previous users, but even assuming the 27 million, earthlink the second largest isp only has about 5 million users, and the average isp has less than 500 thousand users, the is probably total only a little more than 50 million people on the internet. napster is more likely to have around 5 million users, which would bring the cost up to about $16 per user, which is not a particularly unreasonable sum. of course the down side of all of this is that the artist won't see a dime unless they sue their label for their share, which of course means no more releases until their contract runs out and they can switch labels. also napster and the riaa will of course have to go after all the other sites providing a similar service, but with the napster precedent that shouldn't be much of a problem.

  88. Re:Lame Ain't an Mp3 Encoder by AFCArchvile · · Score: 1

    well, it's close enough.

    --
    "Ancillary does not mean you get to rule the world." --U.S. Circuit Judge Harry Edwards, speaking to the FCC's lawyer
  89. Money != Good Service by Lysander+Luddite · · Score: 1

    Just look at Network Solutions

  90. That much, eh? by 11thangel · · Score: 1

    At under $2/m, well under $50 a year, I'd be willing to subscribe for unlimited access. Considering thats still the price of only 2 cd's, and it's not gonna be so much that no one can afford it. $19.95/m (a decent isp price) would be rediculus, but this is progress...

    --

    I am !amused.
    1. Re:That much, eh? by hansef · · Score: 1

      One of the difficulties that Napster will encounter is that a huge, huge percentage of their user base is made up of minors. How many of those kids do you think have debit cards? Mummy and Daddy may not feel like sitting down with surly 14-year-old Joe and keying in their pin # so that he can continue downloading free Eminem tunes.

    2. Re:That much, eh? by dlkf · · Score: 1

      Its more like $6-$10 per month for unlimited access according to the article. As for me, Ill just get my mp3s at one of the free sites till they shut the rest of them down, if they can.

    3. Re:That much, eh? by volsung · · Score: 1
      I think the college crowd will keep things afloat. Young, but still adults with credit/debit cards and disposable income.

      I can hear the cash registers from here.

  91. Re:What comes next by Sloppy · · Score: 1

    IMHO, they are going to have to do something like this.

    Considering

    • how absurdly simple what Napster does is
    • that the new version will be significantly inferior (from a user's point of view) to the old one (costs money, and will have copy protection which implies that the files will be nonstandard)
    • that there are alternatives
    There is no way that Napster will be able to keep their large market share, unless they figure out some way to use force. (And IMHO, even that won't be enough.) That force will be exerted in courts as Napster attempts to suppress competing protocols (or products/servers that use compatable protocols). Look for Napster to become a major "bad guy" in the coming years, if RIAA accepts their billion-dollar proposal. They will have to, because monopolization is their only hope of getting anywhere near even a fraction of the revenue they'll need.
    ---
    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  92. Re:Clone-A-Bone by $eyeB0rq_munqee · · Score: 1
    Yeah! You fuckin' tell 'em! Put them slackers in their places! Kudos and granola bars to you, fine sir or madam.

    Hey, ever been to Maine?

    --
    News for turds, shit that splatters
  93. napster shmapster by Anonymous Coward · · Score: 1

    this reminds me of that song by reel big fish, what was it called? sellout?

  94. Hmm I wonder... by turnerjh · · Score: 1

    I wonder how the major labels will divvy it up among all of their artists.

    Oh wait, they practically don't do that as it is when it comes to actual CD sales.

    It would be nice if Napster came up with some kind of plan for independant artists and smaller labels. Something based on volume, maybe. And perhaps some kind of micropayment system, who knows.

    I'm one of those people who buys more CDs because of Napster. I don't mind paying for music. I just wish more of it made it to the artists and not to the corporations.

    Heh, maybe that's blasphemy around here ;)


    --

  95. People won't pay... by RevDobbs · · Score: 1

    That works out to $1.67/month/user with 50 million users.

    uh-huh.

    Good luck getting a tenth of the userbase to cough up even a quarter...

    1. Re:People won't pay... by Edgewize · · Score: 3

      You'd be amazed how many rich suburban kids use Napster for the convenience, not because they don't want to pay. If anything, paying would make them feel better about downloading the music. I should know, I'm one of them.

    2. Re:People won't pay... by Restil · · Score: 2

      First of all, some of the revenue per user can be recovered from ad banners. An alternative option can be selected by those users who wish to avoid seeing any annoying banners and have them pay a small monthly fee for the privalage.

      -Restil

      --
      Play with my webcams and lights here
    3. Re:People won't pay... by Chas · · Score: 1

      At even a tenth of the userbase.


      50,000,000/10=5,000,000
      5,000,000*$5=$25,000,000
      $25,000,000*12=$300,000,000
      $300,000,000*5=$1,500,000,000
      $1,500,000,000-$1,000,000,000=$500,000,000

      So they'd have a gross profit of about a hundred million every year.




      Chas - The one, the only.
      THANK GOD!!!
      --


      Chas - The one, the only.
      THANK GOD!!!
  96. Does this go to the artist though? by Alan · · Score: 1

    This is great that the record labels get all that money. Do you *really* think that all the artists out there are going to get a nice fat raise after this? I think not. The RIAA lines their pockets, feels happy to have saved the world for democracy (and capitalism).

    I'd be much happier paying my $5.00 (or whatever my piece of the $1B pie is) to a fund which then divides it up correctly between the artists on napster (by percentage or whatever) and then sends the $ directly to them (ie: straight to Courtney Love, NOT her label). I'd like to see how a suggestion like that flies to the record companies who are trying to "protect the artists".

  97. What is "music indestry" ? by Jacek+Poplawski · · Score: 1

    Excuse me, but what is "music industry" ? If two guys buy guitar and drums, and create band - will Napster pay them? Who decide, that Britney Spears is more important to music world than this two guys?
    I think we shouldn't pay music corporations, we shouldn't pay Napster, we should pay artists... Will it be ever possible?

  98. Sounds good to me by RainbowSix · · Score: 2

    I think that is great. I guess it sounds like the RIAA has won, but who cares? They are happy, and for less than the cost of a real CD, I'm happy. And when it goes legal I will be more inclined to open up my DIRs to my T3. Of course, economics 101 tells you of the 50 mil only a small fraction will stick around. Half are kids, a fourth will go elsewhere. That will bring it up to the advertised $5 which I think it still a good deal if the quality matches what they promise. Count me in.
    --------

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    It's OK to be social, just don't tell anyone about it.
    1. Re:Sounds good to me by update() · · Score: 1
      I guess it sounds like the RIAA has won, but who cares?

      I don't know - I'm wondering if this was the Napster backers' plan all along. They couldn't seriously have thought the courts were going to let them operate as the world's largest w4r3z site. Hot air about how the RIAA is violating the spirit of copyright as described in the Constitution is good for scoring karma but even David Boies couldn't make that fly in court.

      They built a market presence as a free service and when that came to an end, reached into their pockets to make a deal. Either they're smart or they came out looking smart.

    2. Re:Sounds good to me by gss · · Score: 1

      I'm not sure about your math... I think they will probably start with the "advertised $5" I'm sure Napster want's its cut somewhere, or does their business model get profit from somewhere else?

  99. No, I think your missing the big picture. by Kiryat+Malachi · · Score: 1

    Who do you think the movie industry will go to when compression gets good enough to push it over broadband?

    It already is. Or hadn't you noticed?

    --

    ---
    Mod me down, you fucking twits. Go ahead. I dare you.
    (I read with sigs off.)
    1. Re:No, I think your missing the big picture. by Neck_of_the_Woods · · Score: 1

      Agreed, it is pretty close. Not quite what an mp3 is I think. Once they get a movie down to the point where you can watch it streaming on a cable modem without a skip I think it will be there. If movies had made it this far I would have a storehouse of them on a disk. They are still too big to waste my time on. Just me, I am sure others are downloading them as we speak.

      But thanks for reminding me they are getting very close.


      Neck_of_the_Woods

      --
      Neck_of_the_Woods
      #/usr/local/surf/glassy/overhead
  100. Re:$1.67 a month? I'd pay much more! by Zebbers · · Score: 1

    hahaha you are pathetic. Do you think you and the few dozens of people like you matter much? Nope. Bigger numbers buddy.

  101. A Very Insincere Proposal From Napster by Jesus+IS+the+Devil · · Score: 1

    This stupid proposal by Napster is a calculated and insincere one, one designed to make the public "like" napster and "hate" the record labels more.

    Think about it. What feaking idiotic record label is gonna take this raw deal? It's a trick, a very stupid one at that too. If they take it, it'll mean Napster stays alive and makes tons more money in the process. Would it be unreasonable to expect that Napster's gain at the end would be more than $1 billion? Otherwise why would they offer such a deal?

    No. What the record companies do is this. They'll keep suing, and they WILL WIN. Then they will own Napster. Period!


    ---------
    Did you just fart? Or do you always smell like that?

    --

    eTrade SUCKS
  102. Re:50 million users? by athmanb · · Score: 1

    Where have you been the last year?
    Today, you're lucky if you even get a single buck per 1,000 impressions. Some advertisers have even started to offer their ads for cents...

    --------------------------------------

  103. Re:50 million users? by jeffsenter · · Score: 2

    Remember also that Bertelsmann holds a pretty big percentage of AOL Europe's shares, so there's business ties between AOL Time Warner and Bertelsmann already.

    And you of course also are thinking of the deal between BMG(Bertlesmann) and Napster. BMG already is on the side of Napster making deals and I would have to think an alliance with AOL-TW would put TW in a pro-Napster deal position. That is two of the five. Boy, I can't wait til all five of those companies do away with the formalities of being separate entities and merge. But, seriously do any of the Big 5 of the RIAA have significant stakes in competitors to AOL, which would make a Napster-AOL-RIAA deal bad for them?

  104. Re:WHOSE GOING TO PAY? YOU ARE ! WHY?? by Steeltoe · · Score: 1

    Those servers are in the same network. Just like IRC, the servers are somewhat transparent minus delays in synchronisation. You will find very few differences between those servers.

    - Steeltoe

  105. My still unanswered question by derekBrandon · · Score: 1

    is, how does Napster make money currently? They have been in court for quite a while, run 100+ directory servers for the service, must lease pretty fat pipes to connect it up, yet have no banners or membership fees. WTF? Does anyone know where they get money from and how they imagine they can pay another $1 billion to the labels in the next 5 years? Who would invest in a company with a 5 year plan like that?

  106. R.I.P. Napster by serutan · · Score: 1

    Sean Fanning is a very cool guy who did a phenomenal thing that will go down in history. He and Napster will both be remembered a lot longer than Hillary Rosen and the faceless suits who probably think they have defeated file sharing. They haven't. What Ankarino Lara said a couple weeks ago on ZDNet is true. Napster users are not going to be fanatically loyal to Napster or Sean Fanning and go along with whatever kind of blackmail is arranged. Most of us won't be paying the RIAA one cent thru Napster fees. We will simply go somewhere else, and there will be plenty of places to go.

    Thank you Sean. It would have been really cool if Napster had prevailed in court. It would have been really cool if Jimi Hendrix had lived another 20 years. We deal.

  107. Re:nobody seems to have ever thought of this by Sloppy · · Score: 1

    Because there still isn't any revenue. Gambling results in the house making money. Running a server directory results in ... ?


