Slashdot Mirror


Napster Execs Resign, Company Appears to Teeter

renard writes: "The NYT is reporting that five top executives at Napster, including founder Shawn Fanning and CEO Konrad Hilbers, resigned yesterday. This occurs in the wake of their Board's rejection of the latest buyout offer from Bertelsmann AG - as Hilbers says, `I am convinced that not pursuing the offer is a mistake.' Could this be the end for the upstart MP3 indexing service that changed everything?"

229 comments

  1. Revolutions Outlive Pioneers by Anonymous Coward · · Score: 4, Insightful

    Napster as a company is irrelevant.

    The P2P architecture pioneered by Napster is what matters.

    Just like 3dfx (which is no longer) revolutions outlive pioneers.

    1. Re:Revolutions Outlive Pioneers by Anonymous Coward · · Score: 1, Funny

      Yeah thanks to their pioneering, we know exactly what not to do. ie. no centralized server design for music sharing

    2. Re:Revolutions Outlive Pioneers by Anonymous Coward · · Score: 0

      Not to Napster it isn't.

    3. Re:Revolutions Outlive Pioneers by Anonymous Coward · · Score: 1, Interesting

      Napster was P2P? what utter bullshit, if it was P2P how was it possible for the RIAA to close napster down a few times? Napster was a client/server.

    4. Re:Revolutions Outlive Pioneers by tom.allender · · Score: 1

      It was P2P because files were transferred directly between two peers.

      Admittedly there were central servers to coordinate this transfer.

    5. Re:Revolutions Outlive Pioneers by Anonymous Coward · · Score: 0

      Napster WAS P2P their servers gave people a place to hook up to each other. It was a community No files were stored on their servers. The RIAA just told napster to shut down their servers. trust me, I am friends with them

    6. Re:Revolutions Outlive Pioneers by stain+ain · · Score: 5, Insightful

      In fact, I think Napster deserves some credit.
      Agreed, it didn't start the music-sharing thing: before CD-Rs and MP3s we all had double decks.
      It didn't start the MP3 revolution either: way back before Napster, lots of people were already encoding MP3s (L3enc first then Fraunhoffer and Xing...) and sharing with friends, normally using burned CDs but also with some useful useful FTPs, where one had to enter 'hidden' directories until the music could be found.
      And it didn't even start P2P, because it is not a real P2P service...
      But still, Napster deserves lots of credit, because it is the single thing that started the revolution, for its simplicity of use, bringing many users that were not computer geeks to the world of music sharing. It is, in a word, the service that made MP3 sharing popular, and now that it is popular, it will remain that way forever, no matter how hard they try. Cheers for Napster.

      btw, if you want to read about what is p2p and what is not, check this.

    7. Re:Revolutions Outlive Pioneers by yusing · · Score: 0

      Napster as a company is irrelevant.

      This is a pretty insensitive, geeky remark. (Take it from a geek who used to be a thorn.) It's akin to the way Tesla's been treated by history.

      It sucks that all the talented people who made Napster possible have been shit on -- by the slavering, semi-legitimate assholes who control, in every aspect, what music reaches your ears -- at the cost of opening a visionary new era of digital distribution ... an era which is inevitable, and which will free us, at last, thank god Awmighty, from those slavering bitches.

      May the Napsterites find higher mountains to conquer.

      --

      "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

    8. Re:Revolutions Outlive Pioneers by Xerithane · · Score: 2, Interesting

      The P2P architecture pioneered by Napster is what matters.

      Napster didn't do jack shit that was even close to original. On IRC we were doing P2P programs using various scripting languages and what not. The only thing that happened to Napster is Shawn had a nice uncle or grandpa or whoever the fuck he was that gave him the money to try to make it a company so the masses heard of it. There was no original or innovative code that went into Napster. I remember seeing the first Gnapster (sorry Jasta) and thinking it was IRC without the IRC client. Oh, so you have DDC connections with SQL searching while each client registers? Big deal. Back in the days of good IRC pirating everyone just posted a list of files to listen for, and people typed search requests into the channel and if you had it for trade you answered. Sometimes you needed to upload first, sometimes it was free. This worked better than Napster ever did in my experience working with Napster (Although on IRC it was all porn :)) and now Gnutella and Fast Trak have kicked Napster's capabilities all over the net. Napster didn't pioneer any architecture, they just packaged it all up into a pretty end user package and marketed it.

      Putting 3dFX and Napster in the same conceptual group is just wrong. 3dfx came up with new and innovative ideas for openGL acceleration and lost because they got lazy in the market. Name one technology Napster actually created, instead of just wrappering around? (I'll give you a hint, the Napster servers was just a hacked IRC server)

      --
      Dacels Jewelers can't be trusted.
    9. Re:Revolutions Outlive Pioneers by neuroticia · · Score: 1

      I don't think "Napster as a company is irrelevant" is intended to say "It never was important".

      I think that in the present it's true that Napster is irrelevant. It has been more or less defunct for how long now? Its new business model never took off, and its liklihood of ever regaining its footing was very low.

      Napster is a historical figure, and should be remembered as such. It revolutionized things across a broader base and called attention to itself in a way that allows me to talk to non-geeks about topics like p2p and have them say "Oh yeah- Napster" with a glimmer of understanding.

      The poster didn't say "Napster is irrelevant", simply that right now Napster already is a non-entity. The rats have left the sinking ship and found new homes with Gnutella and other "not-a-server" networks. It does not matter to the internet whether Napster lives or dies. It's time is already past.

      It's like a great political leader who has died--the concepts he introduced live on, but functionally he is no longer relevant as a person.

      -Sara

  2. Company Appears to Teeter by billnapier · · Score: 4, Funny

    Let's just hope it doesn't totter as well!

  3. More info... by scrm · · Score: 3, Informative

    here and here.

    --
    ---- scrm
    1. Re:More info... by Cally · · Score: 2

      And even more info here, courtesy of Aunty. OK, so you already read that piece,but remember - for every one who checks the Beeb for stories they missed on Slashdot,there's probably one who does it the other way around...

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    2. Re:More info... by Noobie · · Score: 1

      And yet another site reporting this. So we might say this thing was well covered in the media.. ?

    3. Re:More info... by grytpype · · Score: 2

      The Financial Times link in the parent reports that the company would need a miracle to avoid Chapter 7 bankruptcy (i.e., liquidation). That's the real story here... it it's just a possibility that Napster will go away for good, it's virtually certain.

      --

      - Have a picture

  4. Shawn Fannings CV by bodin · · Score: 5, Funny

    And for those who wants to hire Shawn, his CV
    is published at todays gnuheter:

    http://www.gnuheter.com/article.php?sid=1486

    1. Re:Shawn Fannings CV by Anonymous Coward · · Score: 0

      His CV, unsurprisingly, reads like that of someone who thinks entirely too much of themself.

      Mr. Fanning is in greater need of a slap than a job, I suspect.



    2. Re:Shawn Fannings CV by 56ker · · Score: 2

      I'm afraid someone who lists their hobbies as : Downloading music; posing for magazine covers; leveling entire industries may find job offers a little thin on the ground!

    3. Re:Shawn Fannings CV by Anonymous Coward · · Score: 0

      fucking cockgobbling moron

    4. Re:Shawn Fannings CV by symbolic · · Score: 1, Flamebait

      Let's not forget digging holes - the gaping hole where many might ordinarily have some sense of ethics or integrity - for example.

  5. Why Bother? by TheNecromancer · · Score: 4, Funny

    Why should I buy Napster when I just downloaded it from Kazaa??

    --
    Attention all planets of the Solar Federation! We have assumed control! - Neil Peart
  6. Napster haiku by supabeast! · · Score: 4, Funny

    Napster spent millions
    Only the lawyers got rich.
    H. Rosen smiles.

    1. Re:Napster haiku by ObviousGuy · · Score: 3, Funny

      When I was your age
      We had software called Napster
      Before the Dark Times.

      --
      I have been pwned because my /. password was too easy to guess.
    2. Re:Napster haiku by Anonymous Coward · · Score: 0

      H. Rosen smiles is only 4 syllables, unless you pronouce the dot.

    3. Re:Napster haiku by supabeast! · · Score: 1

      ooops... I need to review those things more before I click submit...

    4. Re:Napster haiku by Anonymous Coward · · Score: 0

      How was the poll? Schegefrauhfen or something?

      When you're laughing at someone's failure.

      Doh, these germans have a word for everything.

    5. Re:Napster haiku by Devil · · Score: 1

      Back in 'ninety-nine
      Napster was ev'ryone's god
      Now it is kaput

    6. Re:Napster haiku by jlbennett2 · · Score: 1

      May not meet the definition of Haiku but there is another form, Senryu, which is much more flexible. I guess teachers really do want to torture you as they always teach the more restrictive form but never the freer...

      --
      Randomly clicking into the moebiac abyss...
    7. Re:Napster haiku by Anonymous Coward · · Score: 0

      I WILL be telling this poem to my grandkids :)

  7. um, boohoo? by tomstdenis · · Score: 0, Troll

    Lets see.

    Leaders of the worlds largest pirate network are resigning [hopefully to go find a real job....] big deal.

    Tom

    --
    Someday, I'll have a real sig.
    1. Re:um, boohoo? by Anonymous Coward · · Score: 0

      Leaders of the worlds largest pirate network

      What world do you live in? Napster may have attracted a lot of average users but it was hardly a "pirate network."

    2. Re:um, boohoo? by shepd · · Score: 2

      >Leaders of the worlds largest pirate network are resigning [hopefully to go find a real job....] big deal.

      I suppose you would say the same things about Yamaha, HP, LG, and Philips if they go out of business.

      I mean, they are all piracy boosters. They make CD Recording drives, right?

      Or perhaps you should just stop being so... generic?

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    3. Re:um, boohoo? by tomstdenis · · Score: 1

      Or perhaps you should just stop being so... generic?

      Saying napster had legitimate uses? Such as what? It only indexed music.

      If I want to look for a good non-signed local band I certainly wouldn't use P2P. Those stupid "it helps the little guy" excuses are the masses way of justifying downloading 10GB worth of RIAA music.

      If Napster was truly altruistic they would have banned IPs from those who sent/got copyrighted material. Instead they let it go for years before being slapped around.

      Tom

      --
      Someday, I'll have a real sig.
    4. Re:um, boohoo? by larien · · Score: 2
      From what I could gather, it seemed that 90% of its users were only interested in getting MP3's of songs they didn't want to pay for. There were some who would use it to listen to a song to evalutate whether they wanted to buy a CD, but they were the minority.

      The net result is that it made the recording industry start clamping down on things like MP3 ripping and CD copying (both of which I do legitimately; I make MP3s of CD's to listen to on the computer/iPaq and copies of CDs to listen to in my car). All that Napster has done for me in that regard is make my life hell if I want to continue doing that with new CDs.

      I'm not going to start the argument about "Napster helps CD sales" because it's been beaten to a pulp. My guess is that it cuts both ways (some people would figure "why buy if I can get it off Napster?" others would try it on Napster then decide to buy)

    5. Re:um, boohoo? by scott1853 · · Score: 2

      Ignore my previous post. Bad morning so far, and I didn't have my sarcasm detector turned on yet.

