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Napster files for Chapter 11 bankruptcy

Joey Patterson writes "CNN Money reports that Napster has filed for Chapter 11 bankruptcy." Thank god the industry shut them down... now that piracy has been stopped they can all sleep much better.

144 of 438 comments (clear)

  1. The funniest part... by Jucius+Maximus · · Score: 4, Funny

    ...is that Hilary Rosen probably thinks she's won.

    1. Re:The funniest part... by Fenris+Ulf · · Score: 2, Funny

      You mean he.

    2. Re:The funniest part... by kz45 · · Score: 2, Insightful

      i can produce an album just fine. record guitars, drums and vocals with cool edit, mix them with cool edit. burn with nero. f**k the record labels

      too bad you won't make any money. Recording labels or not, the music pirates of the world will always have an excuse.

  2. let's not forget by boyko · · Score: 3, Interesting

    Napster is gone, legally they're caught, but lets face it, P2P is quickly becoming a killer app, and Napster made that possible. Brian.

  3. soooo.... by matth · · Score: 4, Insightful

    If I understand this correctly.. Napster is gone... which leaves now... wait.. no it doesn't get rid of sharing software.. instead we now have access to tons of FREE (napster was to be pay) sharing software for MUCH more then napster ever dreamed of when they came out..
    Want paintshop? Ok.. let me fire up KaZaa!
    Want videos? Ok.. let me fire up KaZaa!
    Want sheep? er.. that's not my department but you can probably find that on KaZaa too.

    1. Re:soooo.... by Xaoswolf · · Score: 5, Funny
      Really??

      I thought KaZaa just gave you viruses(virii??) and adware?

      Had I known you could get sheep...

    2. Re:soooo.... by 72beetle · · Score: 4, Informative

      That's why Kazaa LITE is the bIZZomb - no adware. As for virii, just like anything else, a little common sense will steer you clear of the hazards.

      -72

      --
      -Those who dance are considered insane by those who can't hear the music.
    3. Re:soooo.... by PhxBlue · · Score: 2

      Baaaaa, humbug.

      --
      !#@%*)anks for hanging up the phone, dear.
    4. Re:soooo.... by compwizrd · · Score: 2

      Agreed, I had a popup come up when I was using Kazaa Lite.. May not be as many popups/spyware as the regular client, but its still there.

    5. Re:soooo.... by compwizrd · · Score: 2

      Tried eDonkey, had problems iwth it taking up _every_ socket available. I couldn't open anything new(like loading up slashdot, etc). Soon as I closed eDonkey, things went back to normal.

      Don't know if it's a Win98 issue or what

      Even increasing the maximum sockets allowed, didn't help

  4. who's next? by anoopa · · Score: 2, Informative

    "RIAA Sues Audiogalaxy"

    The music/movie industry seems to be going after napster and co one after the other, with the money and clout they weld who can and will stand upto them? We can look forward to corporate networks serving you movies/music for monthly charges continuing their shrink wrap monopolies.

  5. A Business Failure; Not a Technological One by Onionesque · · Score: 2, Interesting

    Not every good hacker is a good business person.

    Not every great idea can be best exploited by its progenitor.

    Napster was, at worst, a means for the long-standing fact of exploitation of artists by record labels to become common knowledge. Even teeny-boppers are familiar with the concepts of mechanical royalties, publishing contracts, and "recoupment".

    Napster is dead; long live Napster.

    1. Re:A Business Failure; Not a Technological One by gabec · · Score: 5, Insightful
      I just wanted to note that this is not the death of Napster, it's simply that it's the planned way for Napster to shirk its debts before they're officially bought up by Bertelsmann... or that's what I got out of this ZDNet article.

      " Bertelsmann stepped in on May 17 with $8 million to buy Napster's assets. As part of that agreement, Napster was to voluntarily seek bankruptcy protection and emerge as a wholly owned unit of Europe's second-largest media group. "

    2. Re:A Business Failure; Not a Technological One by Zeinfeld · · Score: 3, Insightful
      Napster was, at worst, a means for the long-standing fact of exploitation of artists by record labels to become common knowledge. Even teeny-boppers are familiar with the concepts of mechanical royalties, publishing contracts, and "recoupment".

      Napster had good effects as performance art, however I always thought that the idea that Napster would make money out of the scheme was kinda wierd.

      Napster became popular by offering people something for nothing. While a lot of the criticism of the record industry is valid the justification of Napster rapidly became an exercise in rationalisation 'the record industry rips off artists, so I am morally justified in ripping them off as well'.

      The recording industry did not help in their response which completely failed to understand that the principle mechanisms that cause laws to be respected are psychological and not technical.

      However the business plans that Napster dreamt up to 'monetize' the user base they built up were pretty slimy, and it is no suprise that their replacements all specialize in propagating scumware that will report your every move to advertisers (and with the recent Ashcroft changes J. Edgar Mueller's FBI), bring up pop up ads at every turn and redirect your DNS to an Idealab! startup so that if and when new.net goes the way of Pets.com your machine will stop working and you won't know how to fix it.

      Napster as a political statement worked, but as a business it was never going to survive. Even if it had won the copyright case the inevitable outcome would have been a change in copyright law to outlaw their business - which inevitably would contain even more clauses to push copyright law in the direction of Disney and Time Warner against the public interest.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    3. Re:A Business Failure; Not a Technological One by Zeinfeld · · Score: 2
      Napster's business model was very simple.
      1) Get millions of users through providing an illegal service.
      2) Force the RIAA to turn over a cut of all online music distribution sales.
      3) Use P2P to sell (now legal) content provided by other users with very low overhead.