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    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  108. banners?? by mandarax85 · · Score: 1

    Why not just stick banner ads in the windows and mac clients (wouldn't bother us linux users...)? I'm sure that would cover the $200 mil a year, and keep use users from having to pay a dime. Think of all the advertisers that would be chomping at the bit to get that kind of exposure...

    --
    - Hey Anthony, what's that tape on your nose for? - Exactly. Bottlerocket
  109. Napster playing by the music industry's rules by hansef · · Score: 2

    It seems to me that Napster is suffering from an excess of lawyers and MBAs and seem to have lost touch with the demographics of their actual user base. Somehow I doubt that most of those 70M users are going to be willing to help Napster Inc. recoup that $1B. Free music, like free love, just isn't the same when you have to pay cash in advance.

  110. Re:50 million users? by 1337d00d · · Score: 1

    Four words: Processor Specific MP3 Encryption.
    That's right. The new Pentium processors will have built-in unique processor IDs. The Napster client will send the ID to the server, which will in turn encrypt the MP3 with that ID as the key. Then, the MP3 will be send back to you, and the Napster client decrypts it. In addition, if you create any method to circumvent this process, (like using an AMD processor) you are in violation of the DMCA. Even though nobody will do it, Napster will still be able to stay within the law. Woot.

  111. RIAA is a cartel. by driftingwalrus · · Score: 1

    One thing I don't see a lot of people mentioning is that the RIAA(like the MPAA and OPEC) is an industry cartel.
    If you keep this in mind, their actions make a lot more sense.

    Secondly, the RIAA is dead. Napster, too, is quite probably dead meat. OpenNap is the future. It's too late for them, they're trying to fight something they can't kill.

    --
    Paul Anderson
    "I drank WHAT?!" -- Socrates
  112. Re:WHOSE GOING TO PAY? YOU ARE ! WHY?? by jidar · · Score: 1

    Americans have been thumbing their noses at Intellectual Property (tm) long before the Internet and the "me" generation came around. Think VCR's and Cassettes, prior to that think libraries. Intellectual Property isn't some "Age Old Tradition", it's a new way for a small subset of the population to get "Filthy Stinking Rich" on as little work as possible.

    --
    Sigs are awesome huh?
  113. Nice smokescreen by Jailbrekr · · Score: 2

    It will give other file sharing proggies the time necessary to mature to the point where they are better than Napster......

    Unfortunately, this action, if approved by the Music companies, will mean that the RIAA will focus their attentions on the other file sharing apps on the 'net.....

    --
    Feed the need: Digitaladdiction.net
    1. Re:Nice smokescreen by drsoran · · Score: 1

      Like what? Gnutella? I'm genuinely curious how they intend to take that down. The worst they could do is infest it with garbage and broken mp3's and make people give up in disgust. A valid way to kill it BTW. ;-)

    2. Re:Nice smokescreen by bakreule · · Score: 1
      Unfortunately, this action, if approved by the Music companies, will mean that the RIAA will focus their attentions on the other file sharing apps on the 'net.....

      What I don't understand is why the music industry hasn't gone against IRC at all. A lot of the music on Napster is iffy, recorded through a microphone or just sounds bad for some reason.

      On IRC there are plenty of channels where I can download entire albums ripped at 192bps+ straight from the CD without hassle or payment. These channels take pride in their music, they WANT to know if an album has mistakes or is incomplete. The people who server the music do it for no gain except to be involved in something cool.

      Maybe this is all a secret and the RIAA doesn't know about it. Maybe it's because IRC is very complicated to use. Even so, I would say more people use IRC to get music than OpenNap, or Gnutella, yet I have not seen the letters IRC come from any RIAA statement at all.

      Trains stop at a train station. Buses stop at a bus station.

      --

      Buses stop at a bus station
      Trains stop at a train station
      On my desk there's a workstation....

  114. Re:x51 by NetGyver · · Score: 1

    My guess: Powerman 5000? is that correct?

    --
    A Penny for my thoughts? Here's my two cents. I got ripped off!
  115. What about the people who don't share...!!! by kstumpf · · Score: 1
    I've downloaded my share of songs from Napster, but I admit I have not served out my share. Not even close. As I download music, I organize it into directories that are outside of my Napster shared folder, so I'm rarely sharing more than a dozen files.

    I don't want people maxing my weak upstream bandwidth. So, what if I pay $9/month, and download all I can, but never share anything? Aren't others getting ripped off?

    Personally, if Napster goes away, I will have no problem finding MP3. Its on FTP's, newsgroups, IRC... not to mention Napster clones.

  116. Why settle for a billion... by JediTrainer · · Score: 1

    when you could have...

    (pinky to mouth)

    ...one million?


    Ok - lame Dr. Evil impressions aside, where the heck is Napster going to get the cash for all this? Last I heard, nobody's really paying for the service just yet. Are there any VC-types in the game right now?

    I wonder if the RIAA will bite. Anybody think that they stand to "lose" more than a billion to us? Er... I mean... the artists. Yeah. Will they be seeing this money?

    --

    You can accomplish anything you set your mind to. The impossible just takes a little longer.
  117. Re:ad banners by Shadowlore · · Score: 1

    Actually, nearly everyone I know would be willing to pay a small amount, provided they knew much of it was going to the artists.

    It really isn't that different than much of the open source/free software community. We dont mind paying programmers for their work; after all we like getting paid for ours. What we object to are the people who go out an borrow large sums of money to learn how to take a larger percentage of that money for doing little-to-nothing.

    Sure, in days past, there was a larger place for these types pf people (commonly known as marketing, management, and corporate executives). That time is passing, and we must realize that.

    In the past, it took large amounts of outlay to get your work (music, writing, etc.) exposed to a large audience. Now, with little expense, you can get your work exposed to hundreds of millions of people. At that point it becomes a numbers game.

    I would prefer a 'market' of 100 million people, paying me 1 USD for my work than 10 million people paying me 10 USD. If for no other reason than the fact I can draw a larger crowd in concerts :)

    This model should come as no suprise to anyone familiar with business demographics. There a a small number of very large businesses, but there is a much larger number of smaller business, that when combined, have more true economic might and influence.

    So it seems to me that those arguing that nobody, or even a tiny minority would pay, do not understand the open source/free software phenomenon/movement.

    I have a suspicion that many of these same people would argue that if drugs were legalize,d we would see a huge increase in the number of drug addicts and hence drug related crimes (numerically improbable). Why would this happen?

    Their answer: "Because drugs would be cheap and legal".

    Oh, so more people would pay smaller amounts of money to do something legal, than will pay higher amounts to do something illegal?

    Hmm sounds reminiscient of:
    "Many people will pay smaller amounts of money to legally download music, than will run the risk of doing the same thing illegally."

    For those who don't grok that last phrase, there is, I am given to understand, quite a market for mp3 cd's. Don't have the bandwidth? Pick your songs and get a custom cd with your mp3s ... oh, and pay money for it, none of which goes to the artist, and all of which could get you in legal trouble.

    Yeah, nobody will pay. just like nobody pays for their copy of Linux, or *BSD. Now go pull the other one.

    --
    My Suburban burns less gasoline than your Prius.
  118. I do not see by jjr · · Score: 1

    The Record Companies doing this main reason they will not benifit from an Unlimited Usage deal they would want to suck everything they can can out of people. Well I been wrong before we will see

  119. probably not enough by Alien54 · · Score: 3
    Given how the RIAA postures, this just might not be enough. After all the RIAA wants it ALL.

    They sort of have a Daffy Duck mentality when it comes to money (Mine! Mine! it's Mine! All Mine!)

    Watch them shoot the goose that lays the golden eggs rather then give it up to anyone else. Even tho the goose was never theirs in the first place.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:probably not enough by ByTor-2112 · · Score: 2

      I have to agree on this. If Napster can raise $1B with 1.67/user, they are obviously going to want a piece for themselves -- which the RIAA sees as theirs. If napster makes a billion as well, then (in my best de niro voice) the record companies don't see it as making a billion but LOSING a billion.

      They want total end-to-end control of the distribution and use of the content.

  120. Re:WHOSE GOING TO PAY? YOU ARE ! WHY?? by DennisZeMenace · · Score: 1
    Actually, emusic in itself is a great idea. I was excited when I heard about them for the first time. I can see two reasons why emusic is not working out :

    1. Because of the outrageous copyright transfers from the artist to the record companies, the recording industry has complete legal control (read: stranglehold) over the distribution. Therefore emusic cannot sign any major artists, and can only sell music from less popular artists.

    2. Last i checked, they only sell music as 128kbs mp3s. There's now way i'm going to pay money for anything under 192.

    That's too bad, because if emusic sold the entire music catalog at good quality, i'd buy all my music from them. They'd be even better if one could download the booklets as pdf and print them at home.

  121. Only $1.67 per user per month? by Michael+Lee+Martin · · Score: 1

    Doesn't that seem a little bit too low? I mean, most users would have A few CDs worth of Music, and I bet the 'Industry' makes far more than $1.67 per buyer per month from CD sales. I don't think that the 'Industry' will accept this, IMO. They think that Napster is stealing CD sales away from them, and this may not be enough 'compensation' for them. And where did Napster get that money from anyway?

    --
    -- Michael Lee Martin
    1. Re:Only $1.67 per user per month? by raju1kabir · · Score: 3
      The point is, that deep down, the RIAA is smart. They know that the great percentage of the music traded on Napster wouldn't be purchased anyways. Its not money they're losing, they're just afraid that their loyal purchasing crowd might SOMEDAY drift into that environment and they'll start losing real sales.

      I think you have a good point, but I also think the RIAA may be overplaying their hand. No matter what happens to this particular company, the rise of Napster was a watershed event for the music distribution industry: Millions of people have learned that it is feasible and easy for them to use the internet to move music around.

      No matter what happens now, people will still know that. And just as importantly, Napster's size and user volume provided a lab for exploration of how to do it - software, legal issues, pitfalls, hype, arguments pro and con, incentive for copycat technologies, etc.

      So whoever starts something new is standing on Napster's shoulders. They don't have to deal with the huge hurdle of explaining to the public what it is and how it works and why it might be fun to use. They don't have to do a lot of the development. They only have to deal with the legal issues.

      And there are two ways that can go down. One, someone with a lot of money can make an offer the RIAA can't refuse, and it happens above board. If that happens, okay, well, fair enough. Everybody probably wins, or at least nobody loses too much.

      Possibility number two, however, is that it goes underground. Someone comes up with a FreeNet or a Gnutella or an OpenNap that works, that scales, and that doesn't have an address where papers can be served. No other industry has ever faced anything like this before: A ready-made, prepackaged illicit adversary with infrastructure already in place, where millions of educated, well-to-do people have demonstrated that they have no moral problem with lending their participation and support.

      If the distributors are smart they'll hedge their bets and sign. If I worked for Napster this would sound like blackmail. As it is, it's just some friendly advice.

      --
      "Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
    2. Re:Only $1.67 per user per month? by Cannonball · · Score: 2
      This is a good point, but I think it's the best that they can expect. As someone who is still skeptical about online trading (I still have my reservations...), I think that the RIAA may not go for this, but hey, it's better than nothing.