    6. Re:um, boohoo? by tomstdenis · · Score: 1

      From what I could gather, it seemed that 90% of its users were only interested in getting MP3's of songs they didn't want to pay for. There were some who would use it to listen to a song to evalutate whether they wanted to buy a CD, but they were the minority.

      I love the last bit the best. Um, even if you are going to buy the CD you have no right to infringe copyright. Thats like downing a 1L of pepsi just to "test the market" first. Same goes for those pirate-game-but-only-for-24-hours-then-delete people. Copying game even for 10 mins is illegal in most countries. Just because you plan on buying a copy in no way makes that ok.

      Thats what radio is for. If you want to here what is new tune into your local radio station. They at least [probably] legitimately have copies!

      Tom

      --
      Someday, I'll have a real sig.
    7. Re:um, boohoo? by shepd · · Score: 1

      >Saying napster had legitimate uses? Such as what? It only indexed music.

      Exactly. Napster never put in a filter until they were forced to in an effort to stop you from putting non-pirate music online, just as HP never put a filter in their CD Recorders to stop you from recording tracks without the copyright bit set.

      >If I want to look for a good non-signed local band I certainly wouldn't use P2P.

      Just because you don't want to doesn't mean no one else would. I enjoyed the surprise of finding quality indie bands on Napster. For once they were at the same level as "pop" music, and this is what is really freaking out the RIAA. That an indie band with no label could become popular just by sounding better than Britney (shouldn't be too hard, really).

      Napster was the great leveler, and I appreciated it for that.

      >If Napster was truly altruistic they would have banned IPs from those who sent/got copyrighted material.

      They did. Many times and in many ways.

      And if Napster were truly altruistic, in my opinion, they wouldn't have tried to turn it into a pay service and wouldn't ban anyone at any time.

      Either way, Napster is as much a front for piracy as a company that makes CD Burners.

      Both can be used for bad and good. And, to tell you the truth from what I've seen, more CD Burners are used for warez than for backing up hard drives.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    8. Re:um, boohoo? by aronc · · Score: 1

      [i]All that Napster has done for me in that regard is make my life hell if I want to continue doing that with new CDs. [/i]

      Napster didn't do that. Overgorged and overpowered corporations who have far to much power in our government have done that. I didn't like Napster nor did I use Napster but place the blame where it belongs.

      --

      jello.
      aka aron.
    9. Re:um, boohoo? by Spazzz · · Score: 1

      Pirate network? How so? By this logic, then all of your major ISPs would be the worlds largest "pirate network." Down with UUNet! For they have warez traders and skript kiddies as part of their customer base! This is seriously a case of "shoot the messenger." And Napster tried, they really did, to control what was on their network, but they just couldn't satisfy Rosen.

      I have about 300 CDs in my collection, and a lot of these would have never gotten purchased had I not had access to the material on Napster and other P2P systems. So yeah...it really hurt record sales.

    10. Re:um, boohoo? by aronc · · Score: 1

      [i]I love the last bit the best. Um, even if you are going to buy the CD you have no right to infringe copyright. Thats like downing a 1L of pepsi just to "test the market" first. Same goes for those pirate-game-but-only-for-24-hours-then-delete people. Copying game even for 10 mins is illegal in most countries. Just because you plan on buying a copy in no way makes that ok.[/i]

      That depends on if you're talking about laws or morals. Legally, yeah.. the "sample it" idea doesn't fly. Morally.. well, that's another matter to be determined by ones own opinions.

      Personally, I have no moral problem at all pulling down an album of MP3s, giving it a listen or two, then deleting it and using that to decide if I want to buy the work or not. It's just the same as having a friend copy the cd onto a tape and giving that to me (which is legal, btw). Yeah, you can say that's what the radio is for but the radio doesn't play what I want to hear it plays what the record company wants me to hear. Too many times have my friends and I been burned when the record execs pay for the two good songs from some album to be played then the other 11 songs are so bad the cd never even gets put in the player again.

      --

      jello.
      aka aron.
    11. Re:um, boohoo? by proj_2501 · · Score: 1
      I enjoyed the surprise of finding quality indie bands on Napster. For once they were at the same level as "pop" music, and this is what is really freaking out the RIAA.

      What do you mean "for once"? Underground music has been at and above the level of corporate rock for at LEAST 20 years. Think of what everyone listens to from the 1970's. Think they're innovative? Try again. There was underground music back then too. You think Aphex Twin is hot? All his stuff has its roots back in the 60's, in music written by people almost nobody has heard of. You like Orbital? Three high school kids from Detroit started that stuff in the 1980's. That an indie band with no label could become popular just by sounding better than Britney (shouldn't be too hard, really).

      That will never happen unless people stop paying attention to marketing and equating popularity to quality. Unfortunately that's a lesson we all learn to early and too many never forget. (and not just from advertising!)

    12. Re:um, boohoo? by shepd · · Score: 1

      No, I don't mean at the same quality level, or innovative level, or that underground music is new. Sorry I wasn't clear!

      I'm really meaning that they are at the same level of visibility. "Joe indie band" was no harder to find on Napster than "Britney Speers" with Napster (assuming someone else had it). Whereas if I want to buy a "underground" CD now I'm looking at searching for it on the web or seeing what a local CD shop can do for me, or seeing if I can get it on vynil at the local DJ shop (too bad I don't have a record player :( ). Napster was one of the great equalizers, IMHO. It let the small frys play with the big guys, just like the web lets you put up a webpage (like slashdot) for fun in your dorm and next thing you know you're on TV and in Magazines.

      I know there was decent underground music before Aphex Twin/Orbital/whatever-you-name-it. Heck, I do a radio show of underground electronica (no, I'm not a pro by any means, but I'm the only one in my area broadcasting at 4000 Watts ;-). Its just plain hard to find. Just like many pop bands burn out after their one-hit wonder and are forever forgotten, indie groups are gone even quicker. Which, again, brings me to another point I liked about Napster. If people were to keep their files online (and many more would if they didn't think they'd be in jail for it) older good music would be simple to find. As it stands now, if you are an indie group and quit selling CDs, you're pretty much gone for good.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    13. Re:um, boohoo? by JebusIsLord · · Score: 1

      I wouldn't always equate moral with legal if I were you. Downloading and then buying doesn't hurt anyone, it actually helps both parties. Yes it is illegal, but I dont' recommend always following the law of the land blindly.

      --
      Jeremy
    14. Re:um, boohoo? by tomstdenis · · Score: 1

      I wouldn't always equate moral with legal if I were you. Downloading and then buying doesn't hurt anyone, it actually helps both parties. Yes it is illegal, but I dont' recommend always following the law of the land blindly.

      The road to hell is paved with ...

      If you disagree with the laws of the land, change them. Don't just break them then stand up proud saying "I meant well!".

      The reason a civilized society follows laws is because normally it takes a concensus to form laws. That means more then person must be involved.

      Sure some laws may be found inappropriate [dmca, slavery] but just breaking the law because you want to is wrong.

      Put it this way. What if I think all of a sudden that fat people shouldn't own food, so as a favour to them I rob them of all their food in their homes. Even if my intentions are noble who am I to randomly make up a "law" and follow it?

      Downloading copyrighted music, even if your intentions are honourable [e.g. you will buy or delete it] doesn't mean its legal.

      And I don't think anyone is disagreeing that your way of business is more efficient/practical but that doesn't make it right. I personally don't believe in income tax, but that doesn't mean I can't skip paying it.

      Tom

      --
      Someday, I'll have a real sig.
    15. Re:um, boohoo? by aronc · · Score: 1

      If you disagree with the laws of the land, change them. Don't just break them then stand up proud saying "I meant well!".


      Just to play the devils advocate..

      Have you ever heard of civil disobedience? It can work wonders. Might have heard of a couple of guys who did some nifty stuff with it.. King and Ghandi I think were their names. Something like that.

      --

      jello.
      aka aron.
    16. Re:um, boohoo? by Anonymous Coward · · Score: 0

      Yep. They disobeyed the law, then stood out in the open and were publicly arrested.

      A little different from being weaselboy with a HD or two full of MP3 files hidden in your 'room.' (parents basement)

    17. Re:um, boohoo? by aronc · · Score: 1

      Yep. They disobeyed the law, then stood out in the open and were publicly arrested.

      A little different from being weaselboy with a HD or two full of MP3 files hidden in your 'room.' (parents basement)


      I whole-heartedly agree. My point, however, was that simply saying "change the laws if you don't like them" is meaningless. It is obvious from the current path of legislation that our lawmakers are not operating in our interests. Therefore disobeying these unjust laws is what needs to be done to change them. Until people do start getting arrested for things most of the public feels should be legal nothing is likely to change.

      --

      jello.
      aka aron.
  8. I hope it is the end... by GnomeKing · · Score: 2, Interesting

    the napster market share has been taken over by a lot of other p2p applications...

    To try to build back a userbase on the napster name would be a mistake imo

    It would not supprise me if those 5 execs left at the same time to persue a similar product without the history that napster has had

    1. Re:I hope it is the end... by Cally · · Score: 2

      the napster market share has been taken over by a lot of other p2p applications...

      To try to build back a userbase on the napster name would be a mistake imo



      Isn't it fortunate that Napster didn't try to patent the basic idea? If they'd done that, the shrivelled husk of the company would still be worth a fortune to the vultures - ownership of that patent would presumably allow the firing off of C&Ds to anyone involved with Gnutella, FreeNet, KaZaa et al. "But Gnutella and FreeNet are decentralised!" Yeah, but surely they ALL require a single central download location for the client software... even if those sites are run by non-profit orgs, the hosting will come from a commercial (ie., sueable) corporation.

      Hmmmmmm, now I come to think of it, perhaps someone should register a P2P patent portfolio and turn them over to the FSF to prevent such eventuality happening?

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    2. Re:I hope it is the end... by FurryFeet · · Score: 2



      Hmmmmmm, now I come to think of it, perhaps someone should register a P2P patent portfolio and turn them over to the FSF to prevent such eventuality happening?

      Not really necessary. Any kind of patent for a system like this would have "prior art" written all over it, and even if approved (as we all are aware of the PTO's shortcomings), it would be easily fought in court.

  9. Oh well, they're all disgustingly rich anyways... by 3.5+stripes · · Score: 1

    and Napster will never again regain it's past glory, at least not legally... I'm surprised these rats didn't abandon ship before.

    --


    He tried to kill me with a forklift!
  10. It's funny, laugh by ObviousGuy · · Score: 1, Flamebait

    Talking about Napster is like talking about Netscape. They are both dead companies that thought the light at the end of the tunnel was daylight when it was an approaching train.

    As far as the actual content of the story, it just goes to show what incompetent boobs were running the show. Too much VC money was flowing through them to allow them to give up, I presume.

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:It's funny, laugh by scott1853 · · Score: 3, Insightful

      I think thats a pretty good analysis based on some facts from the article like they still had 70 employees and that Fanning was the CTO. Personally, I don't know of anybody that became a CTO right out of college (or by dropping out of college). Although based on previous articles about the company, it was probably just a token title anyways.