      The Napster service effectively made it impossible to sell music online because Napster was making it available for free.

      Using peer to peer to sell content is a quite bizare notion. If I want to buy a music track I don't want to have to wait for someone with the right track to log in so I can download it. Bandwidth just isn't that expensive. If local caching is necessary that can be provided in Akamai type fashion.

      Now the that the 'respectable' attempts at P2P like Napster are gone, all the RIAA has to do is sit back and wait for secure online networks and hardware to be developed, and they get to keep all the marbles.

      What marbles? Looks to me like the RIAA is watching its business model evaporate. CD sales were already slowing before Napster went online. Classical sales had already stagnated after people had completed transition from vinyl to CD. There were signs that this was happening in the pop area although the effect was somewhat masked by an expansion of the mid 30s to 40s market as the pop market ceased to be a purely youth phenomena.

      The recording industry has failed to work out a strategy to sell content in a format that can be consumed by the next generation distribution format - bits not atoms. Anyone who has a hard disk based MP3 player knows that it is a vastly superior format to CD, within a few years it will be the dominant format, yet the recording industry has no idea how to market to that format, except to sell me a CD and have me rip it (which they are doing their damndest to stop).

      What is really stupid is that none of the schemes proposed for DRM address the real issue - raising revenue. The RIAA is like Louis Freeh who spent his time at the FBI chasing laws to make use of encryption illegal rather than working out strategies to combat terrorism, in the RIAA's case they are spending their energy making piracy illegal but have no interest in establishing mechanisms so consumers can actually buy their product.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
  6. It's just a vehicle for theft by Gorbie · · Score: 2, Insightful

    (jumps up on soapbox)

    Folks, I am sorry, but Npaster was truly only a place where people stole copyrighted material. The arguements that it helped/hurt the industry do not matter. The arguements that they weren't hurting anyone do not matter.

    Right now sharing music in the way that we want to share software is illegal. There is no musical GPL. Even if there were, the artists who's music we want would not be released under it. Napster could have been a great place for budding artists to get some coverage. Instead it was used to get the Staind tracks onto CD without ever making it to Sam Goody.

    One of the things that would help this community tremendously is to respect the laws and try to get done what needs to be done within the framework of them. Crying out as a group because some poor little business that was struggling along broke a law and that aided in their demise is worthless.

    1. Re:It's just a vehicle for theft by cyborch · · Score: 2, Insightful

      Maybe, just maybe, people steal music because it is too expensive in their eyes. I believe (I have no facts to base this on) that many man-hours are spent calculating the right price for music (and other copyrighted material that can be pirated in this fasion) in order to make sure enough people buy the music and few enough people pirate it.

      People ignore the speed limits if they are set "unreasonably" low, and people ignore the copyright law if the copyrighted material is sold at too high a price. This is the way it is going to continue to be. P2P apps are just the latest way for people to break the laws the do not feel are just.

    2. Re:It's just a vehicle for theft by WebWiz · · Score: 5, Insightful

      I'm a songwriter, and I considered Napster to be a really great vehicle to get my music to others that would normally not get the opportunity hear it. I own my music, and I wanted to give it away free. That is my right. Are you telling me that this argument doesn't matter? Also, Napster didn't break "a law". There were no laws governing P2P file sharing technology. The people using Napster and downloading copyrighted material that they DIDN'T ALREADY OWN were the ones breaking the laws. Not the company itself....if I use my Jeep Wrangler as a getaway car in a robbery maybe we should sue Jeep for "Breaking Laws" and giving me the opportunity to commit a crime. Those Vehicle Making Bastards.

    3. Re:It's just a vehicle for theft by Xaoswolf · · Score: 2, Insightful
      Maybe, just maybe, people steal music because it is too expensive in their eyes.

      I really want a Humvee, but I probably couldn't even afford the tires for one. Does that mean it's ok if I just rip one off at the lot?

      Just because it's easy to break a law, does that mean that you should??

    4. Re:It's just a vehicle for theft by Rude+Turnip · · Score: 4, Insightful

      Everything Jesus did was illegal.

      The Boston Tea Party was illegal and involved stealing.

      The American Revolution was illegal and would be considered stealing from the king.

      Freeing slaves through the Underground Railroad in the 1800s was also considered stealing and illegal.

      See a pattern here? In the grand scheme of things, history has been determined by those who followed their hearts and did what they felt was right, rather than following the orders of another man.

    5. Re:It's just a vehicle for theft by oever · · Score: 2, Interesting

      If CD's are too expensive, then don't buy em. Instead, buy the music you find acceptably priced. Or listen to the radio where they play music for free.

      --
      DNA is the ultimate spaghetti code.
    6. Re:It's just a vehicle for theft by Gorbie · · Score: 2

      If you are an artist and want to give away your music, please do so. I never said you couldn't. I am speaking of what the majority use of napster was. If you think it was something other than theft of copyrighted material, you are quite kidding yourself.

      Napster providing the avenue for the theft is an accessory to copyright violation. That is a crime. The getaway car analogy is childish.

    7. Re:It's just a vehicle for theft by dpilot · · Score: 2

      I can afford the music at $15 or $20 a pop.

      But I refuse to. Nor do I "steal" through Napster or the like.

      The fruits of the type of work I do go into things like cell phones, where decorative plastic covers sell for more than the electronics. Years back I saw the defective DRAM chips I'd designed selling for more as jewelry than good chips did as memory.