      --
      So there I was. Naked. In a refrigerator. With a potroast on my knees. Smokin a cigar. That's when it got REALLY weird.
    3. Re:Only $1.67 per user per month? by Why+Should+I · · Score: 1

      Based on napsters arguement, this is not an alternative to people buying CD, but rather a supplement. Napster is trying to show the RIAA that mp3 sharing doesn't really effect CD sales in a negative way (some say it has a positive effect, but I just want quick and free music).

      The RIAA, being the greedy body that it is, didn't accept that arguement. So Napster is basically saying, "Here then take this in compensation for the small (if any) negative effect we are having on your industry.

    4. Re:Only $1.67 per user per month? by Restil · · Score: 5

      The point is, that deep down, the RIAA is smart. They know that the great percentage of the music traded on Napster wouldn't be purchased anyways. Its not money they're losing, they're just afraid that their loyal purchasing crowd might SOMEDAY drift into that environment and they'll start losing real sales. At least with a monetary figure attached to the service, people will be less inclined to switch over to it over purchasing CD's.

      However, the RIAA isn't about to start admitting that napster for the time being probably is generating more cd sales than stealing them, but they would rather lose money and keep a stranglehold on the market rather than let that market drift away from them.

      -Restil

      --
      Play with my webcams and lights here
  122. Re:50 million users? by jeffsenter · · Score: 3

    There are about 270 million people in the US. AOL has 27 million members paying $20/month.

    2. What's going to stop people from sharing Napster accounts?


    Napster might well cut a deal with AOL where all AOL users become Napster members. AOL would pay Napster around $50 million a month for this and would maybe raise its rates a dollar or two. Remember AOL is now AOL Time Warner one of the Big Five recording companies.

    The logical extension of this once Napster does cut a deal with the RIAA similar to the one that Napster proposed for $1Billion, Napster becomes an attractive target for buyout/merger with AOL-Time Warner.

  123. The value of a DJ by SethJohnson · · Score: 2


    Imagine going up to the DJ at your local party/rave and not being limited to his/her personal collection.
    I take it the parties you go to have crummy djs.The whole purpose of having a DJ at a party is getting that person's record collection pumping through the speakers. A good DJ has a great vinyl collection and knows how to combine it to create an atmosphere. If people go up to the DJ and say, "Play this" then that interferes with what the DJ is attempting to build. If the DJ sucks, then by all means, wrest control of the turntables away from her-- don't let the party die.

    Additionally, if the DJ breaks down and starts playing requests, then the party is no longer benefitting from the DJs enlightened record collection, but is now subjected to the possibly pedestrian taste of the guests. Remember that Philips CDR commercial where there's this great party going on in some small warehouse and this guy shows up and hands the DJ his own music CDR? The music starts and its some crazy indian music and then the CDR burner-guy and some indian chick start dancing together while the rest of the party stands around to watch. Ok. Way to go. Buy a Philips CDR so you can destroy a good party.

    Sort of a little back on topic. Have you noticed that those consumer CDR stereo devices ONLY will record to discs that are sold as Audio CDRs? You can't record to any old cheap-o CDR from Korea. They've got to be Audio CDRs. I suspect this is because the manufacturers of these stereo components want to make nice with the RIAA and have royalties for each of the blank CDRs go to the RIAA just like blank cassette tapes. As you might expect, the cost of the 'Audio' CDRs is nowhere near as cheap as regular CDRs.



    Seth
  124. Here�s where... by Lispy · · Score: 1

    As you might have heard Napster was bought by Bertelsmann. You bet these guys can pay a Billion. But still i dont see why they should pay it for Napster? Napster isnt going to be legal anytime soon because even if people pay for the mp3s and even if the RIAA stops sueing them it will still be the community wich is uploading and compressing the files. So WHY should i pay for sth. that is basicly just a searchengine for mp3s? I could get the files t-e-c-h-n-i-c-a-l-l-y via E-Mail or FTP from a friend. So its all about ripping off the community because the labels dont have to pay ANYTHING but get something. On the other hand: isnt it legal to copy music to tapes or other analog media and share it with my friends? So how do you define friend? Will the Labels tell me who is a friend of mine and who is not?? I DONT THINK SO!!!

  125. Initial Userbase by coldshado · · Score: 1

    I'm left wondering something as I read these posts. Someone made the comment that people will not pay $9/mo to share music with others paying $9/mo; agreed. I guess I don't understand how the free-to-pay switch will take place. If at midnight on a given date, all free accounts are terminated and people are invited to go online and create their accounts (presumably with credit cards, which by the way most of the present Napster userbase probably doesn't have), then won't this mean that the first 20 people who sign up will only have 19 other people to share with? What if for the first month there's only 10,000 users? Most of them won't be on 24/7. Most people go on Napster now expecting to be able to search terabytes of music, which is a reality. They'll be in for a shock when they find less than a hundred gigabytes or so.

  126. Re:50 million users? by hpuxguru · · Score: 1

    Another thing is this: What happens if you end your subscription? Does your rights to posess these MP3's remain, or do you lose rights to have those files and are then in possession of illegal music?

  127. I won't pay by rommi · · Score: 1

    $5-10 a month for shitty mp3z? Yeah, dream on...

  128. who will pay for this? by SonCorn · · Score: 1

    I wonder who will pay for this. It appears that napster hopes that paying customers will. This has not happened in the past. I have yet to see any succesful paid music download services. If anyone knows of any I would be interested in how they are doing. This is going to fail. All it takes is one record label to say no.

    --
    What good is a used up world, and how could it be worth having? --Sting
  129. Re:50 million users? by vrt3 · · Score: 2
    Arresting small-time copyright violators isn't just a Belgian thing.

    I feel the need to clarify this a bit...
    There is no such thing as arresting small-time copyright violators here in Belgium.

    (1) Indeed there *was* a threat from the IFPI (www.ifpi.org: "IFPI is the organisation representing the international recording industry")
    (2) But that threat was only to a small number (100) of users, who had received a warning before
    (3) Everyone and his brother says IFPI is not able to identify these users unless they violated the privacy legislation
    (4) And, most importantly: Marc Verwilghen, our minister of justice, has declared that the prosecution of small-time piracy has the very lowest priority. This places it, I think, just above cannabis use.

    So the whole thing is just some FUD from IFPI.

    --
    This sig under construction. Please check back later.
  130. Precedent? by r_newman · · Score: 1

    I think people are missing the point here: What's really at stake is not the future of Napster anymore, but the precedent they are setting in offering the record industry this kind of money.

    This is perhaps the worst thing that could have happened for other businesses hoping to get into online music.

    I've felt for a long time that Napster could have avoided this mess by muddying the waters a little, and morphing into an app the expressed purpose of which was not just to share mp3s but pother types of less-contentious files too. In such circumstances it could be claimed that while yes people were using the facility to pirate music, that was not its purpose and was in fact an abuse of the system.

    A Napster client with an inbuilt XML-based IM system is something I'd have used (and am in fact trying to code right now), or perhaps an implementation of a gopher-like protocol for locating files worldwide... but I'm dreaming... diversification would probably not even be considered by the makers of a tool which was originally written to facilitate piracy.

    --
    Bzzzzzt..."AAAAaaaaarrrgh!!!" Thud.
  131. Where does this money come from? by ShinyObjectsAndYarn · · Score: 1

    How can Napster possibly hope to stay in buisness if they do this? Wait... where are they getting money from in the first place? They're all over the news, but I don't see any ads in the program or anything. I know there were several groups funding their legal fees, but where are they gonna raise a billion dollars?

    -Jeff

  132. 50 million users? by VValdo · · Score: 5

    1. Is it likely that they're going to get 50 MILLION people to pay this? How many people are there in the US, like 400 million? Less? (yes, I know the Internet is global, just for perspective)

    2. What's going to stop people from sharing Napster accounts?

    3. Is subscribing to this new industry-sanctioned Napster going to mean that what was formerly called "pirated" mp3s are now legal to own? Ie, is this buying a license to own MP3s for CDs you didnt' buy because you bought a Napster subscription? Am I allowed to then trade those MP3s via a non-napster (freenet, gnutella, or something else) system?

    4. What kind of crazy license/agreement am I gonna have to sign to subscribe? I can't wait to read this agreement. I have a feeling, knowing the RIAA, it will not exactly be equitable, and birthright forfeiture may be included.

    W
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    This is my SIG. There are many like it, but this one is mine.
    1. Re:50 million users? by Nailer · · Score: 2

      AOL has 27 million members paying $20/month.

      So? AOL is tiny. Napster currently already has over sixty million members. A year ago it was 18 million.

    2. Re:50 million users? by TGK · · Score: 1

      I know no one is still reading this but what the hell.

      The idea that Napster can keep you from buring their MP3s to CD and/or prevent your from distributing them is fundamentaly flawed.

      1.) Even assuming that they manage to get the on-the-fly encryption running this chains the MP3 to a specific platform. Namely the one that Napster writes (and I'll bet double or nothing they're stupid enough to use a secret algorithm type cypher rather than a key based one).

      2.) Chained to a system or no, I can still pipe my audio stream out of my computer and into something else. That something else can be a CD-R, a tape deck, pretty damn near anything.

      3.) So lets assume they do that thing Cinemax used to do where you can't record the broadcast (how did they do that?). Ok, so I can't pipe it directly into a recording device anymore. Of course, I can pipe it into speakers (otherwise what would be the point?). Consequently, I can record, on some other device the speaker output. Sure, it's not the best solution in the world, but it works.

      I've said it once, I'll say it again. It's economics. As long as there is a cheeper way to do something/get something people will do it. The RIAA said it best "You can't compete with free"

      Between Adam Smith and a few industrias computer geeks, these people are doomed.


      This has been another useless post from....

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    3. Re:50 million users? by Nickoty · · Score: 1

      Uhh... I don't get it? When it crashes, IF it crashes, I get a blue screen of death?

      --


      -- Cure for Cancer instead of SETI! (only w32 yet - mail and beg)
    4. Re:50 million users? by Ig0r · · Score: 1

      Most people I know who use napster use the built-in audio player, so they wouldn't notice a difference if they changed formats anyway.

      --

      --
      Soma: because a gramme is better than a damn.
    5. Re:50 million users? by travis_boi · · Score: 1

      Who says they have to get people to actually pay? A couple hundred typical ad impressions could generate that kind of money easily. (Banner ads routinely sell, even today, for $15-50 per thousand impressions.)

      --
      Travis Burnside, QWK.Net, LLC
      http://www.qwk.net

    6. Re:50 million users? by Ig0r · · Score: 1

      Oh, I don't doubt that you can't stop data copying. If there's a will, there's a way.

      I'm just saying that MP3 isn't the only audio codec that they could use, so they could implement a system that would prevent 'casual copying', but shortly after there would be a dumbed-down gui system so that grandma could override it.