    2. Re:It's funny, laugh by techstar25 · · Score: 1

      SO what have these 70 employees been doing all this time? They have one software product, which if I am correct was coded completely by Fanning himself. I never understood how they made any money. They had one product which was downloaded free, and never had any ads. What kind of a business model is that? Fanning is laughing all the way to the bank, becuase some idiots invested $13 million. Maybe he'll be be like the other big MP3 pioneer who got shut down, and create a new Linux release for Windows users. Look out!

    3. Re:It's funny, laugh by WeedMonkey · · Score: 1

      I don't know of anybody that became a CTO right out of college

      Sergey Brin and Larry Page? OK, they met on the PhD program, but technically they got their jobs right out of college...
      http://www.google.com/corporate/execs.html

    4. Re:It's funny, laugh by scott1853 · · Score: 2

      I read that page, and I just can't seem to figure out why Google would have a neurosurgeon on staff.

    5. Re:It's funny, laugh by WeedMonkey · · Score: 1

      I must say it intrigued me as well... after dealing with the lusers here all day long I'm beginning to wish my company had someone who could give my brain a bit of an overhaul.

      Anyway, who cares, what we *really* want to know is whether the 2 massage therapists are massage therapists or "massage" therapists :-)

  11. Why is this a surprise? by SkyLeach · · Score: 3, Insightful

    The courts killed their market and technology. Napster has been history since that ruling, barring an upset by the Supreme Court, which hardly seems likely.

    --
    My $0.02 will always be worth more than your â0.02, so :-p
    1. Re:Why is this a surprise? by the_2nd_coming · · Score: 2

      what market is that? the balck market in music?

      napster hurt all of us more than it helped us.

      free comercial music is not a business modle that is even legal. I would not cry if the US government said that

      "any one trafficing in Music that does not allow such trafficing in the copyright agreement over a file sharing system will be put it prison for 5 years nad suffer a $100,000 fine.

      thats all good for all the people who want to use technology in legitimate waays such as moving my CD colection on to MP3 and then throwing it around my personal network and MP3 player or making MP3 CDs for my car.

      a law like that would be desirable over somthing like the DMCA or Disney's bill...err I mean Hollings' bill.

      --



      I am the Alpha and the Omega-3
    2. Re:Why is this a surprise? by flakac · · Score: 1
      Napster will remain history since:
      • It just handled MP3 files
      • It requires a centralized server
      • Most people are already used to KaZaa
      • It just handled MP3 files (worth mentioning twice)
      The courts didn't kill their technology... they did, by not trying to develop it further themselves. I, for one, will not shed a single tear for the demise of Napster.
    3. Re:Why is this a surprise? by pezpunk · · Score: 1
      just because it's law doen't make it just. and just because it impedes profit, doesn't make it unjust. art, and music in particular, is, or at least ought to be, a special case. it should not be seen as a commodity. especially when the true content is aural, to claim ownership and to prevent dissemination seems to me to be in direct conflict with the whole purpose of music in the first place.


      i firmly stand by my belief that greed is the only thing that can kill art.

      --
      i could live a little longer in this prison
    4. Re:Why is this a surprise? by the_2nd_coming · · Score: 2

      fine, that is a nice philosophy, but you have no right to take what some one else made. you have no right to tell some one that they cannot get a contract with a big lable to sell their music. you have no right to decide how that music gets diseminated. you have no right to make decisions on if that person's music should be free or cost money.

      that is what the law protects, a person's RIGHT to make the decisions for their works.

      yes the DMCA goes to far, and yes Copyright terms need to be limited to somthing far withing the liftime of the creator and the audience, but NO, you have no right to break the law and get away with it.

      I again say that punishing those that traffic in music that is not designated to be shared over P2P services for free is a better solution to the problems that the music industry is having than trying to creep into my living room and take control of my electronic equipment.

      --



      I am the Alpha and the Omega-3
    5. Re:Why is this a surprise? by aronc · · Score: 1

      yes the DMCA goes to far, and yes Copyright terms need to be limited to somthing far withing the liftime of the creator and the audience, but NO, you have no right to break the law and get away with it.


      No right, no. But some would say you, in fact, have a duty to defy an unjust law. But that's getting into philosophy.

      I again say that punishing those that traffic in music that is not designated to be shared over P2P services for free is a better solution to the problems that the music industry is having than trying to creep into my living room and take control of my electronic equipment.

      I'm with you here though. This is what Metallica should have done to begin with.

      --

      jello.
      aka aron.
  12. In other news... by Night0wl · · Score: 3, Funny

    One boy in South Dakota crys at the loss. Hilary Rosen decides to use one of her four remaining orgasms to celebrate. Next expect use, 2024.
    Rest of population, doesn't really give a shit. Grandmother unavailable for comment.

    --
    Computational Madness in a round package.
  13. duh! by GutBomb · · Score: 4, Insightful

    Could this be the end for the upstart MP3 indexing service that changed everything?

    I thought it ended a long time ago. we already knew it wasn't going to come back in any way shape or form like the good ol' napster.

  14. Ethics? by supercytro · · Score: 2, Interesting
    "...thought that it was unethical to continue to work for a company that was so low on funds it would not be able to pay employees' salaries or give them vacation or severance pay should it fold.
    Unethical or just jumping ship before it has sunk? Clearly it was ethics that motivated him to grab his severence pay before the employees...
    1. Re:Ethics? by beleg777 · · Score: 2, Funny

      A Napster employee talking about ethics. Ah, the irony.

      --

      Science may someday discover what faith has always known.
  15. umm no.. by Anonymous Coward · · Score: 0

    ..they ended a long time ago, the day they first put restrictions on files shared, napster was a poorly developed program since the server was capable of censoring files

  16. The Brand That Would Not Die by Anonymous Coward · · Score: 1, Insightful

    This is kind of like the Amiga situation.

    The Napster brand has changed owners multiple times. Owners with different agendas have tried (and failed) to shape the brand and the underlying technology to their agendas. During this cacophony, the brand has been rendered irrelevantt in a marketplace of far superior competitors.

    Napster is done. It has been rendered irrelevant. Let it die already.

  17. Here is... by kylus · · Score: 2, Informative

    ...another on CNET, for those of you who loathe free registration, or whatever :)

    --
    --Kylus
    Idiot-proof something, and Life will build a better Idiot.
  18. This comes as No Surprise. by n4zgl · · Score: 0

    Wired is carrying an article here.

    When Napster decided it was going to start filtering its mp3 files, it was doomed. The idea that Napster was costing people and business' money spread, overlooking the increasing sales of CD's. Napster should never had made a deal with the RIAA, as soon as 'subscription based' started getting tossed around, we all knew it was dead. Then you hear about the 5000 song database at the 2002 relaunch, and I nearly choked on the 'itoldyouso' of it all.

    So what has the RIAA achieved from this victory?

  19. Who Cares... by groupthink · · Score: 1
    But in a serious way. This company was destroyed the moment it was decided maintaining the fscking phonebook was illegal.

    Although for a short time it was great, and most certainly changed the face of audio entertainment, we can see Darwinism at work. Ideas and implementations which exist in our current tech world, exist in a hostile world, where the single greatest threat comes from the "subpoena attack". Those devices and implementations which are immune to this attack are the ones which will thrive and survive.

    If it hadn't been for the destruction of Napster, I doubt there would be the flurishing of the Gnutella clients we see today. And IMHO, although Napster was great for music, Gnucleus is a far better tool for sharing information/entertainment than Napster ever was, or could ever hope to become.

  20. Napster was already dead by wackysootroom · · Score: 4, Interesting

    Napster has the distinction of being the first company slain by the serial killer known as the DMCA

    1. Re:Napster was already dead by PhxBlue · · Score: 1

      No, Napster was killed by already-existing copyright law--it was illegal to facilitate the distribution of pirated music before the DMCA as well as after.

      --
      !#@%*)anks for hanging up the phone, dear.
    2. Re:Napster was already dead by night_flyer · · Score: 2

      so why is the internet still around?

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
    3. Re:Napster was already dead by cluke · · Score: 1

      Not really - it was the likes of Napster that created the environment that convinced big business that Napster was necessary.

    4. Re:Napster was already dead by Anonymous Coward · · Score: 0

      Because the Internet isn't big and centralized with a dumb smile, a trademark and tons of investors.

    5. Re:Napster was already dead by zerocool^ · · Score: 2

      Pretty amazing feat.

      Putting the last nail in your own coffin, from the inside, I mean.

      ~z

      --
      sig?
  21. my only friend, the end by anthony_dipierro · · Score: 2

    Could this be the end for the upstart MP3 indexing service that changed everything?

    No, that was March 25, 2002.

  22. The whole problem with Napster... by Disoculated · · Score: 4, Interesting
    ...was that they tried to control the content that they were distributing from day 1. If they had been a generic file sharing service, instead of just music, they'd never have been liable for any damages to the RIAA's members... everything would have been in the hands of the upload/downloaders. Sure, they might have had some weird injunctions/warrants to deal with, but they could have claimed all innocence on what was being traded.

    Does anyone have any idea why they did that? It cost them dearly, but I've never understood why they made that distinction. Was it to keep porn off the network? Was it to brand the service? What the hell were they thinking?

    1. Re:The whole problem with Napster... by Anonymous Coward · · Score: 0

      >Does anyone have any idea why they did that?

      I don't know, but I'll bet $1 its because they just didn't want to be bothered writing more database code to handle a more diverse filebase.

    2. Re:The whole problem with Napster... by dinotrac · · Score: 3, Interesting

      >Does anyone have any idea why they did that?

      I imagine because it gave them an identity and it gave them a role to play. At some point, they surely were planning to cash in.

      Besides, if you know what you're indexing, it's easier to make special purpose software that is tuned to the content. Or, rather, it's easier to do that if the law doesn't shut you down.

    3. Re:The whole problem with Napster... by Anonymous Coward · · Score: 0

      Napster was originally written as a quick hack to share MP3s on a university network. Fanning didn't have a clue that it would grow as large as it did.

      Napster, as a company, was doomed to failure anyway because their business plan sucked.

    4. Re:The whole problem with Napster... by Permission+Denied · · Score: 2, Troll
      At some point, they surely were planning to cash in.

      Here's the real problem with Napster IMHO. No business model - no income. This is why there's no love lost from me now that napster's finishing its death throes.

      How exactly are you going to make a profit with something like Napster? Please don't tell me through ads. It's only now that people are figuring out ads don't provide enough revenue to run a business. Look at Kazaa (nevermind the capitalization thing - that is so stupid). Kazaa had banner ads in its client. Didn't make them enough money, so they resorted to bundling their product with spyware. This will also inevitably fail.

      If Naptster had gone to a subscription-type service (in its heyday, when it actually had music on it), it would have failed. The only reason Napster was successful, IMHO, was that, by default, it would share any files you downloaded. Thus, people who don't dig through options dialogs before using a program ended up sharing all their files, unwittingly. The Tragedy of the Commons is the principle that one should apply here - if you give people the choice between sharing their files (and their bandwidth) and just leeching off others, they'll leech, and they won't even feel guilty about it.