      Yet the music industry takes a product that costs $0.10 to make, pays the artist peanuts for royalties, and then sells it for $15 a pop.A significant portion of that profit goes toward promoting "stars" of marginal talent, and trying to shape public taste.

      I used to enjoy music, but the sickness of the industry has largely turned me off to it. (Granted it was helped by the "quest for silence" of early parenthood, and the general busy-ness of later parenthood.)

      I'm protesting by taking my dollars elsewhere. That's my right.

      --
      The living have better things to do than to continue hating the dead.
    8. Re:It's just a vehicle for theft by lactose99 · · Score: 3, Interesting

      I really want a Humvee, but I probably couldn't even afford the tires for one. Does that mean it's ok if I just rip one off at the lot?

      This is comparing apples to oranges. When you steal a Humvee, someone will be missing that Humvee. When you share a copyrighted song, no one is missing the song. The record label MAY be missing revenue based on that song, provided that you were going to buy it in the first place. I'm not saying that trading copyrighted MP3s is right (the RIAA certainly doesn't think so), but if you are going to make a "you steal from me" comparison, you need to be using the correct context.

      Oh, and to the original starter of this thread, there is a license for the "GPLing of music": the Open Audio License.

      --
      Fully licensed blockchain psychiatrist
    9. Re:It's just a vehicle for theft by ryanvm · · Score: 2, Funny

      if I use my Jeep Wrangler as a getaway car in a robbery maybe we should sue Jeep for "Breaking Laws" and giving me the opportunity to commit a crime.

      FYI - Wranglers make shitty getaway vehicles.

    10. Re:It's just a vehicle for theft by Ami+Ganguli · · Score: 2
      Napster providing the avenue for the theft is an accessory to copyright violation. That is a crime.

      No it's not. And you can't dismiss the getaway car anology without some justification.

      A better analogy might be firearms. Handguns have legitimate uses, but the primary use is killing people. Now when somebody gets shot with a handgun nobody talks about charging the manufacturer with murder. They do talk about banning handguns.

      Whatever your position on gun-control, that's at least a more reasonably response. If society decides that Napster-like services are bad then it's reasonable to outlaw them. It's not reasonable to hold Napster responsible for all the crimes committed using the technology.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    11. Re:It's just a vehicle for theft by Erasmus+Darwin · · Score: 4, Insightful
      "I own my music, and I wanted to give it away free. That is my right. Are you telling me that this argument doesn't matter? Also, Napster didn't break "a law"."

      You're allowed to give your music away. However, the reason Napster was so popular was because of the illegal mp3 trading. There were and are venues (such as mp3.com) that try and keep things constrained to legal mp3s. Furthermore, the filtering imposed on Napster (which is a big part of what killed it) should've theoretically had a minimal impact on legitimate trading (but unfortunately, the filtering was overly broad). So in reality, the only reason why Napster was a good venue for legitimate trading was because it was using illegitimate trading as a form of marketing/bundling.

      Also, it's my understanding that Napster did get nailed for breaking laws relating to contributory and/or vicarious copyright infringement. These issues were hashed out on Slashdot awhile back. It basically boiled down to Napster being aware of the copyright infringement going on and unwilling take means to stop it when confronted on the issue.

    12. Re:It's just a vehicle for theft by TWR · · Score: 4, Insightful
      And the difference between all of these things and Napster?

      Profit.

      Napster's business model was based on stealing. Let me repeat that one more time, just in case you didn't get the point. Napster's business model was based on stealing.

      While it's likely that some of the people on the Underground Railroad were in it for the money, helping slaves isn't usually a prime source of income. You'd think turning water into wine would be a money-maker, but Jesus wasn't trying to undercut Manishewitz. And the Boston Tea Party/American Revolution? Becoming independent nearly bankrupted the colonies/states (and many of the Founding Fathers did indeed die broke). Ever heard that popular expression from the 1790's "not worth a Continental?"

      Napster deserved to go under. It's a shame that BMG has rescued them. Personally, I think it shows that BMG is either pretty stupid (as there is nothing in Napster's technology that couldn't be replicated in a matter of weeks by a competent programmer) or that they have a LOT of money to throw around.

      -jon

      --

      Remember Amalek.

    13. Re:It's just a vehicle for theft by Erasmus+Darwin · · Score: 2, Insightful
      "A better analogy might be firearms."

      That analogy falls a little flat in that the gun manufacturer is not party to the event every time a gun is fired. Napster both wrote the software and continued to run the servers.

    14. Re:It's just a vehicle for theft by KelsoLundeen · · Score: 3, Insightful

      Well, the problem with this line of reasoning -- comparing something like Napster to so-called "great" political achievements -- is that I'm not certain Napster is pushing any philosophical, civil, or ethical envelopes. Legal, maybe -- but that's about it.

      It's about information sharing, yes. And I'll agree that information sharing is important. But in the grand scheme of things, I'm pretty certain information sharing is not in the same league as civil rights or human freedom. In fact, I *know* it's not the same league -- much as some folks wish it to were so.

      We're still too close to the Napster "revolution" (so-called) to know what exactly happened, but my guess is not much. Not much happened.

      On a more personal note, I'm repulsed by the notion that "Napster" is in the same league as slavery. It's not. Nor is it anything like a legitimate "freedom" struggle. Information is not the same thing as a human being, and the only real "struggle" at work with this P2P stuff is a struggle for control.