      --

      --
      Soma: because a gramme is better than a damn.
    7. Re:50 million users? by Anonymous Coward · · Score: 5
      1. Is it likely that they're going to get 50 MILLION people to pay this? How many people are there in the US, like 400 million? Less? (yes, I know the Internet is global, just for perspective)
      There are about 270 million people in the US. AOL has 27 million members paying $20/month.
      2. What's going to stop people from sharing Napster accounts?
      General cheapness, access to billing information, one-login-at-a-time. Why does AOL have so many members?
      3. Is subscribing to this new industry-sanctioned Napster going to mean that what was formerly called "pirated" mp3s are now legal to own? Ie, is this buying a license to own MP3s for CDs you didnt' buy because you bought a Napster subscription? Am I allowed to then trade those MP3s via a non-napster (freenet, gnutella, or something else) system?
      Read earlier articles on Napster's lock-out technology. Oh, and remember the implicit result here - other services may arise, but they'll also be required to negotiate a licensing agreement with every copyright holder in the world or face the long arm of the law. Arresting small-time copyright violators isn't just a Belgian thing.
      4. What kind of crazy license/agreement am I gonna have to sign to subscribe? I can't wait to read this agreement. I have a feeling, knowing the RIAA, it will not exactly be equitable, and birthright forfeiture may be included.
      Whatever license agreement they want. They are the copyright holders and they hold the monopoly, just like OSS developers and the GPL.
    8. Re:50 million users? by owillis · · Score: 2

      Banner ads are actually closer to $1 per 1,000 nowadays. That's why so many content dotcoms are dead or dying...
      --
      OliverWillis.Com

      --
      OliverWillis.Com
      An Operative with an Agenda
    9. Re:50 million users? by psocccer · · Score: 5
      I checked the last /. article about this secure sharing thing:
      The technology will enable the sharing of MP3 files to which a protection layer will be added as the file is transferred from one Napster user to the other. The Napster client will be enhanced to support this protection. The solution will not use any existing multi-purpose DRM but a new security architecture that is specially tailored to the requirements of file-sharing.

      Unfortunately I've been unable to find any information about this "enhanced support." Does this mean I can't use Win/X11 Amp any more? My RIO? Anything else that uses MP3? They mention that it's enforced in the napster software, but the only real way to "enforce" it would be to make it unusable everywhere else, so does that mean that the nap. client is the only thing that can play these so called mp3s?

      Like I said, I looked and found nothing about the tech, the background, or anything. Any links or ideas out there?

      Also, while browsing the napster site looking for answers, I came accross this (stuff highlighted by me):

      What will the pricing structure be? Napster is planning a tiered membership model that includes a "Basic Membership" plan and a "Premium Membership" plan. Definitive pricing has not been set. However, Napster is looking at a price range of $2.95 to $4.95 per month for the Basic membership that would have a monthly file transfer limitation built in. The Premium membership, which could cost between $5.95 and $9.95 per month would offer unlimited file transfers.

      Did any one else notice these two little blurbs?

  133. Never happen by 348 · · Score: 2
    This is the sign of a desperate enterprise trying to stay afloat. IMO this sucks. Napster is selling out. No more are they the pirates of old, they are now just another corporate socialist republic out to keep their footing.

    Napster was and should stay a voice that shouts, we need to break the corporate mold, screw the DMCA and all the legislators, the hell with the copyright laws that were written in the 1700's. This is a new age, the myths of old, like the railroad track sizings are outdated and stale.

    Napster should steer away from this direction and loop back to it's roots. LOOP LOOP LOOP!

    They really need to not do this. If they do all their base inch fan and support are belonging to corporate america and not us!

    --

    More race stuff in one place,
    than any one place on the net.

    1. Re:Never happen by nothng · · Score: 5

      So in a new age artist aren't intitled to say what happens to their music? That's worse than RIAA... I don't have a problem with tape swapping and file sharing as long as no one is directly profitting off it. At least with gnutella there is no central server owned by corperate garbage making money off someone else's hard work. Napster does. Napster makes money by distributing other artist work and doesn't compensate them for it. Am I the only one that see's a problem with this?

      How is Napster selling out... they're buying in. It's a business if you haven't noticed. The main Idea for a business is to make money. Napster is now finally having to "pay" for their product. If they want to make money and stay in business they have no choice.

      Now as far as copyright laws and DMCA go, I certainly agree that the copy right laws are in great need of reform (although the last major act aside from the DMCA was the Copyright act of 1978 not the 1700's)

      I do think the RIAA has screwed more artists out of royalties than Napster ever will and oppose RIAA collecting internet royalties, much less charging 50% which is outrageous. I'd rather see a nonprofit org collect like ASCAP or BMI who typically charge between 12% and 17%.

      I think fair use laws need to be more specific and created to protect the consumer and artist more than the corporations like they do now. The US should aslo work towards breaking the strangle hold that the big 5 have on the music industry.

      Napster does to alot of good for the indy idustry and that's fine I won't argue, but if they are going to make money of the indy industry why not give some to the artist? is that too much to ask. I also disagree strongly with RIAA and assorted bands targeting napster users. I'd like to see RIAA kill over dead and napster do the right thing in paying artist there fair share. bottom line, if napster profits, why shouldn't the artist too?

    2. Re:Never happen by WildBeast · · Score: 2

      I agree, you're damn right. Napster sold out, the music industry showed more guts than those idiots did.

    3. Re:Never happen by Jeremi · · Score: 1
      This is the sign of a desperate enterprise trying to stay afloat. IMO this sucks. Napster is selling out. No more are they the pirates of old, they are now just another corporate socialist republic out to keep their footing.

      This didn't happen recently; this happened the day they decided to use Napster (the program) as the basis for Napster (the dot-com).

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
  134. Only a billion if you live in the USA by Nailer · · Score: 2

    A tenth of a billion if you live anywhere else in the world, and define your numbers according to world standards...

    Grumble grumble grumble

    1. Re:Only a billion if you live in the USA by virg_mattes · · Score: 1

      What he's talking about is this:

      In Not-the-USA, 1,000,000 (10^6) is a million. 1,000,000,000 (10^9) is a milliard. 1,000,000,000,000 (10^12) is a billion. Their billion is equivalent to our trillion.

      Virg

    2. Re:Only a billion if you live in the USA by Nailer · · Score: 2

      Slashdot does need an edit feature - I meant to say thousandth where I said tenth.

      In the rest of the world, a billion is 1,000,000,000,000.

      1,000,000 is a milliard. Duh yourself.

  135. Re:50 million users? -- more questions by tubs · · Score: 1
    More to the point

    • Do Napster reimburse me for the use of storage space on my HD.
    • Do Napster reimburse me for my "link" being used to upload the songs.
    • Do I get paid for all the processor cycles that the Napster utility uses?
    • If I spend hours downloading a song because of cancelled connections, time outs etc do I get my subscription back?
    • If the song that I want isn't available, do I get my subscription back.
    • Are they going to remove everything from my harddrive, re encrypt it with thier "new" format and then put it back?
    • Are they going to do it to every CD I convert to MP3 files?
    --

    try to make ends meet, you're a slave to money, then you die

  136. cnn too by mach-5 · · Score: 1

    Looks like CNN.com has coverage on their front page as well. Enjoy!

  137. Stealers by spudwiser · · Score: 2

    this of course brings up another issue. if the figures are based on 50 million people, well, let's be honest here. of the 50 million people who use napster, there is a large number who, if required to pay a user fee, will simply pirate service. i know i'd be more than happy to spend up to about $50us per year for napster, since i save that much on CDs i dont buy since i only want 1 song. $1.67 per month comes out to about $20 per year or something. in essense, the fee would have to be raised to make up for what's lost to piracy.

    --
    .cig - what you do after winning a good flame war
  138. Re:WHOSE GOING TO PAY? YOU ARE ! WHY?? by Frizzle+Fry · · Score: 1
    Last but not least, if napster has 50 million or 100 billion, or whatever many users, how come there are never more than 10 thousand logged on at once?

    What?! Where you get the number 10 thousand from? I just logged on before replying and had 8 thousand users on my server along. Given the number of servers they run (blue.napster, popfolk.napster, primus.napster and on and on) that adds up to a hell of a lot more than 1000 people total, given that are 8000 on each one.

    Care about freedom?

    --
    I'd rather be lucky than good.
  139. Re:Who would have guessed... by Misao-Chan · · Score: 1

    Mark, you suck

    --
    -Misao Little Weasel Girl
  140. why don't copyright owners host the files? by cmckay · · Score: 1

    Most people here seem worried about quality if Napster becomes a subscription service. I really don't think there is any way of addressing that issue without rethinking how Napster operates.

    How about this: instead of Joe Sixpack serving partial 96kbps Mp3s off a 56k modem, why can't just the artists run their own mp3 servers off of T3s? This has a few advantages:

    1. Artists can publish high-quality (192kbps-320kbps) MP3s.

    2. Indie artists can be compensated for their music (your account is automatically charged, say $.40 for each song, and that money goes to the artist's account)

    3. Artists maintain control over their intellectual property.

    4. Artists pay some percentage of their online sales-- 8% or something-- to Napster. (They're still making more money than with a record label)

    Yes, the plan requires more thought, but I'd be much happier paying the indie artists directly for music rather than trusting Napster to pay them correctly.

    Just my 2cents
    Cam

  141. Re:Unfair by nature I don't agree by onepoint · · Score: 1

    I think that maybe, I may have an incorrect view but I'm willing to debate the issue.

    I see record companies as venture capitalist. They invest their time and money for recording and promoting the artist. The artist in exchange gives up a percentage of his/her earnings. Napster doesn't give the artist the promotional value, It does provide the distribution value.

    Now I would think that napster can not preview/review and promote as good as a record company. So there need is still there. How napster could play into the game is ... an established artist could place there music from live concerts, napster charges .25 for the download. artist / napster / record company make money. everyone wins. people will still go out and buy the cd because the want the studio version ( the record company and artist make money ) artist & record company & napster makes extra money from there live concert performance. Promotion and distibution is still covered and protected as a revenue source for the record company and artist.

    ONEPOINT

    spambait e-mail
    my web site artistcorner.tv hip-hop news
    please help me make it better

    --
    if you see me, smile and say hello.
  142. Foreign music by ehiris · · Score: 1

    What will happen to all the little foreign music lables that have music shared on Napster and will want a piece of the action?

  143. It was a publicity stunt by Anonymous Coward · · Score: 1

    The Napster people have no serious intentions of paying a billion dollars for anything. They are just offering to make the RIAA look like the bad guy because they know the RIAA is going to refuse any deal.

  144. That's still $299 trillion short by Anonymous Coward · · Score: 1

    Napster executed 3 billion (that's b-billion) song transfers in the month of January. The record companies are asking for $100,000 per copyright violation. Somehow, I don't think $16 million per month will satiate them.

    1. Re:That's still $299 trillion short by WildBeast · · Score: 1

      Does this amount of money even exist? I bet with all that money they'll be much richer than Bill Gates himself.
      With all that money they can give enough food, education, water and electricity for the whole planet.

  145. What the RIAA doesn't want you to know by superflex · · Score: 1
    What a discussion... oh, how we all love our free music. Anyways...

    (1)On the other hand: isnt it legal to copy music to tapes or other analog media and share it with my friends?

    - Somebody correct me if I'm wrong, but I didn't think it was... On the other hand, I am allowed to make backup copies for my personal use, so that I can store the originals in a safe place. Which is exactly why I have burned psx games, burned CD's, copied videotapes, DIVX's, MP3's, and all the rest... they're all just "backup copies" of my "originals". I've simply taken the originals and put them in a safe and hidden place, where they can't be damaged by fire, flood, or alien anal probes. In fact, this place is so well hidden, I can't even find them anymore!!! Good thing I have these handy "backups".