      Now, if you would actually pay for a service like Napster, you would have to evaluate why you're paying for the service and what you're getting for your money. Word would get out that sharing doesn't help you in any way, and in fact can hurt you as it takes away bandwidth.

      If Napster had gone to a subscription service where you would pay less if you were sharing more files, people would begin crapflooding it. Taking stuff from /dev/random, appending an ID3 tag and sticking .mp3 at the end. I can do this with dd and perl, but, for the windows users, all sorts of little utilities would pop up on tucows.com that allowed them to do this.

      If they had gone to a subscription service where you get unlimited bandwidth for paying (and everyone who doesn't pay has a download rate limit), people would end up hacking clients to get rid of the limit if it were client-side, and sharing Napster accounts (perhaps even on Napster) if the limit were server-side. I can think of a bunch of technical things you could do to combat this, but the point is that people would try to find a way around it. And especially if you're paying for Napster's bandwidth you would evaluate whether or not you want to allow downloads.

      Subscription models were possible with Napster as it kept data on its servers; this is not really possible with Kazaa or the other modern p2p networks. However, this is a double-edged sword - the RIAA proved that Napster was responsible for its data since it was server-side, and with a subscription model, Napster would not just be gratuitously providing data, but would be actively selling copyrighted materials. I don't know if there's really a big legal difference here, as the RIAA can force whatever court outcome it wants.

      Also, keeping the data server-side meant that Napster had to pay huge bandwidth bills. With Kazaa, they pay much smaller bandwidth bills as they only send authentication and search queries from their servers, not the actual mp3/mpg/whatever data. Bandwidth is very expensive.

      I'm glad these p2p network companies are dying. However, I don't like why they're dying. They shouldn't die because the RIAA has enough cash to force any legal outcome; they should die because they have no business model. I'd like to see the free market, not the monopolistic RIAA, determine the outcome.

    5. Re:The whole problem with Napster... by Anonymous Coward · · Score: 0

      Maybe they were thinking that they were the first to try this route and did the best the could. No one could have foreseen the effect of Napster and the success they would achieve popularity wise. So , maybe now is a good time to remind you that "hindsight is 20/20". Think about that while stepping down from your high horse. Did you think of and implement the second killer app for the net? Didn't think so.

    6. Re:The whole problem with Napster... by Anonymous Coward · · Score: 0

      you forget what -was- on the internet at the time napster was at its glory, everyone was looking for mp3 files.

      Videos/Movies? im not certain about when the first divx codecswhere released but i bet even searching for them back then would be apain in the ass. And very few people had dvds and/or the knowledge to rip the movies and encode them.

      Books? Nah, book trading is still what mp3 was before napster althought there are plenty irc channels.

      Images? its easier to search google for porn than kazza/gnutella/whatever

      What else is there? Software, but downloading exes from file sharing networks was never very smart.
      Apart from that theres the occasional script file that lets the kiddi3z in, but [troll] i can let explorer handle that for me [/troll]

      Control the content they had? that was the -only- content they had at the time, mp3 files.

    7. Re:The whole problem with Napster... by Anonymous Coward · · Score: 0
      Also, keeping the data server-side meant that Napster had to pay huge bandwidth bills. With Kazaa, they pay much smaller bandwidth bills as they only send authentication and search queries from their servers, not the actual mp3/mpg/whatever data.

      You're confused, and so is the moderator who marked you +1 Interesting. Napster dit not have any mp3/mpg/whatever data server-side. The two or three paragraphs you devote to this point are moot. Napster never hosted any content. The only thing the servers did was perform file index searches. The only think Kazaa servers to is provide authentication (which was not even needed to use the network), and to provide some initial super node ip addresses.

    8. Re:The whole problem with Napster... by Anonymous Coward · · Score: 0

      I imagine that would have made it easy for a whole section of Napster to become a place filled with child pornography jpegs.

      If that had been the case, Napster would already be a smoking hole in the ground, and would have been for over a year now.

  23. surprised by tps12 · · Score: 2
    I didn't realize Napster was still around.

    Seriously, while I didn't ever understand their business model, I mourn the loss.

    A year ago I could get any mp3 I wanted. I was just getting into a lot of music (that I have since bought on CD), so this was great.

    Even six months ago, when Napster was gone, there was Kazaa.

    Now, even that is gone (under Linux).

    Gnutella is a nightmare.

    I have to say, this is the first instance I can recall where innovation has been squelched by the twin swords of control, legislation and litigation. For some reason, I doubt it will be the last.

    The revolution was fast, but the counter-revolution was furious. Let's start preparing for the next round.

    --

    Karma: Good (despite my invention of the Karma: sig)
    1. Re:surprised by Anonymous Coward · · Score: 0

      There is always AudioGalaxy.com, but most people seem to ignore it as an alternative to Kazaa for finding music. The revolution is not over... The leaders have just learned to keep their collective heads down, and in many cases, so have the users. The amount of piracy has increased, not decreased since Napster, its just that its taken for granted, its not the novelty it was in 2000. The die hard music collectors have way larger collections then they did in 2000, the amount of music and quaility increases every month (as 160 and 192 becomes more common).

    2. Re:surprised by tps12 · · Score: 2
      This is not available for Linux, is it? Napster was looking like a real de facto open standard for a little bit there. I was using MusicCity's OpenNap servers with great success until they turned into Morpheus.

      I don't know what any of these people think they gain by trying to lock users out of P2P networks with closed protocols. It completely disregards the whole point of P2P. Taken to its logical extreme, the ideal P2P network consists of one person sharing files with himself.

      --

      Karma: Good (despite my invention of the Karma: sig)
    3. Re:surprised by Anonymous Coward · · Score: 0

      I use Limeware (uses Gnutella network) runs under JRE1.3, so you can get it to work in most OS'es. Has some ad-crap though, but works fine otherwise. I like how it downloads from several sources at once.

    4. Re:surprised by AngryAndDrunk · · Score: 1

      I don't know what any of these people think they gain by trying to lock users out of P2P networks with closed protocols.

      Ah, but they're not trying to lock users out, they're trying to lock competitors out.

      There are only three ways (that I can think of) that any company can makle money from this sort of p2p service:

      1) Charge for the software
      2) Charge for access to the service
      3) Charge for people to advertise on the service

      If the protocol is open, then any half-way competent programmer could throw together a compatible client. That harms 1) directly. As the whole point of p2p apps is that there is no central server, except maybe for storing a list of known "super nodes", 2) only works if you can force people to pay for access to this list. However, if the protocol is open, it can be extended to include some sort of broadcast mechanism to discover nodes, or a different, free list can be provided on another server. That harms method 2).

      Finally, any competing, compatible clients could easily be written to ignore the adverts (or substitute ads from another source), reducing the value of 3).

      This is why these people are using closed protocols - not to keep users out, but to keep programmers from harming their potential revenue streams.

    5. Re:surprised by loopkin · · Score: 1

      Gnutella is a nightmare

      try mutella, u'll be surprised...

    6. Re:surprised by tps12 · · Score: 2
      But closing protocols reduces the number of users (standard demand curve), which reduces the value of the network a lot. IIRC, the utility of the network grows like the square of the number of peers. If you are charging for the software, revenues grow linearly with the number of paying users, and the number of users (paying or not) increases linearly with the utility of the network (that is, with the square of the number of current peers). So your best bet is to sell client software based on an open protocol, and do what everyone else does to deal with competitors: make a better product.

      Look at commercial HTML, JPEG, WAV editors...all based on open standards. They get by on being better software, not by locking out competitors.

      --

      Karma: Good (despite my invention of the Karma: sig)
    7. Re:surprised by havaloc · · Score: 1

      Gnucleus will surpass everything out there very shortly. Open source and a smart gnutella implementation. Its worth taking a look at.

      www.gnucleus.com

    8. Re:surprised by NonSequor · · Score: 1

      I've used Limewire. I've had the same problem with every gnutella client I've ever tried. Downloads are rarely successful. Gnutella is a failure as it simply does not work.

      --
      My only political goal is to see to it that no political party achieves its goals.
    9. Re:surprised by garett_spencley · · Score: 2

      Try Direct Connect. I found a few clients on freshmeat but I like it so much that I just boot into windows when I need it (that's not to assume that you have windows installed, just saying what I do).

      The system is more like IRC than any other p2p system I've used before. Plus there's nothing you can't get. There are file format filters to help your searches but the system itself doesn't care what kind of file you're sharing.

      --
      Garett

    10. Re:surprised by Anonymous Coward · · Score: 0

      The revolution was fast, but the counter-revolution was furious. Let's start preparing for the next round.


      Here's a clue for you, bucko: Revolutions always go round and round and round. Back in the day, a common rate was 33-1/3 revolutions per minute.

  24. *apster is not dying by anthony_dipierro · · Score: 0, Troll

    Just wanted to remind the trolls out there: *apster is not dying.

    1. Re:*apster is not dying by Milican · · Score: 0, Troll

      WOW! What a clever name for your website. SlashdotSucks... how did you choose that? You are a clever and witty one. That name is gold baby, gold!

      JOhn

    2. Re:*apster is not dying by Anonymous Coward · · Score: 0

      It's also ironic because he steals his stories from slashdot.

    3. Re:*apster is not dying by anthony_dipierro · · Score: 1

      How is that ironic?

  25. Good ol days by The-Bus · · Score: 2, Interesting
    To me, Napster died that summer of 2000 when it was suddenly thrust into the front cover of Newsweek and every other magazine I can think of. I spent that summer creating a database in Germany and /. became an hourly ritual, which is about how fast those stories came about.

    I find it funny that Napster came and went, the FBI raid came and went and it seems to be business as usual as the new Eminem album is leaked as well as a (bad) cam job of Episode II.

    Piracy may never be so widespread and popular again, but it will always exist. Anytime you don't have a free market, a black one will exist.

    --

    Small potatoes make the steak look bigger.

    1. Re:Good ol days by bonch · · Score: 2

      Off the top of my head, these are the albums recently leaked before release date:

      Rush - Vapor Trails
      Moby - 18
      Korn - The Untouchables (a full two months before release)
      Weezer - Maladroit
      New Snoop Doggy dog album
      New Eminem album
      15 tracks by System Of A Down (songs in consideration for the next album; they're not even mastered yet)

      Probably more I'm forgetting.

    2. Re:Good ol days by VivianC · · Score: 2

      What about Wilco who released their new album via the web before they could get another company to press CDs? /. mentioned them here and I noticed that they have been very sucessful.

      --
      Viv

      Gmail invites for ip
  26. Epitaph by ackthpt · · Score: 1
    Napster - Lasted Longer Than Expected

    When companies appear to die after turning down offers, I wonder, what do you have to gain by not just taking whatever money and running? Ok, maybe they'll sleep better at night, but somehow I don't feel that figures into it all that much.

    --

    A feeling of having made the same mistake before: Deja Foobar
  27. Obviously some monkey business going on by Kris+Warkentin · · Score: 2

    "a sticking point had been Bertelsmann's refusal to indemnify Mr. Barry and Mr. Hummer completely from further lawsuits that the record companies have threatened to file."

    Looks like these guys are a little worried that if they take the money and run, the record companies will hunt them down and beat it out of them.