      There's nothing particularly interesting, provocative, or important in a struggle that pits big corporate greed against so-called "innocent" youth. The demise of Napster is not even a "triumph of capitalism." Nor is it a "triumph of global corporate control."

      It's really a triumph of nothing. And in light of human rights abuses across the globe -- including abuses here in America -- I'm not sure we can really derive any "lesson" from the demise of Napster except that, well, there's other, more important battles to fight.

      P2P is not a revolution -- not in the sense, at least, that Napster-advocates would like it to be.

      The only "triumph" at work with Napster is the "triumph" of the corporate lawyers. And unless you're one of them, pulling a paycheck from all of this, it's not much of a triumph at all.

    15. Re:It's just a vehicle for theft by Rupert · · Score: 2

      You're right. A better analogy would be:

      The markup on Humvees is outrageous. They should sell them at cost, or better yet, give them away. That means it's OK for me to drive one off the lot so long as I leave a cheque for the cost of replacing it.

      --

      --
      E_NOSIG
    16. Re:It's just a vehicle for theft by Gorbie · · Score: 2

      hand gun bans mean one thing...

      the only people left with handguns will be the criminals and the law enforcement agencies....and law enforcement would be greatly outnumbered.

      Napster facilitated copyright violation on their own network daily. They knew about it and did nothing. The software was specifically designed for sharing MP3s. It was then used to share MP3s.
      Illegally.

      It's really the same arguement as whether or not a hosting service is responsible for, say, hosting a kiddie porn site. Should companies be held responsible for the content that they are serving? They ARE making money off of the service, and thereby profiting from an illegal act.

    17. Re:It's just a vehicle for theft by Erasmus+Darwin · · Score: 2
      "Say they made it completely P2P, where the users ran their own hubs. Would you look at it in the same light then?"

      I'm not sure if I'd consider them to be completely in the clear (especially given that there are legal implications for someone who designs a product primarily for copyright violation), but it'd definitely be a different case. Keep in mind that the interaction between Napster, the RIAA, and the courts generally related to killing user accounts and performing server-side filtering. The existence of the servers were a big part of the on-going problem.

      As things get more and more P2P, the situation gets murkier and murkier. Fortunately, there seems to be a fixed trade-off between centralized servers and easy accessibility. While I'm still not exactly happy with the piracy that a DIY P2P solution like Direct Connect provides, it at least helps prevent the case of a single, massive piracy clearing house instead forcing people into smaller communities that're harder to stop but also which have less content.

    18. Re:It's just a vehicle for theft by malfunct · · Score: 2, Insightful
      I wouldn't have a problem if #1 there was more than 1 or 2 tracks on an album worth listening to, #2 I didn't know that the cost to make an distribute a cd is more like $2 than $20, and that the artist got a resonable chunk of the proceeds (unless the artist is amazing or owns the record company its amazing if they get a per record royalty at all).

      That coupled with the fact that I know if albums were $5 on the shelf I'd buy 2 or 3 a week because it would be junk money in my pocket where at $15 I have to pull out a check and that makes me think twice.

      That said I think stealing music is wrong and thats why I support sites where artists can use alternative distribution methods. MP3.com is not the best example of this but you can sort of see what I mean.

      --

      "You can now flame me, I am full of love,"

    19. Re:It's just a vehicle for theft by xinit · · Score: 4, Insightful

      Yes, but if you drink at a bar, drive, and kill 20 schoolkids, why is the bartender sued?

      --
      --- http://foo.ca
    20. Re:It's just a vehicle for theft by jandrese · · Score: 2

      I guess I'm going to have to be the wiseass who points out that Napster never got anywhere near making a profit.

      --

      I read the internet for the articles.
    21. Re:It's just a vehicle for theft by jonnythan · · Score: 2

      Everything Jack the Ripper did was illegal. Same goes for Bin Laden.

      Does that make them right?

      Uhhh....

    22. Re:It's just a vehicle for theft by Erasmus+Darwin · · Score: 4, Insightful
      "Everything Jesus did was illegal.
      The Boston Tea Party was illegal and involved stealing.
      "

      Sure, and everything that Albert Fish, Ed Gein, and Paul Bernardo did was illegal, too. That doesn't mean it was right.

      In this case of copyright law, there's this great notion that if you don't agree, you can just refuse to play the game. Just as Richard M. Stallman takes a strong position against commercial software without resorting to piracy, you can elect to only download music from artists who make it freely available. Even better is the fact that you don't have to worry about the interoperability concerns that plague the software realm of this issue -- there's no real equivalent to someone emailing you an MSWord document.

    23. Re:It's just a vehicle for theft by TWR · · Score: 2
      Just because it was a crappy, underpants gnome-esque business model doesn't invalidate my point.

      Napster didn't exist for the Great Unwashed to get music cheap or to free Courtney Love from Universal. It was planning on morphing into a for-pay service using the same stupid business model as every other dot-com: get eyeballs, then charge a price when it seems that people can't live without it. The difference between Napster and, say, Pets.com was that Napster was quite rightfully sued out of existence before they ran out of money.

      -jon

      --

      Remember Amalek.

    24. Re:It's just a vehicle for theft by sheldon · · Score: 2

      Nobody is claiming that you don't have a right to distribute your own music however you see fit.

      The problem is that you don't own the rights to Metallica's music, and as such don't have the right to decide how they should distribute their music. Now as a consumer you can choose whether or not to give Metallica any money. That is, you can buy the stuff in the manner they choose to distribute it, or you can walk away. That's it, those are your choices.