    (2)I could get the files t-e-c-h-n-i-c-a-l-l-y via E-Mail or FTP from a friend

    - Damn right you could, which is exactly what most of the people reading this will probably do. The RIAA isn't trying to kill Napster simply because it exists. They're trying to kill it because any idiot can use it. The sad truth is most people don't have much in the way of technical knowledge, computer skills, or whatever. Whether it's because of fear of breaking something, or some sort of widespread cranial-rectal inversion syndrome (aka having one's head up one's ass), I don't know. But anyways, the RIAA likes these people, because these people like doing things the easy way. I know most of you probably think using ftp is about as easy as Britney (saving herself for marriage, yeah right), but alot of people wouldn't know how to use it if their lives depended on it. As long as the community of people who rip MP3's and share them remains small and unobtrusive, we should all be fine. It's a shame that my mom and dad won't be able to figure out how to get free music via ftp once napster is gone, but them's the brakes.

    --
    sigs are for suckers
  146. Independants by drwho · · Score: 1

    Since I pretty much listen to nothing from teh major labels, hwo about they actually pay record companies by how much stuff of their artists is downloaded? Also, what % goes to the users? it had better be pretty high.

  147. Re:Here here! (or is it hear, hear?) by ConsumedByTV · · Score: 1

    What he/she is saying is that he would like people to see either way the artist is being ripped off, just one way you dont fund the recording industry. Why should I have to fund them to record someone talking? How do they know how I will use the tape? And think again if you think an artist gets anymoney from that, and if they do that they wouldnt starve from it.


    Fight censors!

    --


    "Not my manner of thinking but the manner of thinking of others has been the source of my unhappiness." - M
  148. no more dues by chinsa · · Score: 1

    this might work provided napster starts the membership only thing.. and provided it actually works... which it might.

  149. Um, since when does Open Source forbid profit? by Nailer · · Score: 2

    Open source clients and servers, run by volunteers, faith-based organizations, or governments (where aplicable). By their nature, profit and it's motive are forbidden.

    Er, no. Profit and its motive (greed) are encouraged under both. While many Open Source projects are produced for altruistic reasons, the recent explosion in Linux is aprtially profit driven. Programmers (and documentors, and managers and even marketers) shave to eat, buy mountain dew, and other things that require money, and are encouraged to do so.

    Why on earth would you think otherwise?

  150. Of course it's going to cost more... by atubbs · · Score: 1

    If we were to just assume that Napster could somehow maintain 50 million users once they switch to a pay-only model, in order for them to survive, I'd be willing to imagine that they're going to charge a lot more than $1.67 per month ... as they are going to need some sort of mechanism to make profit from their venture.

    But, I think it's safe to assume that part of the appeal of Napster is that it makes it free and easy to get something for free that users would traditionally find themselves paying for... I still have a hard time seeing people suddenly becoming interested in paying for a service, and doing so en masse. I'm sure there will be a definite user base, and I'm sure that they could eventually make money, assuming all other determinants were held constant, but it's just downright impossible to think that they're going to be able to have $1 billion in excess funds that they can give to the industry ... I don't think they'll rake in that much revenue in the next five years, even before costs.

    However, all things aside, I think this points out an interesting business venture ... if you want to make money, start an independent record label now, and get in on this $50 million/year deal from Napster. Please, where do I sign to accept the proposal?

  151. The real test will not be Napster living by animallogic · · Score: 2
    It's quite good to hear that Napster has an offer to make which sounds quite reasonable.

    It keeps record companies flowing with $$ and the independents will be happy too.

    First problem is that this will almost stop the whole notion that Napster is built upon a system where the middleman (record company) is removed. However, they no longer will be removed and will be very necessary for musicians to get any fianancial reward for putting their work online.

    It's most likely that Napster will split the $50,000,000 a year for indie labels up in a manner where an indie label would have to register with Napster, and then Napster would be able to include them in the deal in which $50,000,000 is allocated accordingly. Unless Napster offers rewards for individuals who are keen to go around the middleman, the artists will have to sign up to a small indie label and eventually these labels are going to get large and no longer seen as an independent thus making Napster just an entry field in online music distribution/subscription without getting rid of the labels and all we would be left with is pretty much the same as before except you can download songs off the net at a cost from a source which is a record label not the artist themself.

    As a musician I think that would suck.

  152. I wanna know by ex+pope+john · · Score: 1
    where the hell Fanning got $1billion

    and

    why the hell he wants to buy me some mp3's with it.

    --
    If you people would just do as you're told, everything would be OK.
  153. Problem is it'll be "Napster II" with encryption by localroger · · Score: 5
    If they do accept this, you can bet that the "unlimited" service will include the encryption and other DRM suggestions which were floated a week or so ago. In other words, you will share MP3's but you won't download MP3's, but a bastard format that won't work on your Rio, won't burn on CD, and won't play at all when its license has expired (unless you crack it of course).

    Oh, and if it's cracked, the record labels wouldn't go along, even if they initially acquiesce.

    --
    Brackets contain world's first nanosig, highly magnified:[.]
  154. I want my own record label by Fujisawa+Sensei · · Score: 1

    I want my own record label so I can sue people and get a corporate welfare check from CD manufactures.

    --
    If someone is passing you on the right, you are an asshole for driving in the wrong lane.
  155. This is a pretty fundamental shift by LionMage · · Score: 1

    I had written a diatribe about this very topic in response to coverage elsewhere, but somehow I feel Slashdot is the best place to post my writings. So here's an (edited) version of what I wrote:

    This is essentially corporate welfare in action, people.

    Napster currently acts as a clearing house for allowing end users to share their existing collections of MP3 files. In order for Napster to effect the changes they've proposed as part of their settlement, they'd have to do two things.

    Number one, they'd have to create a centralized repository for all music. In other words, instead of facilitating peer-to-peer file sharing between users, they'd have a server farm containing all the music they were authorized to distribute. This allows record labels final say over what gets on the servers, what the quality level is going to be (hence the "lowered quality" part of the announcement, forcing people to go out and buy CDs), and most of all, where you are going to get your music from.

    Number two, they'd have to shift their system away from MP3 files and towards files that support digital rights management. That's the only way they'd have a ghost of a chance of preventing end users from writing the music to blank CDs or copying it to their portable MP3 players. Either that, or they'd have to create a closed, proprietary application that stores downloaded music in an encrypted database so that users can't extract individual music files for their own use without paying a fee to do so. What will this do to third party Napster clone applications? It'll kill them off in the short term. And you can bet Napster and RIAA lawyers will go after anyone who tries to make a Napster-compatible client application, using the anti-circumvention clause of the DMCA to stomp the "offenders." This probably means you can say goodbye to Linux or Mac support.

    It's time, my friends, to support MP3 and alternatives such as Ogg Vorbis. We also need better peer-to-peer file sharing technologies to stay one step ahead of these jack-booted thugs. Maybe when the RIAA and the MPAA and other organizations of their ilk realize that dictating terms to us in this manner doesn't work, they'll start trying to work with the technology sector to find a happy medium.

    The sad thing is, I really have no problem with paying for what I use. I buy most of my music on CD and use MP3 for creating mixes and for archival purposes. I've never used Napster, although I've played with Gnutella. Most of the MP3 files I've downloaded (legitimately from places like mp3.com or illegitimately from other users), I've used to screen potential music purchases. But I can't see how turning Napster into a clone of FM radio is going to work. Actually, this isn't a clone of FM radio -- I can still record FM radio broadcasts using tape or MiniDisc or a computer hard drive.

  156. nobody seems to have ever thought of this by tq_at_sju · · Score: 2

    why doesn't a company form outside of the U.S. with a napster type server, like one of those online gambling companies that evades U.S. and other countries laws. If someone did this then everyone could switch over to it and napster would be so screwed cause then no one would pay the X dollar amount a month for a subscription and everyone could enjoy the scalable architecture of a napster like system again. I know this sounds unfair to music artists, but that isn't the question, the question is: Since there is so much money to be made, then why hasn't this been down ?

    --
    http://www.vanillaafro.com - take me seriously and I will shoot you
    1. Re:nobody seems to have ever thought of this by tq_at_sju · · Score: 1

      running a server directory results in a lot of things 1.) you could extort the record companies into you shutting down 2.) you could run commercials in the program, like napster's cd now banner ads. Imagine putting like 10 banner ads in the program to say something like a gambling site 3.) you could charge a one time sign up fee of like 10 dollars, who wouldn't pay this ? 4.) you could have musicians pay for their songs to be commercialed on it I'm sure you can think of otehr reasons, i just don't know why napster didn't do this in the first place

      --
      http://www.vanillaafro.com - take me seriously and I will shoot you
  157. Re:50 million users - HORROR by sunking7 · · Score: 1
    My dyslexic mind saw:

    What would get people to pay? Horror.

    And I thought, my goodness, the facists are back! Pay up or die you communist scum!

    Ok, wake up, it was just a bad dream ;)

  158. At last, A sensible solution - everybody wins by Flabdabb+Hubbard · · Score: 1
    Although the numbers do not add up it looks like this might be a way forward for Napster, and yet another example of how the internet breaks down conventional business models.

    The 'suits' have had it their way for too long now, this grassroots acceptance of Napster means that in the long run, copyright is dead.

    I can see a whole new vista of opportunities open to musicians now this case has been finally settled once and for all.

  159. What comes next by Shagg · · Score: 2
    Napster seems to be sticking its neck out in guaranteeing the music biggies $1B. If people jump ship to up and coming free p2p protocols for exchanging their MP3's, Napster is in alot of trouble.

    This leads to the question... If Napster gets this rubber stamped by the RIAA, anybody else who offers the ability to exchange MP3's other than Napster now becomes "Enemy number 1" to Napster. Is their next move to try and get some kind of patent on searching/trading MP3 files between individual users online, so they can use it as ammunition against potential rivals in order to recoup their $1B promise?

    --

    --
    Unix is user friendly, it's just selective about who its friends are.
  160. How Napster survives by sbest · · Score: 1

    Hey, my first Slashdot post. :)

    My apologies if this consideration is old-hat, and has been discarded by greater minds than my own. I've read quite a bit about Napster, but haven't yet seen this solution presented. Thought I would pour it into the dish and see if the cat licks it up.

    First, Napster isn't about filesharing MP3's. Gasp. :) No, seriously: Napster is *really* about filesharing MP3's *easily*. I get 5 hits on Google for "NewYork,NewYork.mp3", but I've no idea if those sites are up, what the sample rate is, what the download speed is, etc. Napster answers these questions for me, all in one groovy app. If it didn't exist...I'd still get the file, just not as easily.

    But would I pay for it? Maybe, if they could add one thing: reliability. If you got a slow connection, and you're downloading from someone shutting down for the night...suddenly you've wasted an hour. Grrr. :) So what *I'd* pay for is knowing there's Akamai servers cache'ing the content. I'd pay for knowing the download would be as fast as possible and as reliable as possible.

    So...*how* would I pay for it. Here's what I think has been overlooked: I'd pay for it in "download credits". Online credits like a PayPal system, only *specific* to Napster (mp3-pence?). I'd get these credits the usual way sure (ie, credit-card), but I'd *also* get them for being a Good Consumer from the pov of RIAA. That is...when I buy a CD from Amazon, I'd get some credits. When I bought a ticket from ticketmaster, I'd get some. CDNOW could run a special on a new release, where you'd get 2x the credits this week and this week only! And gift-certificate credits, of course.