    --

    In Soviet Russia, hot grits put YOU down THEIR pants.
  28. Oh, my by Scooby+Snacks · · Score: 3, Insightful
    This isn't intended to be flamebait, but watching Napster now is like watching someone you once knew who was vibrant and healthy who is now just lying there on life support. It's morbid really. Someone needs to have the courage to just pull the plug.

    Fare thee well.

    --

    --
    Runnin' around, robbin' banks all whacked on the Scooby Snacks...
    1. Re:Oh, my by beckett · · Score: 1

      don't pull the plug yet! i wanted to buy my napster t shirt and their web server's down!

  29. Dead but refused to admit it... by supercytro · · Score: 4, Interesting

    There was little point in maintaining the company anyways... from a business perspective, the company possessed little which couldn't or hasn't been engineered elsewhere.

    Arguing from a brand name perspective also falls apart as it has been damaged in the eyes of the market and consumers in a number of high profile media reports.
    Many of the original millions of users had no intention of contributing financially and have since moved on to other products... it was mainly a way for them to leech music.

    This meant that it effectively was running at a loss with little chance of making money from past 'customers' or attracting new customers. The company possessed little valuable assets and legal cases as well as monetry concerns was killing it off slowly.

    The biggest surprise was how it has managed to survive this long...

  30. infighting and greed by Alien54 · · Score: 3, Interesting
    just idle speculation, but it sounds like it sounds like you have infighting between various factions, such as idealists, business types, and some folks who are now facing the music about becoming another dot-bomb. No one likes being bought out by another company. I can imagine the board room scenes as it spins out of control.

    I hope people were able to salt away money as a cushion for their future.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:infighting and greed by visualight · · Score: 1

      My Idea:

      They don't want to cut their losses. Still holding on to the notion that they might turn it around and get their money back. They'll probably just lose what money they have left.

      --
      Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
    2. Re:infighting and greed by milo_Gwalthny · · Score: 2

      Looks more like a failed negotiating strategy.

      Imagine this scenario: Bertelsmann doesn't want to write off the company as a total loss so they offer to buy it for a pittance. Hummer Winblad (the VC) has the right to block a deal; this is their only negotiating leverage. They tell Bertelsmann that unless they pay more, the company sinks. Not a bad negotiating strategy; the only problem is if Bertelsmann gets pissed and calls the whole thing off (by, as it seems they did here, lowering the original offer. That's a slap in the face in this sort of negotiation.)

      But, no way to really know what happened behind closed doors.

      --
      Milo
  31. Are you always an extremist? by scott1853 · · Score: 2

    Uh, they were only allowing MP3 files to be transferred on their service. It's not like they could also be used for backing up data files.

    Are you going to burn millions of CDs and then mail them out on request, for free?

  32. Good for Them by kawlyn · · Score: 5, Interesting
    The NYT mentioned that one of the reasons the executives were stepping down is that they wanted to make sure that there was enough money in the pot so that the employees could get paid. If this is for real that's great. It's nice to see the executive of a company acting in a responsible fashion.

    Having said that, this also makes me kinda optomistic for the future. The future where all the old dinosaurs that are running the world now finally retire, and get replaced with people that have a clue.

    --

    When someone yells "Stop" or goes limp, or taps out, the fight is over.
    1. Re:Good for Them by Anonymous Coward · · Score: 0

      Yeah - step down - leaving the way clear for Hank Barry to burn the severance money looking for a better deal.

      Hank - you're an idiot - playing poker against Bertlesmann, they have all the cards, you have noting but a bad reputation for running a good company into the ground.

    2. Re:Good for Them by bilbobuggins · · Score: 1
      one of the reasons the executives were stepping down is that they wanted to make sure that there was enough money in the pot so that the employees could get paid. If this is for real that's great

      um, making sure there's enough money in the pot would come from something like taking a pay cut (ala Cisco).
      having the execs, who's job it is to get money for the employees through investors/partnerships etc., quit outright isn't going to help anyone...

      OT: this is causing the company to 'teeter'? what about the court order to stop business immediately a while back?

  33. "Early days of the Internet"? by Scooby+Snacks · · Score: 5, Insightful
    By letting people exchange music at no charge, Napster exploded in popularity. That engendered the ire of the record industry even as Napster helped shape the early days of the Internet.
    Where's this reporter been? Let's see... Napster came along about 30 years after the "early days of the Internet". What gives?
    --

    --
    Runnin' around, robbin' banks all whacked on the Scooby Snacks...
    1. Re:"Early days of the Internet"? by BlueUnderwear · · Score: 2
      ...What was the Internet like before the government and ACME Corp. screwed it up...

      You are allowed to name the beast: Microsoft.

      --
      Say no to software patents.
    2. Re:"Early days of the Internet"? by Zelet · · Score: 1

      Naming one company isn't enough. What about all the Media companies?

      --
      ...And when they came for me, there was no one left to speak out for me." - Martin Niemoeller (1892-1984)
    3. Re:"Early days of the Internet"? by Armaphine · · Score: 1
      Silly Slashdotters...

      Don't you realize that the Information Superhighway was developed by a joint venture between Microsoft and AOL under the leadership of Al Gore? It all started out with the World Wide Web, and then Evil Hackers and Pedophiles went and corrupted it with things like IRC. (Where all those Evil Hackers lurk about, trading your credit card numbers. Why else would they use that and not a clean, safe instant messenger like AIM unless they were doing something illegal?)

      Just remember, in your browsing... if it doesn't have nice, pretty graphics, it's probably a hacker site that'll steal your identity and your job! Now, if you'll excuse me, I've just received this e-mail saying that I can make $5 for everyone I forward this to. Woot! I'm paying off my car today!

    4. Re:"Early days of the Internet"? by Scooby+Snacks · · Score: 1
      I don't doubt that in another 30 years' time, the present day will be considered "the early days of the 'net", but relative to now, "early days" doesn't cover 3 years ago.

      You make an excellent point, though.

      --

      --
      Runnin' around, robbin' banks all whacked on the Scooby Snacks...
    5. Re:"Early days of the Internet"? by msouth · · Score: 2

      What gives is that most of the time "the early days of the internet" == "the first time that the person using the phrase heard of the internet".

      My brother pointed this out to me when citing a cluser's attempt to flame someone for claiming he had been using email for ten years. Something like a biting "email hasn't even been _around_ for ten years!" (this was five years or so ago).

      Probably works well as a general principle. Call it "Moron's Law" and it will become a de facto Principle Of How Things Work...

      --
      Liberty uber alles.
    6. Re:"Early days of the Internet"? by Puk · · Score: 2

      You can't really say "the early days" of something based on how long you expect it to be around -- only on how long it has been around. Otherwise we can call this "the early days of humanity", since some people thing we'll be around for billions of years to come (and, of course, if we're not, who will complain that they lied :). Perhaps in another 50 years, we can start calling Napster part of "the early days".

      -Puk

    7. Re:"Early days of the Internet"? by hendridm · · Score: 2

      > The Internet is still only ~30 years old. We are still in the "early days."

      True, but relatively speaking, in today's context the "early days" typically refers to pre-90's in my book. I know that's a large chunk, but the Internet got much more exciting with HTTP and HTML. Yeah, yeah, it was still cool before that, but only scratching the surface of its today's potential.

      Most of the lusers I help think of "Internet" and "World Wide Web" as synonyms :)

    8. Re:"Early days of the Internet"? by Manitcor · · Score: 1

      The early days of the net are different on who you ask. If you mean technically, you could go all the way back to ARC Net. For most of the population though the Internet didn't begin to really enter the mainstream (media, massive people signing on, etc.) Till about the height of the tech boom (around 1998). So if you ask most people (Not techies) they would consider the last few years "the early days".

      Its all about perspective

      Sub OffTopic()
      I've just received this e-mail saying that I can make $5 for everyone I forward this to. Woot! I'm paying off my car today!


      Mind if I use this in my sig?
      End Sub

      --
      "Don't mess with him, he taunts the happy fun ball."
    9. Re:"Early days of the Internet"? by Armaphine · · Score: 1

      Go ahead. Sig away!

    10. Re:"Early days of the Internet"? by Anonymous Coward · · Score: 0

      I think you meant to type AOL (the Netscape people) but hit a few wrong keys.

  34. Dying. by popeyethesailor · · Score: 1, Funny

    Can we have a port of the *BSD is dying post to Napster please?

  35. How to make black markets grey by e-gold · · Score: 4, Interesting

    Directly tip/pay musicians (I've said how ad-infinitum here, so I won't repeat my whole rant now). It's not hard to break the payment-system bottleneck and cut out the middlemen, I've been selling the tools for YEARS...

    http://101574.clicktwocents.com tips me with my favorite kind of money if you've got any (and around here, I give the stuff away!) but I have 0 musical talent. The Radiators are quite good, though.
    JMR

    --
    Try e-gold - (contact me). I'm NOT e-
  36. Napster.... by ogar572 · · Score: 0

    Fun while it lasted. Peace G (Pour some from a 40oz on the ground to honor them).

  37. "Early days of the Internet"? by Zelet · · Score: 2, Interesting

    The Internet is still only ~30 years old. We are still in the "early days." And think about it, when our kids (I'm only 21) use the net, they will be asking us, "What was the Internet like before the government and ACME Corp. screwed it up. You know, in the old days?"

    --
    ...And when they came for me, there was no one left to speak out for me." - Martin Niemoeller (1892-1984)
  38. huh? by night_flyer · · Score: 2

    "Could this be the end for the upstart MP3 indexing service that changed everything?"

    Napster "ended" when they lost their copyright infringement case...

    --


    Thanks to file sharing, I purchase more CDs
    Thanks to the RIAA, I buy them used...
    1. Re:huh? by terrymr · · Score: 2

      when did that happen then ? - last thing I'd heard was that we were still going through the pre-trial motions.

    2. Re:huh? by Anonymous Coward · · Score: 0

      A decision hasn't been made in the infringement case.

  39. Karma Police by CaffeineAddict2001 · · Score: 5, Insightful

    Napster was great.

    If every musicians in the world went broke from napster, I would still think it was great.

    There would be other incentives besides money to create music and life would go on. Maybe there wouldn't be so much of it, but is that such a bad thing?

    If I were a musician, of course I'd be pissed, just like anyone else who chooses a profession thats core business model has become obsolete.

    I'm sure this post is short sighted, poorly thought out and doesn't consider the massive effect entertainment has on the economy.

    I don't care and neither did the thousands of napster users who were told by the recording industry that they needed music in order to live.

    The music they forced down the throats of our generation is what encourages this attitude, now they reap what they sow.

    1. Re:Karma Police by thesolo · · Score: 2, Interesting

      If every musicians in the world went broke from napster, I would still think it was great.

      Can you name me one musician who ever went broke from Napster??

      The fact of the matter is that the only people in the music business that napster hurt were the middlemen. Not the artists themselves, but the middlemen who take all the money for the artists respective work.

      Under the current system, almost all artists make their money from concerts, not from CD sales. Therefore, even if people downloaded music without paying for the CD, it really didn't hurt the artist all that much. Instead, it offered free advertising for how good that artist's music was.