      Jeep never made the Wrangler with the purpose of being a good getaway car, nor has it ever advertised it's use in this capacity. Your argument in this instance is irrational when compared to the Napster situation.

    25. Re:It's just a vehicle for theft by sheldon · · Score: 2

      Agreed. Napster clearly intended to make money off the work of others. That was the basis of their entire business model.

      I don't understand how people can possibly defend the company's actions. It's like claiming the protection racket of the Mob is an innovative form of insurance.

    26. Re:It's just a vehicle for theft by anthony_dipierro · · Score: 2

      Actually the Boston Tea Party was as much about profit as Napster, and so far the backlash by the controlling parties have been similar as well. Only history will tell if Napster will be one of the battles in the war to free ourselves from copyright. If copyright law is overturned, Napster will be hailed as a heroic effort. If it is not, it will be nothing more than a footnote in history.

    27. Re:It's just a vehicle for theft by jayhawk88 · · Score: 2

      See a pattern here?

      Yeah, I see you trying to justify your actions in your own mind by recalling past examples that really don't have a thing to do with the Napster situation. Oh I know, you're "fighting the good fight" against greedy corporations looking to take away your rights. Let's see if I can clarify it further for you:

      Jesus - Religious Freedom, Equality of Man
      Boston Tea Party - Taxation without Representation
      American Revolution - Same thing, freedom from tyranny
      Freeing Slaves - Equality of Man
      Napster - You getting music (a luxury item) for free.

      "One of these things ain't quite like the other, one of these things just doesn't belong." But whatever helps you sleep at night I guess.

    28. Re:It's just a vehicle for theft by binaryDigit · · Score: 2

      No, then it would a completely different matter altogther. Then you would be looking at something much closer to gun manufacturers and Napster wouldn't be in anywhere near as much hot water as they are now.

      Napsters big problem was that they knowingly hosted information and provided infrastructure that facilitated the illegal transfer of copyrighted material. The key word here is knowingly. They let this activity go on for a long time before the lawsuits came and forced them to try to do something about it. Note that the results of the suits were to get Napster to block this transfer, not to shut the service down. It was this inability to block the transfers (not to mention the shakey business model they were trying to move to anyway), that has led to their current situation.

    29. Re:It's just a vehicle for theft by isorox · · Score: 2

      Richard M. Stallman takes a strong position against commercial software without resorting to piracy,

      Thats right, he doesnt have a ship for starters.

      Oh you mean unarthorised copying? Hardly the same boat (no pun intended) as piracy (which I believe is still a hangable offence in the UK, along with high treason).

      Good job the lawmakers make the distinction - imagine: someone emails you an mp3 and you get a harsher punishment then harold shipman (killed hundereds of patients over the course of a few years as a doctor)

    30. Re:It's just a vehicle for theft by anthony_dipierro · · Score: 2

      So, give a source for your opinion. Or get off the soapbox.

      Attacking someone who disagrees with you probably isn't the best way to have a reasonable discussion with him.

      In any case, from the article you cited, "First, it angered influential colonial merchants, who feared being replaced and bankrupted by a powerful monopoly." "More important, however, the Tea Act revived American passions about the issue of taxation without representation." Both sound like quite monetary interests to me.

      If you consider licensing fees to be an unjust tax which is placed upon us by the copyright holder, as I do, then it's perfectly reasonable to applaud the efforts of Napster in fighting to free us from that tax.

      I reject your assertion that copyright infringement is stealing. Stealing is when you take something from someone else. Napster is not about stealing. It's about the freedom to do whatever I want with the CD that I legally purchased. If some day we are freed from the unjust copyright laws which we now have, that will be evident to those writing, reading, and teaching the history books. Intellectual property is a concept which is taught, not one which is innate.

    31. Re:It's just a vehicle for theft by weinerdog · · Score: 3, Informative

      Napster's business model was based on stealing. Let me repeat that one more time, just in case you didn't get the point. Napster's business model was based on stealing.

      It seems to me that Napster simply provided a service to make easier what was and still is common practice: sharing music. Napster took the practice farther than it had been taken before, and so became a test as to what extent music sharing could be taken and remain acceptable, but it essentially offered nothing that wasn't available before in one form or another.

      Fundamentally, there was nothing immoral or unethical about what Napster did. You, I, and the RIAA may all have our own ideas as to what extent the sharing of music should be tolerated. So did Napster. It appears that, in the U.S., the lower courts didn't agree with Napster. But they didn't endorse the RIAA's or anyone else's vision of what should or shouldn't be allowed either. The question remains unresolved, but certainly Napster served to bring the question into the public eye.

      The aftermath of Napster has brought many public policy questions to the forefront, most of which remain unanswered. While the RIAA may have preferred that the questions remained unasked, I happen to disagree and think that Napster did us a great service by forcing the issue. (The fact that I was able to locate some old tracks that I had until then never been able to find anywhere was a pleasant side benefit.)

      Stealing and theft are heavily loaded terms which imply that one has already made a moral judgement about an issue which is far from cut and dried. Downloading music is only stealing if society collectively decides that it is. And that decision has yet to be made.

      --
      There's no such thing as Scotchtoberfest!
    32. Re:It's just a vehicle for theft by TWR · · Score: 2
      Yes, Hancock was a smuggler. But most of his money came from inheritance, not smuggling.

      Furthermore, it wasn't just a two-thirds reduction in the drinking of tea from the East India Co., it was a reduction in the drinking of tea in general. So, tea smuggling wasn't the best business to be in at that point.