    Anyhow, that's the angle. IMO, it's a helluva business model, and everyone wins, more or less.

    cheers,
    Scott (who could be wrong)

  161. demographic skewing? by devochka · · Score: 1
    wait....I'm not sure about this, but this might be even more unfair to independent record labels than it first seems.

    Given the nature of napster, a relatively high percentage of downloaded songs might (should?) be on independent labels. Especially considering that college students make up a huge chunk of napster users. Even accepting all other premises, are we sure that 99% of this hypothtical money should actually go to the big 5?

  162. No, where is the moeny _really_ coming from? by Taurine · · Score: 2

    Does Napster really have 50 million users currently paying them $5 a month for their service? If it does, that would make them much bigger than some giant organisations - its like having 20% of all US consumers! I know they have users all over the world, but seriously the biggest group must be Americans, due to the cost of bandwidth in most of the rest of the world.

    It certainly isn't common knowledge that Napster is such a profit power-house. So assuming that they don't have their users all signed up, who is going to give the $1billion to bribe the record companies not to take them down?

    I don't use Napster myself, so please excuse me if I am a little out of touch with the Napster user experience.

  163. Music and money by shd99004 · · Score: 1
    A lot of people seem to have the opinion that it is not right to charge for something someone creates, be it software, music, literature, etc..

    The way I see it, though, is that the creator has the right, in this case the copyright, to the music he/she creates, and can sell copies of it everywhere. The creator also have the rights to give away the music for free, if that is what he/she wants.

    I see it as an agreement between "users" (listeners) and the musician. If music costs money, then that is what the musician wants in exchange. It is like any kind of trade. There's no such thing as a free lunch (unfortunately...!), and I don't think that too many people who produces anything, wish to give it away for free. One of the main reasons to produce and create, is, I assume, money. If it is free for the user, it will still be a cost for the producer, and that can't work out well in the long run. Very simple but true.

    I do however think that CDs today are way too expensive...

    --
    Will work for bandwidth
  164. indie labels by the+ugly+sheep · · Score: 1

    how is this settlement fair? only 50 million to indie labels? sure, plenty of users download popular music, but there are millions of users who are simply looking for stuff they can't find in their local record store or rare stuff that isn't being sold anymore. and the indie labels only get $50 million annually out of the $1 billion? besides the fact that record labels have nothing to do with this. if anyone should be getting money out of this, it's the artists.. it's bad enough that record labels steal money from them anyway. i'll be using all the opennap servers for quite some time. anything but pay napster to pay record labels that don't deserve it.

    1. Re:indie labels by MilTan · · Score: 1

      Your numbers are sort of confusing the issue. They're getting 50 million per annum, or a full 25% of the payout. Not too shabby, considering that regardless of your personal views, most of Napster is flooded with Britney Spears and the Backstreet Boys.

  165. Napster is lame by WildBeast · · Score: 1

    Instead of fighting for their rights and for their users, they go and beg for mercy. That's pathetic. It's a good thing I don't like music much, I haven't bough a CD nor downloaded one for at least 6 months now.

    1. Re:Napster is lame by Some+Woman · · Score: 1

      While it might be nice to be all principled and such, Napster is playing a game that it appears they will lose unless they come up with an alternative which would allow them to continue their service while pleasing the record labels.

      Essentially, if there is to be a compromise, it will have to come from Napster, because the record labels are content to shut down the service. Sometimes you have to give a little or risk losing everything.

      --
      My dingo ate your honor student.
  166. A question I pose to the RIAA by digitalmind · · Score: 1

    So napster stays open, and I have to pay five buckaroos a month for it.

    So what if I am a musician without a contract or label, and I put my music into MP3 format, and share it on napster, somebody might download it.

    That would mean that, GASP, the RIAA is getting paid so the people can get their music for free. The reason they are getting paid is that their logic is that nobody with any talent might, say, go under an indie label (or no label at all), so any artists with talent should be sold under RIAA CD's. Which means that if I were an unsigned artist, I'd be getting screwed by two companies at once. And to think that some people have this silly beleif that napster is the only one screwing people out of money!



    Kris
    botboy60@hotmail.com
    Nerdnetwork.net

    --



    Kris
    botboy60@hotmail.com
    Nerdnetwork.net
  167. hmm, theory by sjudd · · Score: 1

    Napster was never going to do this, it is a bluff. They know users will never pay, and they know the megacorps will never accept it. Its all in the PR, now they can say "look, we offered them a billion, and they told us to piss off!!! What more can we do??".

    --
    All women want is honesty, if you can fake that, you're in.
  168. How did this tangent start, anyway? by Trevor+Goodchild · · Score: 1

    Well I stopped considering it Pink Floyd after Syd Barrett left, but there you go.

    One album and a handful of singles? No much of a career, was it? ;)

    Have you heard "his" tracks on Ummagumma? Aieieieie. Less, please.

    You think that's bad, try listening to his solo stuff. The only thing worse is, um... Mason's solo stuff.

    but it's probably getting too cruel already...

    Not at all. Nothing is more entertaining than making fun of old, bloated, washed-up musicians who don't know when to throw in the towel.

  169. Good question by harmonica · · Score: 2

    If Napster controls transfer and playback (via their client), I would say that it can work.

    However, if all MP3s that weren't created by yourself (read: downloaded over Napster) are encrypted, you will only be able to play them with Napster itself (or any Napster-enabled software). Apart from the fact that this will exclude any non-Windows users (I guess the industry couldn't care less about that), people will not be able to use their favourite player / jukebox (big minus because we know how much people love their skins and similar crap), they will not be able to use standalone MP3 player etc.

  170. They'll never go for it. by RiffRafff · · Score: 1

    Since BMG bought into Napster, the main ploy of the RIAA and Sony (et al) has been to aquire the technology. They will NEVER settle, and plan to pick up the technology and user-base (of 50 million people) by driving Napster to bankruptcy through the fines and punitive damages. Then Sony and all the others will pick up the Napster infrastructure for next to nothing (if that).


    --
    "I might have made a tactical error in not going to a physician for 20 years." -- Warren Zevon
  171. Pahoo. by simon_cockle · · Score: 1

    "...as many as 10,000 files per second by defendant's own admission."
    Who, except the government and large corporations have this kind of bandwidth?
    I can't even do one file per second.
    It is probably the NSA and FBI swapping tunes.
    Go figure.

    --
    ________ semper ubi sub ubi
  172. Re:If free you compete, if pay you get illegal pay by Rares+Marian · · Score: 1

    That is the leetest troll.

    --
    The message on the other side of this sig is false.
  173. Wanna start a Napster-account sharing service? by VValdo · · Score: 3

    Seems the next logical step ;)

    W

    -------------------

    --
    -------------------
    This is my SIG. There are many like it, but this one is mine.
  174. The real question of course... by Jace+of+Fuse! · · Score: 2

    This won't change whether or not downloading copyrighted tunes suddenly becomes justified, since the copyright laws haven't change. Rather the question becomes WHICH songs are now legal.

    Not all artists are part of record lables represented by RIAA.

    Some artists want no part of the MafRIAA.

    "Everything you know is wrong. (And stupid.)"

    --

    "Everything you know is wrong. (And stupid.)"

    Moderation Totals: Wrong=2, Stupid=3, Total=5.
  175. $1.67 per month? by Andrewkov · · Score: 1
    That works out to $1.67/month/user with 50 million users.

    What about Napsters profit? I'm sure they will charge a lot more than $1.67 per month!

    ---

  176. Where will Napster get $1B ??? by wroot · · Score: 1
    How is Napster making money exactly? BTW, I think it could be a good deal for the record companies, since even if they kill Napster, people will continue to use gnutella, OpenNap (one of the Napster server networks), etc. So their cause is lost anyway. Might as well make some money off of it.

    Wroot

  177. Re: Napster Press Release RESTRICTIONS!! by rigor6969 · · Score: 1

    NAPSTER WILL BE 128KBPS or lower when commercial! SCREW THAT! Napster will be copy protected, the items may not be transferrable or usable on other computers OR portable devices OR burnt to CDROM . without an additional fee!! I told you so.

    --
    ===sam=== free nessus vulnerability scan = www.vulnerabilities.org
  178. Not going to happen by Smitty825 · · Score: 3

    So, Napster would expect me to pay $4.95-$9.95/month (as the news.com article says) to share the songs I have on my hard drive, using my bandwidth (which I also pay for)! Also, by paying for the service, I'm going to expect a certain quality from the service. I don't think that it is unreasonable for me to expect transfers to always complete (even if someone else wants to log off), for the service to only list complete songs (so I don't download a 4.3MB file to find out that the correct one is 5.2MB and I miss the last minute of the song) and for the service to have the songs I wish to hear.

    Don't get me wrong, Napster is a good service, but I'm currently willing to put up with those limitations I listed above because the price is right. If they are not able to fix the service to protect my intrests, then I will find another solution.

    --

    Doh!
  179. napster can't afford that by shiggy · · Score: 1

    Napster will never be able to pay that amount of money without making significant changes to its service.

    As it stands now, I often get transfer errors and partial song downloads. I will not pay money with no guarantee of a) getting the song I want, b) getting a high quality rip or c) getting the full song without joe123 shutting down.

    All they would be selling is the opportunity to find a song you are looking for. Not the actual aquisition of the song. That is not a strong product.

    They need to make it reliable before they can charge people for the service. Otherwise, the user base will drop significantly and the revenue estimates they gave are garbage.

  180. Don't work, don't work by stain+ain · · Score: 1

    I am very pessimistic about Napster, it will disappear as it is now.
    Even if the offer is accepted by the record companies, which might be possible, I don't see how Napster is going to take money from their users.
    This is not about good people sharing music for freedom, this is about people getting music for free (like in free beer) and this means that we don't want to pay a subscription for that.
    Ok, maybe I would pay a subscription for that if it was really low enough, but then I want my music, which I have paid for, to be free like free software, I don't want copy protection on MY music; unacceptable to record companies views.
    I think that the music companies are getting it all wrong, they have already lost, they are not going to be able to control the artists any more, they are not going to be able to charge ridiculous prices for CDs that cost some cents in production, the music bussiness is going to change and there will be two winners: musicians and music listeners. Unfortunatelly for them the record companies will be the big losers.
    I see a future where musicians will base their careers mainly on playing music live and will use recorded music as a sort of publicity.
    Let's face it, Napster is dead. Now let's find a good alternative.

  181. I'd buy into it.... by digid · · Score: 1

    I would pay $25-$50 a year for a service like this. Thats the equivalent of what... 4 cds? If I could download as many mp3s as I want, legally, from various record companies that sign up with napster. Screw peer to peer. Napster should just offer high quality mp3s from distributed catalog servers around the country, or around the world.