      I can distinctly remember going to see a band that I liked before Napster really started getting popular. I saw them at a club, and no more than 200 people were there. A friend of mine put their stuff up on Napster (yes, this was illegal). 3 months later, they were playing a larger venue, and the show was sold out. Over 900 people were in attendance. Personally, I think a lot of this was due to Napster. People who had never heard of them could now listen to all their music.

      Honestly, what's better for the artist? 200 people buying their CDs at $15 a pop, of which they might see $.50 to $1 per disc, or 900 people paying $20 a pop to see them play live??

    2. Re:Karma Police by Anonymous Coward · · Score: 0

      I agree with you 100%. That, and programmers. They shouldn't get any money either, all their work should be free. They should just do it for the love of the job. And nurses and doctors, too. Why do they need so much money? Heck, nobody should get paid anything for their work. Everything should be free, right?

      Just curious. What do you do for a living?

    3. Re:Karma Police by CaffeineAddict2001 · · Score: 1

      It was a highly exaggerated scenerio that would never occur. My post was poorly written.

      I doubt anyone was hurt by napster, except maybe the rare occasion of songs still in production being uploaded.
      I agree, Im sure napster helped alot more musicians than it hurt.

    4. Re:Karma Police by CaffeineAddict2001 · · Score: 1

      Doctors, Nurses, Programmers and Musicians all provide some services that cannot be duplicated electronically.
      If a computer could do free surgery as well as a doctor, why should I pay a doctor?

    5. Re:Karma Police by CaffeineAddict2001 · · Score: 1

      FYI, I am a programmer. I make money by creating programs that fit a specific need. If someone can find a free program that does what they need, I would expect they would use that rather than hire me.

    6. Re:Karma Police by Anonymous Coward · · Score: 0

      And computers can compose and perform beautiful music all by themselves...

    7. Re:Karma Police by CowbertPrime · · Score: 1

      Well then, maybe I should promote piracy of your program then resulting in less money and therefore less time to bullshit. (because no one else has written a program that does what yours does, and I don't want to pay for one).

    8. Re:Karma Police by pezpunk · · Score: 1

      you, sir, _get_it_

      i wish more people thought like you. unfortunately, extreme consumer-culture and unchecked capitalism tends to make people believe funny things. now don't get me wrong. i'm no socialist. i'm a capitalist. but too many people believe that profit makes right, or that everyone has an inherent right to make a profit. too often capitalism doesn't allow for the sublime. things like music are, fundamentally, somewhat anti-capitalistic. music is viral. it's purpose is to grow and dissemenate, to affect people and move them. it's a complex combination of ego and selflessness at its heart. and it doesn't make much sense from a supply-demand market-economy point of view. this is why copyrights don't make a hell of a lot of sense on songs.

      <PLUG>my band has all of our songs available on our website as MP3's because we don't WANT to make a lot of money. we don't WANT to quit our day jobs. the daily trivialities of a shitty job, plus the knowledge that making music is our love, and not our source of income, is the only thing that keeps us relevant.</PLUG>

      the easiest way to nullify an artist is to make him comfortable.

      --
      i could live a little longer in this prison
    9. Re:Karma Police by Saeger · · Score: 1
      Heck, nobody should get paid anything for their work. Everything should be free, right?

      Nurses and doctors can't "record" their work once and then try and profit from that past work over and over and over like programmers or artists can (or rather, could, in the past).

      In order for doctors to make money they have to continue working - they can't treat a patient once and earn royalties on that treatment for life. Similarly, I'll pay a painter for an original, and I'll pay a programmer for custom work, and I'll pay to see a musician at work (in concert), but unless I'm feeling generous, why should I pay for freely available reproductions of past work? Because of outdated copyright? Is it fair that a plumber can't fix a leak once, really well, and then sell that fix multiple times?

      (I would pay to fund future work, ala variations of the street performer protocol).

      --

      --
      Power to the Peaceful
    10. Re:Karma Police by CaffeineAddict2001 · · Score: 1

      Go right ahead.
      My programs are usually so specialized that they wouldn't do anybody but the client any good.
      If the client allows it, I usually release it to the public anyhow.

    11. Re:Karma Police by CaffeineAddict2001 · · Score: 1

      Excellent. If I knew how the moderation system worked I would mod you up. If my stupid ramblings got a 5, this deserves a 10.

    12. Re:Karma Police by Anonymous Coward · · Score: 0
      If a computer could do free surgery as well as a doctor, why should I pay a doctor?


      That depends - would the computer be running Windows?

    13. Re:Karma Police by Anonymous Coward · · Score: 0

      Why the fuck does everyone think the idea of copyright is outdated just because it costs nuthin to copy now??? Thomas jefferson would bitchslap you. Digitial doesnt change the fact that I need to eat as much food as a doctor, and the best way to make money in my profression is to make you pay for stuff you value even if you can steal it for free. People wont pay voluntarily, which is why the law says you have to because its for everyones best interest that i have a reason to create more stuff in the future.. that's the copyright bargain.. there is no free lunch like in your sig says.. there is no new economy!!!

    14. Re:Karma Police by symbolic · · Score: 2

      A few points... First, in order to produce all this "free advertising" in the form of overpriced CD's, record companies need to be convinced that they'll make a profit. No profit == no CDs == no "free advertising".

      Second, 900 * $20 = $18,000. Subtract the cost of production, and what do you have left? Will this model work for any but the most established artists?

    15. Re:Karma Police by symbolic · · Score: 2

      You, sir, DON'T get it.

      What is it about music, that requires the consumption of resources in order to produce, that it should be free? If music is such a fundamental part of our culture, then why not take the next logical step and say that ALL art should be free? Art, to a significant degree, defines culture.

      What is it that extols upon you or anyone else, a right to the benefits that someone else's music might offer? When was it, exactly, that artists were put here so that your life might be a little more enjoyable?

      Please tell...I'm trying to understand the basis for your reasoning.

    16. Re:Karma Police by pezpunk · · Score: 1

      fine then, all art should be free. does that make me consistent?

      --
      i could live a little longer in this prison
    17. Re:Karma Police by symbolic · · Score: 2

      Consistent, but irrelevant. You haven't answered any of my questions, namely providing some jusitification for the notion that people have a "right" to the creative works of others - without compensation. Where does this right come from?

  40. Napster was MP3s for the AOL crowd. by ErichTheRed · · Score: 3, Insightful
    Remember back before Napster existed? Most people traded MP3s and movies on secret FTP sites. Napster's role in the file sharing market was to extend it out to the masses who couldn't figure out how FTP clients worked. Granted, they made it much easier to find music, but when the AOL crowd gets wind of something and tells their friends, and one of those friends is a reporter or an RIAA worker, then the whole house of cards comes down.

    The legacy Napster did leave behind is the other filesharing networks (Kazaa, etc.) That's good. However, the genie's out of the bottle, and those services are next.

    Time to fire up the ol' FTP client and Usenet reader...

    1. Re:Napster was MP3s for the AOL crowd. by igottheloot · · Score: 0

      sshhhh! don't ever mention usenet on a public site like this. we don't want people to ever figure that out. it would ruin the only real free internet that has ever existed.

    2. Re:Napster was MP3s for the AOL crowd. by Anonymous Coward · · Score: 0

      Bah, that's not true. I remember the days when mp3s were traded with good ol' http and html. It wasn't until later that they were forced to go undergroud to ftp sites. I didn't like the ftp because it often involved efnet script kiddies, and ratios and whatnot (in a time I was still on dial-up). So when napster came out I could download during the day, leave my computer on and share during the night. Way more convienient.Especially since a lot of peopele didn't want to download from me with my speed anyway.

  41. Very good comment by interiot · · Score: 5, Insightful
    I think boingboing summed it up very well:
    • When Napster was getting off the ground, the labels pooh-poohed it, basically taking the position that anything that got built by average users, ripping their own MP3s, adding their own metadata, serving off their own PCs with their own network connections would suck. Only a centralized system could deliver "High Quality Content," because every file on the network would be vetted and served by a Responsible Grownup from the labels.
    • The new, BMG-owned Napster was very much a Responsible Grownup proposition. Responsible Grownups would centralize the files, take them out of that greasy-kids-stuff MP3 format and put them in a Responsible Grownup format with "rights management" that would curtail your ability to format-shift, time-shift and repurpose the music you downloaded. The system really looked like it was going to brutally suck.

      So I can't really feel too sad for poor old dead Napster. Death was the best it could hope for now. Dead, its name can remain synonymous with revolutions; had it lived, its name would have been synonymous with crap.

    1. Re:Very good comment by Anonymous Coward · · Score: 0

      Dead, its name can remain synonymous with revolutions; had it lived, its name would have been synonymous with crap.

      After chapter 7 is filed bertelsman will likely pick up the name (for a price) and put out something called "Napster" some day.

  42. Zilch by Anonymous Coward · · Score: 0
    I'm sure this post is short sighted, poorly thought out

    Yes, it is. The music they forced down the throats of our generation is what encourages this attitude, now they reap what they sow.

    And may be, just may be some day you will shut the fuck up as no-one wants to hear this shit anymore.

    No-one ever forced any sort of music down your throat as it just is not possible but you just wanted the gain without the pain. You are just another ME ME ME weenie, looking for another lame excuse of the day.

    1. Re:Zilch by CaffeineAddict2001 · · Score: 1

      I'm sure your a great altruist. You probably take care of your sick grandmother while working 3 jobs so you can buy Celine Dion CD's for poor inner city youth.
      Or maybe, like me, you are just another self-absorbed consumer that likes the sound of their own voice.
      If your sick of hearing selfish idiots making excuses to justify their ways I suggest you get off the internet, or rather, the planet.

  43. Hey, recursion is great!! by cluke · · Score: 1

    Well, that was smart.

    I mean, that the DMCA was necessary, of course.

  44. They just need a new name by Judecca · · Score: 1

    Throw on a new appearance... call it Napster XP and people would start using it again.

    Worked for the iMac.

  45. Napster is not p2p by Anonymous Coward · · Score: 0

    It's just a centralized directory service. Hell, it's as much p2p as your plain vanilla warez ftp site listing in some web server is. If it were "real" p2p it couldn't have been stopped so easily.

    Of course, this might be apples & oranges, but at least it's my opinion.

    1. Re:Napster is not p2p by heybrakywacky · · Score: 1

      What exactly do you think P2P is? People just randomly figuring out a way to connect to each other, then exchanging information?

      Napster is pretty much the epitome of P2P: software that enables people to transact directly with each other. That's exactly what Napster does/did. If that's not P2P, could you give me a better example of it?

      --
      I'm sorry sandwich! --Brak
  46. Changed everything? Really? by Anonymous Coward · · Score: 1, Insightful
    I'm still putting my pants on one leg at a time.


    I still butter my own toast with a knife.


    I still have to drive a car that's fueled by gasoline and uses the principles of internal combustion to generate horespower to work every day.


    Oh, what's that? It changed how music is distributed online? Well, I guess that's not everything, is it?


    I'm tired of everything on the internet being a fucking revolution.