      And let's be clear as to why people were smuggling tea in the first place. It came down to taxation without representation. England imposed taxes on tea in the colonies, because the colonists had no choice. The RIAA isn't a governmental organization imposing taxes. It is a corporation.

      If you want to change corporate policy, start buying stock in the companies that make up the RIAA. When you can put together a large voting bloc, you can start to change their behavior. See, you have more opportunity to control RIAA behavior than the colonists had in 1776 to control their taxes. Funny, that.

      -jon

      --

      Remember Amalek.

    33. Re:It's just a vehicle for theft by TWR · · Score: 2
      I'm not attacking. I just want a source for your opinion. If you don't have one, then the opinion is invalid. Any resulting discussion is going to be highly pointless.

      As for Napster and copyright, you said:

      Napster is not about stealing. It's about the freedom to do whatever I want with the CD that I legally purchased.

      See, that's not quite true when it comes to replication and distribution. Let's look at the word "copyright." It refers to (and this shouldn't be a shock) the right to make a copy of something. The holder of the copyright is the one who gets to determine who can make copies and distribute them. The government, which grants the copyright, has codified a "fair use" principle from common law that puts some limits on absolute control of material by the copyright holder, but that's it. You don't get a say.

      If you want things to be different, petition your government to change its copyright laws and/or buy stock in the corporation whose policies towards copyrighted materials you find objectionable.

      And it's not a tax. It's a restriction from a corporation. There's a huge difference.

      And for those who make a living due to intellectual property, it's quite a real concept. If you create nothing of value, or if you are living off the wealth created by someone else, then you will place no value in intellectual property.

      -jon

      --

      Remember Amalek.

    34. Re:It's just a vehicle for theft by Anonymous+Brave+Guy · · Score: 2
      Yes, but if you drink at a bar, drive, and kill 20 schoolkids, why is the bartender sued?

      Perhaps because you walked in wobbling across the floor, he could see you holding the car keys and your Porsche in the car park, and then he served you anyway, even when your mates warned him that you were going to drive home?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    35. Re:It's just a vehicle for theft by TWR · · Score: 2
      I don't think you are paying attention to Napster's goals.

      Sharing music FOR FREE is one thing. Napster was going to charge for their service; they just didn't survive to make it to the "pay me" bit. If I put an ad in a newspaper "Send me a blank CD and $5, and I'll copy any album for you", I would be (quite rightfully) shut down. I am violating copyright.

      Now, do I think record companies are being short-sighted? Yup. But it's their property, they can do whatever they want with it.

      -jon

      --

      Remember Amalek.

    36. Re:It's just a vehicle for theft by Tackhead · · Score: 2
      > Jesus - Religious Freedom, Equality of Man
      > Boston Tea Party - Taxation without Representation
      > American Revolution - Same thing, freedom from tyranny
      > Freeing Slaves - Equality of Man
      > Napster - You getting music (a luxury item) for free.

      The history of every major Galactic Civilization tends to pass through three distinct and recognizable phases, those of Survival, Inquiry and Sophistication, otherwise known as the How, Why and Where phases. "For instance, the first phase is characterized by the question 'How can we eat?' the second by the question 'Why do we eat?' and the third by the question 'Where shall we have lunch?'"

      - Douglas Adams, Hitch-Hiker's Guide to the Galaxy.

      Clearly, the notion that MP3 file sharing constitutes a fundamental civil right is an indication that we've advanced to the third stage ;-)

    37. Re:It's just a vehicle for theft by Anonymous+Brave+Guy · · Score: 2
      It seems to me that Napster simply provided a service to make easier what was and still is common practice: sharing music. [...] Fundamentally, there was nothing immoral or unethical about what Napster did.

      In isolation, no, there absolutely is not anything wrong with that.

      However, when their service began to be abused, and they (a) knew this and (b) condoned it, then there was something very immoral about their position. Had they voluntarily taken reasonable steps to prevent the wholesale abuse of their service, preferably in consultation with the record industry and other interested parties, while keeping it afloat for those using it legitimately, then I don't think anyone would have had a problem with it. But they didn't. They waved two fingers at one of the most powerful institutions on the planet, and that was dumb.

      Stealing and theft are heavily loaded terms which imply that one has already made a moral judgement about an issue which is far from cut and dried.

      But that's exactly the point. Within our legal systems, it is absolutely cut and dried. If you don't like the behaviour of the record industry, in terms of overcharging (in your opinion), or padding out albums with filler tracks, or whatever, the correct answer is to vote with your wallet, and buy things you feel are good value for money. If you don't like the legal system, the correct action is to campaign for a change in the law, or give financial support to a group who does so on your behalf. In any case, if the laws of the land are arbitrarily ignored en masse, people are setting themselves up for a very big fall.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    38. Re:It's just a vehicle for theft by Happy+go+Lucky · · Score: 3, Insightful
      Because the bartender is not supposed to serve liquor to someone who is drunk. In some states the law says "visibly drunk". The bartender is supposed to know when the person is drunk. If the bartender makes the person drunk, that's one thing but if the person is drunk and then the bartender serves some more then they can be liable.

      More than civilly liable. Here in Colorado, it is a CRIME for a visibly-drunk person to be served alcohol on licensed premises. Bartenders (in theory) can go to jail and businesses (in practice) can lose their liquor licenses.

      It's akin to shooting an intruder more than once - once is considered self defense, more than once can be considered murder.