  182. Maybe in the US by Lispy · · Score: 1

    its illegal. But i KNOW for sure that it is legal to copy Music to tapes in Germany. And it is legal to share them with "friends" as long as you dont make any profi. Thats the situation over here, so i wonder if we could establish a "German only" Napsterclone wich would be legal?? Maybe if you kindly ask we could get you some accounts too...hehe! Lispy

  183. Choice as a natual right by CaptainCalibration · · Score: 1

    The point here is a baseball. IMHO, this is a swing and miss. The RIAA wants money, sure... and they don't get it doesn't bother me too much one way or the other. What I would love to see (and I'm talking theory and philosophy here, not C.S.) is there to be a way for artists who, for whatever god forsaken reason, choose not to have thier music posted on Napster (and it's relatives) have that option. Sure, I see problems with this like Record labels trying to get artists to assert this right, and of course I see the complete lack of feasability at this point in the game. But if the good captian's suggestion actually came around, I don't think there would be quite so much whining and wrangling about this sort of stuff. Artists who chose to have their music shared freely would happily benefit from the exposure. Listeners would get a goodly amount of tunes. I would even think that there would be a certain ill stigma attached to opting out. Anyway, that's my little dream for the morning. Once again, I haven't the foggiest notion of how this would ever work, nor will I even have a clue until I get a cup of coffee. Signing Off, Cap'n Cal.

  184. Calculation of 1.67 is wrong by Zteven · · Score: 1
    "CNET is reporting that Napster has offered to pay the music industry $1 billion over 5 years for the rights to unlimited music swapping. That works out to $1.67/month/user with 50 million users."

    There are 60 months in 5 years, not 12. So it should be $0.33/month/user, right?

  185. Can anyone say cartel? by TuRRIcaNEd · · Score: 2
    OK, so maybe I'm reading this wrong, but back in the day, when RIAA and Napster were first duking it out in court, RIAA's whole argument was against the principle of the thing. They said it hurt artists, and that there was no profitability model in this kind of (pseudo)peer to peer system. This destroyed their (RIAA's) business model, so naturally they freaked.

    For whatever reason, RIAA won the court case, and Napster's business looked like it was going to be squashed.

    Now, all of a sudden, sums of $1bn are being talked about and thrown around, and RIAA are acting like pussycats. Now, the last time I checked, accepting money in return for the protection of a business was called 'protection racketeering'. Granted, RIAA have a group of lawyers who can make this sound like the most legal protection racket you've ever heard of, but surely such a defender of principle as the RIAA shouldn't be adopting methodologies from organised crime?

    I ranted on here a long time ago about RIAA being a cartel, moving towards a system of increasing profits by charging high prices for generic, manufactured material (cheaper than real artists, remember), thus trying to charge more money for 'product', which, as far as I'm concerned, is vastly inferior to 'music'. It looks like they've neutered the first wave of resistance to their plans.

    Those of us who came to Napster via the cluetrain will move on. OpenNAP is still around, as is Gnutella (which needs a serious re-working, but is still viable). What saddens me is that for once, we had a chance to say to the mainstream that there was a better way than The Man's, that there was an alternative, that occasionally building a better mousetrap does work. I just hope we get another chance to say it soon.
    PS. I know that RIAA's principle had to do with giving money to the artists, but I have a feeling that a large chunk of this $1bn will actually go to lawyers.

    --
    - "How do we do it? Volume!" - The Bursar of Unseen University.
  186. LOOPS by DRAGONWEEZEL · · Score: 1

    Loops are BAAaaad.

    --
    How much is your data worth? Back it up now.
  187. Re:WHOSE GOING TO PAY? YOU ARE ! WHY?? by Frizzle+Fry · · Score: 1

    The servers are not threaded. Different users are on the different servers. Thats why connecting to a different one (either by using napigator to choose which server you connect to or by disconnecting and reconnecting with the standard napster software) will give you different results when you search. Also, the statistics at the bottom are only for the server your on. I don't know how irc works, so I can't make a comparison.

    Care about freedom?

    --
    I'd rather be lucky than good.
  188. sic transit gloria Napster by warmcat · · Score: 2

    You misunderstand what Napster will become: it will mutate into a vast pockmarked pimp for crypto-protected ''product'' that will only play the places you paid for. They don't want to ''change everything for the better'', they just want to be allowed to live so they can shovel cash at the bloated cold-eyed Lords of Contracts and dream of their exit strategy of selling out to sleek deadfaced shinybeetle chequestrokers.

    The Forces of Darkness have embraced crypto as a means to extend enforcement of arbitrary limitations for profit (moving it into Windows for example, with driver signing: DRM content will not play unless all your drivers have the crypto to prove they are ''legit''; Intel are pushing a design to encrypt the actual video data between the PC and the display unit) and things will get plenty worse and more restricted before they get better.

    The only upside is that so far pushing the crypto into the eyes and ears of the users is not currently economically feasible, otherwise they'd be looking at that too; that means that ultimately the content can always be hijacked if a modest loss of quality is acceptable.

  189. Math Sucks by clueless+idiot · · Score: 2

    $1 billion over 5 years is $200 million per year

    That's $4.00 per person per year, figuring 50 million users (sure there are . . .)

    That's $0.33 per month.

    But they'll still never get it.

  190. They would be foolish not to take it... by geekforhire · · Score: 1

    ...otherwise the swapping will just go on as it has and the labels wont get a dime. I don't think the labels lose money from napster anyway. I defiantly purchase more CD's now that I sample tons of music from MP3's.

  191. Metallica are now "independent" by yerricde · · Score: 2

    I wonder what Metallica will say about their wanting 'control of distribution' argument now...

    They'd apparently be in the $50 mil going to independent artists (the ones who own their own music).


    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
  192. Napster is quickly becoming the bad guy. by pezpunk · · Score: 1

    or perhaps more accurately .. removing its sheep costume.

    --
    i could live a little longer in this prison
  193. Lets Be Real by Agrippa · · Score: 5

    1) Napster doesn't have 50 million users. It's the same thing as the ICQ/AIM or MSN or Yahoo or just about anyone on the web's numbers. Multiple accounts, forgotten accounts, abandoned accounts all take their toll on the real number. Sure, Napster has a lot of users, but no where near 50 million. I myself have 4 from testing the Napster module for perl. I forget the actual numbers, but ICQ has something like only 5-6 million real users for the tens of millions of accounts.

    2) Charging people for what they previously got for free on the internet won't work. It's been proven time and time again. Napster might be able to make this model work to some extent, but not in the sheer quantity needed to even approach payment on their settlement. At $9, they need a little under 2 million monthly subscriptions. At $5, they need a little under 4 million subscriptions. Those are big numbers for an internet subscription service.

    3) There are free Napster alternatives. 'Nuff said.

    4) Quality of content. If you're going to pay, you expect your download not to time out or mrHaX0r01 to not cut you off in the middle of the download because he's rebooting his machine. We put up with these inconviences now because it's free. If my phone company started disconnecting my calls in the middle of conversations I wouldn't be too happy. There is a level of service expected when you pay for something, and I don't believe they have that level of service to attain the subscriptions necessary.

    Enjoy your Napster while you can. This settlement offer shows that Napster knows it lost and knows its royally screwed. There is very little chance that Napster can raise over $200 million a year profit to pay for this, and the record companies know that.

    .agrippa.

  194. Who would have guessed... by ThePurpleBuffalo · · Score: 1

    Who would have guessed that piracy would cost so much?

    Beware TPB

  195. ad banners by flesh99 · · Score: 1

    advertising with banners is proving to be a model that does not return a decent revenue. look at the free isp's; they are starting to limit users. a banner ad model might work, but with the hatred for banners how soon before a crack is out and the banners go away for free. with alternatives that are based on napster (winmx etc) napster will not be bale to recover the money they would like to. why pay when you can napigate? napster as a business model for profit will not work.

    --

  196. Yup.. I'll pay by I_redwolf · · Score: 1

    If out of that 50 billion over 5 years at least half of it goes to the artists. If that can't be worked out then no. I wont.. And I will continue to give the RIAA the finger. This isn't about napster, because I use it so infrequently (had to find the girl from ipanema) that its not even funny. What I want is the good artists to get paid so I don't have to listen to this same rap and hiphop, britney spears, nsync shit. So unless AT LEAST 25 billion goes to the artist; no go. Napster was what music needed, Now its time to get rid of the RIAA all together. Leech sucking bastards.

    Music is opensource. If I like it.. i'll pay to support the artist.. If it sucks I'll try singing it but since I have no vocal talent.. I'll leave that to the original artist and throw him/her/them a couple of bucks to keep singing.

  197. finding that $1 billion by chongo · · Score: 1
    Napster should offer the music industry ``dot-com'' style stock options. If Napster could make a go of it, they both win. If Napster turns into another ``dot-gone'' then the music industry gets what they deserve.

    They should offer the first options to Lars ... :-)

    --
    chongo (was here) /\oo/\
  198. I think your missing the big picture. by Neck_of_the_Woods · · Score: 2

    You think the only thing they are going to do is bank on subscriber base? Are we all so short sighted that we can't see that they are going to use this to push advertisments on us while we use it? That is more money! 50 million eyes commands a large sum of greenbacks. I think we are all being a little short sighted about what napster is about to do. They will have a virtual strangle hold on mp3/aac propogation on the net, at least legal.

    They will attack those that are not napster, and the music company will do so as well. With that kind of subscriber base they are laying the foundation for music videos, movies, etc...Who do you think the movie industry will go to when compression gets good enough to push it over broadband? I would think they would goto napster, the guys that have the 50 million base allready in their backpocket.

    If they get this they will become the next AOL of the internet, pushing it with the newest killer app to hit the market and sucking up the others as they go. This is only the start if they side this over on the music community.

    Listen to your music, but what them become and empire.


    Neck_of_the_Woods

    --
    Neck_of_the_Woods
    #/usr/local/surf/glassy/overhead
  199. HURR by dave-fu · · Score: 1

    BLURR

    --
    Easy does it!
    This comment has been submitted already, 276865 hours , 59 minutes ago. No need to try again.
  200. where do they get the money? by Malor · · Score: 1

    There is no way they're going to make that much money off subscriptions. If they make it a pay service they'll keep a very small fraction of their existing customer base. That happens over and over again online -- you'd think by now they'd have figured this out.

    And electronic file sharing is probably an ASSET to the record companies, not a 'theft' as they insist so fervently it is. People are musical by nature. The more we are exposed to, the more we tend to want. Nearly all of us would buy albums from groups we liked, even if we had the music free -- if for no other reason than to save time downloading and burning CDs.

    So in essence they are promising money they will never make to be the best publicity vehicle those record labels could ask for.

    Is it just me, or are they out of their bloody minds?

    What's really disgusting here is that Napster could be a nicely profitable company and drive up music sales in the bargain. But the strain of meeting this kind of payment schedule will bankrupt them. Idiots.

    And the record companies are still balking at the sweetheart deal to end all sweetheart deals. If Napster is dumb, I don't even want to think about the average IQ of the RIAA.

    They deserve extinction.

  201. Copyright infringement against users ? by wdavies · · Score: 1

    Hey, Does thi grant copying rights to users ? (i) If it doesn't RIAA could still sue individuals. (ii) If it does, then that could give the green light for anyone to burn their own CDs and perhaps sell them on ? Cheers, Winton

  202. WHOSE GOING TO PAY? YOU ARE ! WHY?? by rigor6969 · · Score: 5

    Lets go over this. Who is going to pay the $1B? The users? yup. What users? Well the users who decide to pay the $9/month so they can download mp3's off other people who pay $9/month! Stupid. Wait? I thought the new napster server will be a central server that you can leech off of unlimited? No thats emusic.com , soon to be another casaulty dot bomb. Whose going to pay? Those that are stupid. You can still use napster without a napster server. Napster is a frickin IRC server, The server software is available. Napigator and others will let you use your favourite "pir8" napster-based server for free still. These servers will run in countries where they can exist legally. So whose going to pay this $1B? Well if they are lucky and get 10% of the subscriber base, that would be just fine and dandy. Wait emusic already is trying to do this? They are failing. So why would napster succeed? They won't. Are you going to pay $9/month to leech off others who pay $9/month? Hell no. Better come up with a new business plan , napster. It's not realistic, it's not going to succeed. This is the internet, we aren't going to pay for something that is already free. Why not start charging to read and post at slashdot? Cause it would be out of business in a month.