  47. idiots by Anonymous Coward · · Score: 0

    what kind of bubble living idiots are on that board ? I'd love to sit in on one of those board meetings.. 'No, honestly, I think we have a good opportunity here to make a come back...'

  48. The Extremists are the Copyright Cartels by FreeUser · · Score: 2

    Uh, they were only allowing MP3 files to be transferred on their service. It's not like they could also be used for backing up data files.

    The example I'd like to use is my old single I have on the shelf (six inch vinyl record, now hopelessly scratched but still playable, if I still had a record player) of "Too Drunk to Fuck" by the Dead Kennedy's. Not their best work, but I was 16 when I bought it (for juvinile "its got profanity, cool!" reasons), and it introduced me to a great punk band whose other albums I have owned (and seen get destroyed at parties, etc.). Somehow through all that, this one single survives through today.

    So I downloaded the mp3 off of the internet, and can now listen to music which I've legally already bought and paid for, but for which the equipment I had is now no longer in service, and the format so dated that the only equipment I can now buy costs a small fortune.

    Napster had many legitamate uses ... and it is a dangerous precedent that something is banned simply because it can be abused and some people choose to do so. Apply the same level of justice to other products and you ban VCRs (which the Copyright Cartels tried to do), kitchen knives, and automobiles, to name just three commonly "abused" devices.

    I should note that all of the music on my hard drive is legal. I own a copy, in one format or another, of every single mp3 I've downloaded, and every single ogg file I've ripped myself.

    So, which is the more extremist position to take? The idea that music and other information should flow freely, as it arguably did for the 3 million years humanity was around prior to the British inventing copyright as a means of censoring the then emergent printing press (with great success, I might add), or the idea that copy control policing technology should be built into every digital device in America, from your computer to a baby's rattle (as proposed by "Disney" Hollings and promoted by the Copyright Cartels) to prevent the possibility that someone, somewhere, might violate someone's government granted, monopoly entitlement?

    I think you need to examine just who you are calling "extremist" and how your defining the word. "I don't think that word means what you think it means."

    --
    The Future of Human Evolution: Autonomy
    1. Re:The Extremists are the Copyright Cartels by scott1853 · · Score: 2

      Napster's purpose was not that of an archival service so you can download old albums that you didn't take care of in the first place.

      Lets use this example. If I go to Borders and buy a book on P2P from O'Reilly and I decide to use it as home plate in a game of baseball, is Borders or O'Reilly responsible for replacing it?

      While technically it would be legal to use a electronic source of the book should you happen to find one (assuming you could prove you owned the original), it wouldn't be the responsibility of the author, publisher or retail store to put the book in an electronic format just in case you're careless.

      Besides, I don't know what your problem is really. My original post was in reference to CD-Recorders and was an asshole response to a sarcastic comment that I was too braindead this morning to identify as sarcastic, to which I had posted a retraction already.

    2. Re:The Extremists are the Copyright Cartels by Anonynnous+Coward · · Score: 2
      Lets use this example. If I go to Borders and buy a book on P2P from O'Reilly and I decide to use it as home plate in a game of baseball, is Borders or O'Reilly responsible for replacing it?

      Ah, but that argument is disingenuous--O'Reilly isn't claiming to be selling you only a license to the book to use as they see fit, they're selling you a physical object with words on it that you can use as home plate if you want (at your peril).

      The record industry, on the other hand, claims that music is like software--that you only own the medium. Yet, they want to have it both ways--claim they've only licensed you a right to use, but yet deny you the right to a backup copy (e.g. MP3, tape for the car, what have you).

      Record companies should be forced to provide downloadable backup copies in the event they (God forbid) ever succeed with DRM.

    3. Re:The Extremists are the Copyright Cartels by scott1853 · · Score: 2

      Ok, new example:

      You go to Wal-Mart and buy a shiny new copy of the latest 3D first person shooter. A year later, it's too scratched for the game to read the CD and therefore the game won't run because it says you don't have the correct CD inserted. Most games I've seen allow you to obtain replacement CDs for the price of shipping (with a little overhead). But they still don't let you easily backup the actual game CD and have it work the same as the original.

      So should the RIAA make it easier to obtain replacements for damaged material? They are selling a usage license for the information on the CD, but they are also selling the media that it comes on. So how is that different that software? That sounds like they're just doing what software companies do, nothing radically different.

    4. Re:The Extremists are the Copyright Cartels by Anonynnous+Coward · · Score: 2
      That sounds like they're just doing what software companies do, nothing radically different.

      Where can I send my Judas Priest 45 that's worn from normal playing for a nominal cost replacement--on period media or current?

      The record companies want it both ways. They want to say you only bought a license, but also want you to pay again when the physical media wears out of is obsoleted.

    5. Re:The Extremists are the Copyright Cartels by aronc · · Score: 1

      Lets use this example. If I go to Borders and buy a book on P2P from O'Reilly and I decide to use it as home plate in a game of baseball, is Borders or O'Reilly responsible for replacing it?

      No, not at all. Nor is anyone asking the record companies to to so. We're asking the record componaies to bugger off and let us take care of that for ourselves. They are trying to make that illegal.

      I would be bitching just as loudly (maybe more so) if the book publishers were trying to make it illegal for me to copy a few important passages out of a book I bought.

      --

      jello.
      aka aron.
    6. Re:The Extremists are the Copyright Cartels by scott1853 · · Score: 2

      Where can I send my old SNES cartridges that have been stepped on so I can get a replacement at a nominal cost? How can I get replacement 3.5" floppies and game authorization card for my copy of the original SimCity that I've lost years ago?

    7. Re:The Extremists are the Copyright Cartels by scott1853 · · Score: 2

      How easy would it be for you to make a backup copy of a book? Are you going to spend more money than you paid for the book to have it xeroxed? Are you going to disassemble it and scan it into your PC?

      Do you not think book publishers would be doing the same stuff the RIAA does if it all of a sudden became possible to easily and cheaply duplicate a book and distribute it over the internet? I know it's done now but the process to create them is not that easy and to a certain extent destroys the original copy if you take apart the book to run it through a sheet feeder.

    8. Re:The Extremists are the Copyright Cartels by Anonymous Coward · · Score: 0
      1. Firmware != software

      2. Do a Google search on abandonware now, and when the game was still being sold, you could have obtained a replacement for a few dollars.

    9. Re:The Extremists are the Copyright Cartels by scott1853 · · Score: 2

      1.) WTF, yes it does.

      2.) Read the whole thread.

    10. Re:The Extremists are the Copyright Cartels by Anonynnous+Coward · · Score: 1

      Oh, and if you have to buy SimCity again, you aren't just buying the same game on different media. You get an entirely new product. (The AC is I--I forgot to log in before replying.)

    11. Re:The Extremists are the Copyright Cartels by scott1853 · · Score: 2

      You're completely missing the point. The point is, software is the same as music as far as copyrights go, the music industry is just trying to catch up with the technical features software has access to.

      If I already bought a license for SimCity and I lose the original media, and I want to still play it 10 years later and the original media doesn't work any more, should I have the right to get replacements for free or at a nominal cost? I wouldn't expect Maxis to do that, why do you expect the music guys to.

      If the reason the original SimCity media doesn't work any more is because I bought a new PC without a 5.25" drive, then is that Maxis' responsibility to provide me with new media? Nope. What they originally sold me was something that worked on what I had at the time, that's all.

      On another note, software has the ability to implement copyright protection in many ways. SimCity used to use a lookup card, now games make sure the original CD is in the drive. Now the RIAA is trying to retrofit old technology to handle DRM. Of course it's going to get flack because people are used to the old way. Nobody protests the software industry for putting copy protection on their stuff.

    12. Re:The Extremists are the Copyright Cartels by Anonynnous+Coward · · Score: 1
      1.) WTF, yes it does.

      Yes, they're both programs, but they're legally different. Copyright terms are different for "mask works" like ROMs and EPROMs. There's no right to a backup of a mask work. However, mask work copyrights expire in 10 years, rather than 95 years + eternity as copyright holders can afford legislation, which is why you don't hear much about them anymore.

    13. Re:The Extremists are the Copyright Cartels by Anonynnous+Coward · · Score: 1
      I'll give you all that and go for this one:

      Nobody protests the software industry for putting copy protection on their stuff.

      That just plain is not true. Copy protection almost completely died, the last holdouts being Lotus and Ashton Tate, except for vertical market stuff. Now that it's coming back, the market is tolerating it for now, but the backlash that forced the elimination of copy protection from PC software will come back to haunt those using it.

      Copy protection keeps the dishonest users working around it and the honest users pissed off.

      Oh, yes, BTW, I believe that if media are copy protected, then the manufacturer should be required to provide downloadable copies to those who can prove they're licensed in perpetuity. Do I think that will actually happen? No. But if they can legally take away the means to make a legal backup, then they are certainly morally obligated to.

      Unfortunately, they can afford more congressmen than I can.

    14. Re:The Extremists are the Copyright Cartels by scott1853 · · Score: 2

      Ok. Well yes, if you're talking about moral obligation, then I agree. I also wish my car ran on oxygen, money didn't exist at all, and everybody in the world worked for the common good of man.

      Well, that's not going to happen either. All we can do is work within the system that we've created for ourselves.

      But personally, I don't think I'd ever want to start my own software company if I was required to provide an infinite warranty against carelessness.

    15. Re:The Extremists are the Copyright Cartels by Anonymous Coward · · Score: 0
      But personally, I don't think I'd ever want to start my own software company if I was required to provide an infinite warranty against carelessness.

      Why? Is bandwidth that expensive?

    16. Re:The Extremists are the Copyright Cartels by aronc · · Score: 1

      Do you not think book publishers would be doing the same stuff the RIAA does if it all of a sudden became possible to easily and cheaply duplicate a book and distribute it over the internet? I know it's done now but the process to create them is not that easy and to a certain extent destroys the original copy if you take apart the book to run it through a sheet feeder.

      Yes, in act I think they will. And I'll be raising hell about them doing it. Your point almost proves mine. The ease with which I can backup data I have purchased should have no barring on my legal right to do so. It's ok to copy so long as it hard to do it, but if it's trivial suddenly it's horrible and evil and needs to be eliminated at the hardware level? Huh?

      Doublethink.

      --

      jello.
      aka aron.
    17. Re:The Extremists are the Copyright Cartels by JebusIsLord · · Score: 1

      Back in the day I had a Sierra game disk crap out on me (Space Quest II disk 2 if i recall correctly). Since I had no hard drive or secondary floppy, I had no backup, but Sierra sent me one for $2 shipping.

      --
      Jeremy
    18. Re:The Extremists are the Copyright Cartels by Anonymous Coward · · Score: 0

      I picked up a still shrinkwrapped boxed copy of the original SimCity at a thrift store a few years ago for eighty cents.

      That black ink on brown paper authorization card CAN be scanned and turned into Black on white by tweaking around with your scanner's settings.

  49. Life Free or Die: Napster should've quit long ago by Silas · · Score: 2

    About a year ago I wrote an article about why Napster should have called it quits then, instead of coming to an end this way. I'd like to take this opportunity to say "I told you so." But there's a little more substance and principle to it than that, if you check out the article.