      They're not that close. Especially because the alcohol thing is true and the "if you shot him once you meant to murder him" is crap and nonsense. If you were legally justified in using deadly force to protect yourself, then you were legally justified in shooting as many times as was required to control the threat.

    39. Re:It's just a vehicle for theft by sheldon · · Score: 2

      When you try to compare the theft of intellectual property with freeing of slaves you discredit yourself and your argument.

      Information does not want to be free, because information is not sentient and cannot want for anything.

      You need to find a better argument, the one you are using would get you laughed out of Congress if you tried to testify for a change in the law.

    40. Re:It's just a vehicle for theft by PCM2 · · Score: 2
      I'm a songwriter, and I considered Napster to be a really great vehicle to get my music to others that would normally not get the opportunity hear it.
      I'm not being a troll here (honest!) but ... how so?

      I've never understood this argument that "Napster helped independent artists distribute their music." Maybe that's hypothetically true, because you could download MP3s using Napster. But there was no mechanism in Napster that would help you market your music, nothing that would put it in front of listeners who hadn't already heard of you. The only way anybody would find your song would be if they specifically searched for it, either by your name or the name of the song.

      (I'm of course assuming here that your songs aren't all named things like "Master of Puppets," "Enter Sandman," and "Dre Day." If that was your chosen method of marketing, I don't think it would say much about Napster's viability for indie artists anyway.)

      The only way anybody would search for your songs by name would be if they'd heard of you before. The only way you could make sure they've heard of you would be to market your music. One fairly inexpensive method would be to start a Web site (albeit a fairly ineffective one, because you'd still need to drive traffic to the site somehow).

      AHA, but -- if you had a Web site to promote your music, wouldn't it be easier to just offer the MP3s for download there? Then all your potential listeners would have an efficient, reliable channel to get your music from, rather than hoping that somebody on Napster at any given moment would have your stuff.

      The total inefficiency of any P2P network as a file hosting platform is, to my mind, the biggest single argument in favor of the notion that P2P isn't good for anything but swapping copyrighted songs. P2P file sharing works if you want Metallica songs, or Dr. Dre songs, or (yes she always has to get brought up, doesn't she?) Britney Spears songs. That's because all those songs have been marketed and promoted by a record label so that you know the names of those artists and/or the names of their songs.

      Say what you want about record labels, but this is the biggest (perhaps the only) service they provide to artists: marketing and promotion. I always think it's a shame when I talk to some friend of mine whose band has been signed to some indy label, and they tell me the label hasn't been doing much for them in the way of promotion. Makes me wonder what those smaller labels are in business for, actually.

      --
      Breakfast served all day!
    41. Re:It's just a vehicle for theft by sheldon · · Score: 2

      Downloading music is only stealing if society collectively decides that it is.

      Ok, let's be a bit more accurate in your statement, shall we?

      What you meant to say is:

      Downloading music without permission of the copyright holder is only stealing if society collectively decides that it is.

      The key being that phrase, "without permission of the copyright holder", because that is really what we are talking about here in the case of Napster. Nobody who was voluntarily giving their music away on Napster bothered to sue them, and nobody is questioning the downloading of music as a legitimate form of distribution.

      And that decision has yet to be made.

      Now once we corrected your other statement we find that this last statement of yours is wrong. Society collectively(at least in the US most other countries) decided that using intellectual property without permission is theft. This determination is what drove the creation of copyright laws several centuries ago. This determination maintains a special passage within the US Constitution.

      Now as a side effect of Napster some other questions have come up relating to our existing copyright laws. But even though those questions did come up, they really don't relate to Napster. Specifically I'm talking about fair-use(as it relates to the DMCA) and term length.

      There are many of us who would like to have a public discussion about fair-use and the overbroad term lengths presently existing in copyright law, unfortunately that discussion is being overshadowed by the out and out theft of the Napster model. As long as that theft continues to exist, we are going to lose any argument that suggests existing controls are too broad.

      I think it's a mistake to try to defend Napster, the company clearly deserved whatever punishment they received and like others have pointed out, I'm disappointed they were purchased by BMG. Rather I would like to have seen their founders thrown in prison.

    42. Re:It's just a vehicle for theft by weinerdog · · Score: 2

      You're missing the point. In the judgement of the RIAA and, apparently, of some others, Napster was abused. But Napster's took the position that person-to-person sharing of music was completely legitimate and protected in the U.S. by the Home Recording Act.

      Unless I missed something big, no verdict was ever reached in the Napster case, we don't know if the courts would have sided with Napster. If I recall correctly, the injunction against Napster was based on the judge's ruling that the plaintiffs would likely prevail on the merits of their case--but the judge never made a formal finding that Napster had done anything illegal. And certainly there was no pre-existing doctrine, law, or social consensus that would have unambiguously informed Napster that it's actions were patently unacceptable. In fact, nobody much thought about it until Napster came along.

      If the law were, as you suggest, truly cut and dried, (which it is not--why do you think judges exist?) it would be easy for the RIAA to point to the statute that expressly forbids P2P sharing. The fact is that law is highly interpretive, which is why higher courts exist in the first place, and much of it relies on precedent, public policy, and changing externalities like technology. That's the whole point: Napster was a test to see how P2P music sharing would be interpreted in terms of law and public policy.

      --
      There's no such thing as Scotchtoberfest!
    43. Re:It's just a vehicle for theft by anthony_dipierro · · Score: 2

      I'm not attacking. I just want a source for your opinion.