    --
    ===sam=== free nessus vulnerability scan = www.vulnerabilities.org
    1. Re:WHOSE GOING TO PAY? YOU ARE ! WHY?? by BeerSlurpy · · Score: 1

      Exactly. Napster is an IRC server. People keep forgetting how trivial the technology here is.

      Did I mention that people still use IRC? What do you think people do in #mp3?

      Also, remember that napster isnt the real killer app that pirates are waiting for. Wait till we have fiber in our homes. Want to borrow my 10GB mp3 library? Here you go, 10 minutes.

      Napster dying isnt the begining or the end. In the old days, big BBSes got shut down all the time. Most people I know left Napster a year ago. Its positively crawling with AOL lusers on dialups these days.

      Last but not least, if napster has 50 million or 100 billion, or whatever many users, how come there are never more than 10 thousand logged on at once?

  203. Everyone jumps to the conclusion they're going... by [wy1d] · · Score: 1

    to charge users....But what about ads (preferably blocked via junkbuster)? I know quite a few people who'd choose opennap or gnutella over a subscription-based napster, so those who pay will end up paying more. Not to mention this is a perfect chance to profit off napster...

  204. Wow.... by mstubble · · Score: 1
    If the record industry is smart they will take their offer... Btw, you may also discuss this topic at:

    MonkeyExtreme.com

  205. Where napster gets money: They don't by timbong · · Score: 1

    1. Advertising on napster.com
    2. Royalties on napster shirts (at least some money)
    That cant amount to much tho... So if napster pays 200 million to the RIAA this year, they'll be down 200 million and they arent even charging anything. Besides, it isn't like they will get 200 million instantaniously. Well it does look like napster will stop itself from bankrupcy with this offer.

  206. Re:How are you gentlemen? by Mastagunna · · Score: 1

    If you are going to quote put them in a logical order, not just any order you like. Zero Wing is a powerful force to be recond with, so dont abuse it, or else all your base are belong to me.

  207. Re:Everyone jumps to the conclusion they're going. by be-fan · · Score: 1

    Nobody pays attention to adds via the internet anymore! The media these days is so advertising saturated that ads have very little value. Don't tell me that you haven't learned to mentall block all the web ads! Quick, without looking, what is being advertised at the top of this page? Also, advertising seems barely enough to support an ISP, much less support a music business.

    --
    A deep unwavering belief is a sure sign you're missing something...
  208. Beginning of the end by cranko · · Score: 2

    Well, by their actions I believe they have admitted the need to reach some kind of agreement with the record companies. That basically gives the power to the record companies. If I was the record companies, I'd simply hold out for as much money as I could squeeze from Napster.

    I bet it ends up being a LOT more than 1.67 per.

  209. They'll squabble over the details... by z-axis · · Score: 1

    ...but at the end of the day, something like this will be worked out. Why? Because the Napster money entirely bypasses the artists, which is exactly what they want.

    It is just so deliciously devious and hypocritical that the RIAA will find it impossible to pass up.

  210. $1.67 a month? I'd pay much more! by be-fan · · Score: 2

    I think this is a very good idea. I don't buy much music now, because I like to dabble and don't listen to a particular song for more than a few weeks. For access to a huge library of music like Napster, I know dozens of people (including me) that would pay up to $10. That's a lot more than many people spend on CDs now, and in the end, something like this might allow the record business to make *more* money.

    --
    A deep unwavering belief is a sure sign you're missing something...
  211. Of course the RIAA doesn't like this. by AFCArchvile · · Score: 1
    In the RIAA's terminology, a "legitimate" electronic music distribution system is no system at all. Those luddites in the RIAA all believe (rightly) that any encryption method, content control system, or secured payment system would eventually be cracked and violated. Unfortunately the public's infatuation with mp3 as a means to share music has ballooned out of the RIAA's control. Plus, there's now an mp3 encoder (LAME) that is open-source, meaning that anyone can compile it and use it; gone are the days of paying Fraunhofer IIS royalties for "their intellectual property".

    To effectively stop music sharing, the RIAA would have to take down the entire Internet. In the future, it probably won't be some hacker attacking servers; it will be Big Brother.

    --
    "Ancillary does not mean you get to rule the world." --U.S. Circuit Judge Harry Edwards, speaking to the FCC's lawyer
  212. Five years? Wow. by Brian+TNB · · Score: 1
    This just came out of nowhere. $1 billion is an impressive sum; I think that Napster is trying to flash a huge wad of cash in front of the music execs' faces, to tantalize them.

    That is a big promise Napster is making to the corporations. In high technology, industry dominance is never certain, especially five years down the road. Even as we type, radical p2p cells are consolidating their power...

    ------------

    --
    Wise man say, choose your enemies carefully, for you will become like them...
  213. You gotta wonder about Shawn.. by baptiste · · Score: 3
    Anyone else wondering why Shawn Fanning is still hanging on? Heck I'd have jumped ship with whatever $$$ I could grab and start working on my next project. I know its his baby, but its looking pretty grim. Bail and work on the next 'piss off RIAA' project!

    --

  214. Who's their lawyer? by enrico_suave · · Score: 1

    Who's their lawyer, Dr. Evil?

    NAPSTER COUNCIL:
    You will allow us to trade songs... (beat) (cue dramatic music swell)

    One Bill-ion dollars!

    E.
    www.randomdrivel.com -- All that is NOT fit to link to

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    Build Your Own PVR/HTPC news, reviews, &
  215. Re:Problem is it'll be "Napster II" with encryptio by CeramicNuts · · Score: 2
    correct! here's a snip from an inside.com article:
    Napster said it believed subscription revenues would easily cover that amount. The company said that its basic subscription service would cost between $2.95 and $4.95 a month that would allow a limited number of transfers. Premium service, which lets people download all they want, would cost between $5.95 and $9.95. Extras, such as the permission to burn songs to a CD or transfer them to another format, would require additional fees, which have not yet been set.
  216. So how much does napster get from advertising? by mikenet · · Score: 1

    Napster currently is run mostly off of adds. Does anyone know how much they make off of this? COuld this money go to labels?

  217. Napster is no different than Radio. by LetsRiot! · · Score: 1

    The same arguments were made when FM was new. "Who is gong to buy music when you can hear & record it for free?" Well, it turns out that people still buy music. Most people I know find music they like on Napster or Gnapster and then go buy the CD. This is just silly that Napster would have to pay for a networking product. What if they just advertised it as file sharing, and not specific to music?

    --

    Republicans are Nazis. LetsRiot!

  218. If free you compete, if pay you get illegal pay by Rares+Marian · · Score: 1

    If you're giving it away for free you compete.
    If you're selling you're making money that doesn't belong to you.

    --
    The message on the other side of this sig is false.
  219. Could an Indie make this controversy? by Speare · · Score: 1

    If one small independent record label didn't want to participate in this deal, could they sue Napster and cause the same controversy there is now?

    That's a good one. Really. Let me catch my breath.

    Okay, now, let me see if I have that right. "Can a tiny label that works out of a garage or on borrowed studio time make as big a media stink as the Sony conglomerate, AOL/Time-Warner, and other major media corporations?"

    Do you think news outlets like CNN would have top stories about Napster, if they weren't in fact owned and operated by the massive media companies who are "attacked" by technologies like Napster? It is precisely the fact that it affects the big boys' bottom lines, that Napster is even newsworthy in the mass cultural sense.

    Americans are spoon-fed from cradle to grave now, and the rest of the world is in danger of the same trap. We eat commercial interests at mealtimes, we breathe consumerism all day, and we sleep with dreams of capitalism all night. If it doesn't have the word "billion" in it, Corporate America doesn't care about it.

    --
    [ .sig file not found ]
  220. Nothing up our sleeve (EXCEPT...) by Spackler · · Score: 1

    I LOVE this plan. Napster gets the recording companies to go for this.

    1. Napster then buys 1 copy of every album.
    2. Put it online for legal trading.
    3. Cancel the plans for the subscription service
    4. Advertise it as free and legal.
    5. Don't make any revenue, and declare bancrupcy.

    BANG, the record companies lose an ENTIRE YEAR of revenue, and it would be legal.

    PS: 6. Everyone switch to Slapster, which buys out the assets of Napster at auction, and does it again!

  221. The end run by gnomish · · Score: 1

    This is, of course, the result that Napster has wanted all along. The pursuit of licensing deals is the one, and only, way that Napster business model worked. Napsters response to the findings in the lawsuits against them has been, repeatedly, for the courts to effectuate a pay per play service. This is the end game for Napster, and the content companies know it. My guess is that this current offer will be refused... and Napster will be left hanging in the wind.

  222. doesn't seem like enough money by Coward+Anonymous · · Score: 2

    For an industry reporting revenues of $15b a year in the U.S. alone and deathly fearful of the internet it seems that $1b over 5 years is small potatos compared to the perceived loss of control.
    Somehow, I don't think the Luddites will accept...

  223. arbitration by stigmatic · · Score: 1

    I wonder what's going to happen when artists become like American sports figures and demand more money, what is Napster going to do then.

    An easier solution for Napster would have been to somehow figure out a method to include artists who don't mind their music being shared, and create their own servers WITH the music allowed stored on them in which users could download songs which Napster would have the rights to.

    Take a look at the contract 150mill for each label none of which is likely to go to any artist, now with this 250mill spread out to say 250 artist who would have allowed their music to be shared, they each would receive the fair value, leaving less room to complain about.

    Under this new agreement (scheme), the only real winners are the record labels who are profiting not the artists who complained. So for Metallica, you just got shafted and your music will now be allowed whether you like it or not to be shared.

    Chicks need Napster too

    --
    "When I was a Buddhist, it drove my parents and friends crazy, but when I am buddha, nobody is upset at all"
  224. here's what I don't get... by brad3378 · · Score: 2


    If the music industry is losing sooooo much money to people pirating music, then why do all the big newspapers GIVE AWAY their news stories on their websites?

    Ever heard of:
    The Detroit News (My hometown rag)
    The London Times
    The New York Times
    USA Today
    The L.A. Times
    The Boston Globe

    The list goes on and on.

    It's obvious to me that these newspapers are generating their own revenue by advertising themselves. Music artists have it easy because the LISTENERS do most of the promotions when they rip/encode to MP3!!!

    IMHO, this whole napster thing looks like one ingenious publicity stunt to sell MORE records.

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  225. Re:Problem is it'll be "Napster II" with encryptio by gss · · Score: 1

    If it can be heard it can be cracked, right? I'm pretty sure I've seen utilities out there that intercepted what was being sent to the sound card, so this can be capturred in it's decrypted digital form and re-encoded into standard mp3.