  50. It comes down to "What can they do?" by magnwa · · Score: 1

    What can Napster do? What DID Napster do? I mean, really, come on. What kind of property did Napster have that they could create a demand for? Music. Okay, now, what could they have done to make money off of other people's music? Obviously, the only thing would be to charge a subscription per month or per downloaded song or something similar. If they did that, then other filesharers would come along that were free. Napster would lose market share. The point is, Napster was dead from the start , just like most the other dotbombs, because Napster did not have a viable way to make money. It doesn't matter what the DMCA did. It doesn't! Even without the DMCA , Napster wouldn't have made it long before they died a bloody and painful death. That's the way it is.

    Mags

  51. Sympathy for Shawn ... by JonKatzIsAnIdiot · · Score: 1

    Shawn Fanning is the one who lost the most on this one. His pet project started as an interesting software hack and went to having millions of users worldwide. It was then destroyed by clueless people who have access to a near-unlimited supply of money who blamed him for users that abused his service. Good luck to him, and it will be interesting to see what he comes up with next.

  52. wait a second!!! by /dev/trash · · Score: 1

    You mean I won't be able to spend 30 dollars a month to share my files and get files from people? But they promised!

  53. I can't wait for the follow-up article... by msouth · · Score: 2

    Something like "Napster's recent apparent teetering was, in fact, confirmed by respected industry experts as an actual corporate teeter. 'This was a genuine teeter, make no mistake about that' said Flughart Frockwiffle. 'This, in combination with other recent news, may well put them on track to acheive full-scale beleaguered status'. Meanwhile, both remaining executives are disputing the analysis. 'This is far short of a teeter by any modern calculation. The teeter standards [used here] are more than 20 years old. That's before the Internet even existed.".

    --
    Liberty uber alles.
  54. Napster reminds me at by ehiris · · Score: 2

    my old Pentium 90 that sits in the closet and from which I pulled the CPU out to make it a key chain.

    It is quite amazing to see that even the view of daily activities, like listening to music, improve following Moore's law.

  55. teetering? by mosch · · Score: 4, Funny
    Napster Execs Resign, Company Appears to Teeter
    If by 'appears to teeter' you mean 'fell into a bottomless abyss in 1999 and is still screaming, praying for the end', then i agree, it's teetering.
  56. You CAN buy a turntable by GreyPoopon · · Score: 1

    I'm not disagreeing with you, but I thought this might be helpful for you, just in case you have other old albums lying around. It's not worth what they're asking ($130 -- about $75 too much), but it's far short of a small fortune. Not that I would advise buying anything from "Worst Buy" these days....

    --

    GreyPoopon
    --
    Why is it I can write insightful comments but can't come up with a clever signature?

  57. Please stop it with the senryu already by Anonymous Coward · · Score: 0

    [Bad 5/7/5 syllable free verse snipped]

    No season word, no cutting word, therefore no haiku. Lame. (Read More...)

    -- Pinocchio
  58. Damned if you do, damned if you don't... by Mulletproof · · Score: 1

    Of course, when your company is facing lawsuits from every angle as stated here in the Financial Times, you might have a bit more incentive to simply bow out. Especially if the only deal that could save Napster would turn it to crap in the process. I gotta respect anybody who turns down a $20 million dollars on the grounds of principle. Yeah, it hurts, but it sounds like Napster was going to be turned into another proprietary piece of shit service anyway. At least they didn't sell out.

    I do like a few quotes from this artical... "The failure of Napster would represent the triumph of Hollywood over Silicon Valley..." Heh... While they're waving their victory flags, the world has gone and passed them by. Also note the quotes by Terry Semel (CEO of Yahoo) and Andy Grove (Chairman of Intel), in the last two paragraph.

    --
    You need a FREE iPod Nano
  59. The end... by dmarx · · Score: 1

    has already come. This is just confirming it.

    --
    "Do I dare disturb the universe?"
  60. Death before dishonor by Mulletproof · · Score: 1

    My guess is that they were the Pioneers... The man on point. They had this really successful, kick ass idea and probably thought they were on solid enough legal grounds to do it. Heck, a lot of sites still think that disclaimer saying "you must erase this within 24 hrs, etc, etc, etc." is enough to keep the legal dogs of war at bay. What they actally thought is a mystery, but when unforseen problems like this do pop-up, the pioneers always take it on the chin.

    You're right. A strait "File" sharing service should have gotten away with it, but Napster probably would have suffered the same fate eventially simply because an example needed to be made of them. The labels would have ran Nabster into the ground simply by tying it up in legal fees, let alone prosecution. What it did do was tame the wild frontier (cue sad french horns) ...at the cost of it's life...

    --
    You need a FREE iPod Nano
  61. Do those early days really count? by swb · · Score: 2

    Sure the internet came into being 30 years ago, but do the years from 1972-1990 even mean anything? A bunch of universities and defense contractors on 56k links, with a lot of nodes UUCP only?

    The same is true of the "early days of TV" -- sure, it was *invented* and very narrowly used in the 30s and 40s, but for most people the early days of TV means the early-mid 50s when people generally starting buying and watching TV regularly.

    The same is true of the internet -- I worked at a major University and we didn't get general internet access (IP connectivity of our computers) until probably '90. Dialup wasn't an option until '91 or '92, and generic consumer access not an option until 93-94, and even then it was limited and expensive.

    The "modern" internet as a mass phenomenon (cheap home dialup, most server sites accessed via high speed dedicated connectivity) didn't really start until '94-95 and wasn't even a popular force until a couple of years later.

    Counting 72-90 as "the early years" is legitimate only if you're talking about the six geeks who did something with it then.

  62. Lest we forget by Rogerborg · · Score: 5, Insightful

    Bertelsmann poured in excess of $85 million into Napster (that they've declared), and they're getting none of it back, because the fucked up control freak DRM-infected new-Napster technology that it paid for is utterly without a market. That money is gone, burned, buried.

    Now... where are they going to recoup that $85 million from? Pay cuts for their executives? Hmmm, I think not.

    That $85 million is coming from two places. From their artists, and from us.

    You have a think about that the next time the RIAA tells you that you're stealing from artists, and that you'll suffer in the long run. Bertelsmann paid $85 million to come up with a worse system than one 19 year old college dropout knocked up in his spare time. And we're going to pay for it. No doubt they will spin that so that their incompetence becomes our fault for using Napster in the first place.

    --
    If you were blocking sigs, you wouldn't have to read this.
  63. Perhaps in your oversimplified view of the world. by Anonymous Coward · · Score: 0

    In your simple world, it's easy to throw around ideas like that. When people's livelihoods depend on your business, when you must perform for the investors who funded you.. you can't just 'call it quits'.

  64. MOD THIS UP by Anonymous Coward · · Score: 0

    MOD THIS UP, this is so true that it hurts.

  65. It was a reasonable investment by Cryogenes · · Score: 2
    Bertelsmann never believed they could recoup the money. Those millions (really 85 millions? What the hell happened to all that money?) subverted napster, turning it from a beacon of freedom into a corrupt outpost of the MPAA. Had Napster stayed free and loyal to its users there would have been a grave danger of a million fans marching on Washington. Inducing Napster to commit suicide was a good business move.

    Do you believe in death after life?

  66. Re:How to make black markets WHITE by symbolic · · Score: 2

    Simple...STOP BUYING, STOP STEALING. Let your favorite artists know that you don't appreciate THEIR support of the very mechanism that is serving to systematically dismantle the rights of consumers. Let them know that you believe in this strongly enough to sacrifice any further enjoyment of their work, until they begin looking at alternate methods of distribution. If the people who endlessly complain about the RIAA (and steal as a means of getting even) aren't willing to walk the walk, they really don't have anything to complain about. The festering sore that is the RIAA, and other parties attempting to impose undue restrictions on the use of copyrighted material, will only get worse.

  67. Said it before, I'll say it again by jpellino · · Score: 1

    No way this comapny was going to see the light of day under BMG (or any tradition-bound record co's) stewardship: from the Dataplay story a while back, I repeat:

    "The RIAA should kiss Shawn's nappy little ass for providing the only true breakthru in music marketing since the music video. But as usual, the industry has figured out how to tie the whole relaunch up in knots because even BMG really doesn't like the whole thing but they smell money. I doubt it was a sanctified "we should be honestly representing our artist's interest" but rather a pant-wetting "holy crap - see these DL logs? can you imagine a dollar sign in front of each of these?" I mean please - it's taken them a year to not get ready, and from the get go they won't be able to write a MacOS client (no mention of any other platforms) and they can't for the life of them figure out how to take credit AND debit cards at the same time. There are one-man roasted cashew operations in East Rainbucket, Maine who can do this.
    I gotta go.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  68. 70 employees?! by sulli · · Score: 1

    What in heaven's name were/are they doing?!?!

    --

    sulli
    RTFJ.
    1. Re:70 employees?! by Anonymous Coward · · Score: 0

      Most likely bong hits.

  69. Spin Masters by porkface · · Score: 1, Interesting

    Napster wasn't an "upstart MP3 indexing service," it was a "revolution in piracy" that bubbled up to the mainstream. The American Revolution was illegal in it's time, but it did some good. However, in our "civilized" society, Shawn Fanning shouldn't have given Napster out to more than his close friends. He should be held accountable for his role. Consumers should learn to hold the labels accountable for anti-competitive practices in a more legal way than simple looting. Before Napster, we had reasonable fair-use laws. Now we have the DMCA et al. Akamai didn't setup a massive pirate FTP network to get where they did. Good riddance Napster!

  70. Napster 100% down by m0i · · Score: 1

    Their netblock is no longer announced; have they been blackholed by their upstream provider? If they are not back quickly, we'll have the proof that they're gone for good.. Everything has to end at some point! Now my original Napster shirts are collectors ;)

    --
    have you been defaced today?
  71. Napster gave us Freedom by n4zgl · · Score: 0

    ..okay, not everyone will agree with me here I know. But Napster came along and said 'hey you! the internet is so cool, whats your favourite band? let me get you some rare live concert recordings, from someone else who thinks that band is great to!' Lars Ulrich, the *cough* artist *cough* that decided somehow he was losing money thru napster should be happy now. Of course, he is thinking fuck all those small time bands that could have got big because of napster.

  72. Brief History of Napster by choka · · Score: 2, Informative

    On Wired news there's a very brief history of Napster, from the cradle to the grave. Interesting read.

  73. Hidden Directories My Ass by Anonymous Coward · · Score: 0

    Hidden Directories my ass. We used to go to a websearch (electronicshopper.com), find music, hammer the ftp site to get in, then download whatever was there.

    The nice thing about this was, once logged in, they usually had songs I liked besides the one I searched for. They were then in for 8 hours of leeching.

    Napster sucks et al now force me to search for each piece individually.

  74. paying for music ? by Anonymous Coward · · Score: 0

    I don't know why anyone in their right minds would think that anyone (in mass) would consider purchasing music from the internet, let alone from napster, a once free service. I'm sure a great deal of the music listening/ music downloading market does even own a credit card. Most of them are probably still in school like the rest of the little warez kiddies out there. Keep the internet free, and stop wasting your money in your quick little make money fast internet companies.

    later