      I felt that your soapbox comment was an attack. Of course, that's only my opinion, and I can't find any references to back it up.

      If you don't have one, then the opinion is invalid.

      Just because the source of my opinion is not published on the internet does not invalidate it.

      Napster is not about stealing. It's about the freedom to do whatever I want with the CD that I legally purchased.
      The holder of the copyright is the one who gets to determine who can make copies and distribute them. The government, which grants the copyright, has codified a "fair use" principle from common law that puts some limits on absolute control of material by the copyright holder, but that's it. You don't get a say.

      All that says is that the government has successfully taken away my freedom to do whatever I want with the CD I purchased. They have done so because they argue that it will promote the progress of science and useful arts.

      If you want things to be different, petition your government to change its copyright laws and/or buy stock in the corporation whose policies towards copyrighted materials you find objectionable.

      Both of which I do, and while I do not myself have the courage to ignore the unjust law which is placed upon me, I fully support the actions of those who do. I also believe that when and if copyright laws are repealed (along with the notion that sentences can be owned), companies like napster which helped form the underground resistance against copyright law will be looked upon as revolutionaries, not criminals.

      And it's not a tax. It's a restriction from a corporation. There's a huge difference.

      It's arguable whether or not it is literally a tax, since the beneficiary is not the government, but it certainly bears a striking resemblence. The key point being that it places a charge on two individuals engaging in voluntary trade which it gives to a third party completely unaffected by that transaction.

      And for those who make a living due to intellectual property, it's quite a real concept.

      I never meant to argue that the concept of intellectual property wasn't a real one. But it was one which was created by copyright holders to justify their forceful stealing of wealth from non-copyright holders.

      If you create nothing of value, or if you are living off the wealth created by someone else, then you will place no value in intellectual property.

      Are you trying to insinuate that I create nothing of value? In any case, just because one creates nothing of value does not imply that one places no value in intellectual property. The fact that the books we read from to learn about the concept of property are all written by copyright holders is enough to keep that notion ingrained in the minds of most Americans.

      Federal copyright law is not based on property rights anyway. The Supreme Court has made numerous rulings stating this quite explicitly.

    44. Re:It's just a vehicle for theft by weinerdog · · Score: 2

      Now once we corrected your other statement we find that this last statement of yours is wrong. Society collectively(at least in the US most other countries) decided that using intellectual property without permission is theft. This determination is what drove the creation of copyright laws several centuries ago. This determination maintains a special passage within the US Constitution.

      I'll admit that I am not an expert in copyright law and so my understanding must come from a layman's reading of the laws and of the legal interpretations and explanations of those laws,
      but I am hard-pressed to find anything that suggests copyright grants any sort of ability to control the use of a work or idea, apart from public performance.

      My understanding of copyright is that it grants the rights holder the exclusive right to make copies of a work, subject to certain exceptions. I also understand that it was (and I suppose still is) the position of Napster that private sharing of music was one of those exceptions, and that furthermore there was nothing illegal about facilitating such copying.

      It is furthermore my understanding that Napster has not received any punishment or penalty of any sort. It was handed an injunction and ordered to block access to works for which the plaintiffs held copyright because the judge believed that the plaintiffs would probably win their case, but (again, unless I missed something) the case has not yet been fully argued, nor has a judgement been rendered, and likely never will, as Napster has agreed to settle out of court with most of the plaintiffs.

      In any event, this is all irrelevant because it deals with events after the fact. Presumably, the stakeholders in Napster were not so blindingly stupid that they established a business which they believed was illegal and would ultimately drive them to bankruptcy. It seems more plausible that they believed that their business, while daring and perhaps risky, would ultimately be found to fall within the law. That you personally disagree isn't really important; that the issue is debated publically and a broad-based consensus is reached is.

      And please don't tell me what I meant to say. I can speak for myself.

      --
      There's no such thing as Scotchtoberfest!
    45. Re:It's just a vehicle for theft by TWR · · Score: 2
      I also believe that when and if copyright laws are repealed (along with the notion that sentences can be owned), companies like napster which helped form the underground resistance against copyright law will be looked upon as revolutionaries, not criminals.

      OK, I think you are missing a very, very, very huge point here.

      An artist's record label is acting as an agent for the artist.

      Let's take your ideas to heart. Poof! No more copyright! Take a book by your favorite author. Now, once that author inks a deal to publish his book, ANY other publisher in NonCopyrightLand can go to the store, buy the book, and then sell their own copies of the book. No money goes to the original publisher, but more importantly, no money goes to the author.

      But wait, it gets worse. Since every publisher could just copy what every other publisher is printing, why would anyone bother to sign an artist to a contract? You've just removed all value from the creation of intellectual property. As soon as anyone releases any intellectual property of value, it will be sold by people who will not reimburse the original creator.

      The author's sentences aren't owned by the author, but they are going to enrich the guy who had the money to own a large printing press and distribution network. Meanwhile, what did the author get for his work? Nothing. How can the author spend time creating works of art if he never gets compensated for his work? He can't, unless he's got someone to support him. Do you want to have guaranteed welfare for life for anyone who says they are an artist? Hell, if that's the case, I'm picking up a guitar and waiting for my check to arrive. So will everyone else.

      See how these nice, lofty goals just end up screwing the little guy while enriching the already rich?

      Now, if you think that it's OK for the rich industrialist to screw the poor artist, that's fine. But I don't think you do. As long as there is money to be made in distribution and promotion (especially promotion!) of intellectual property, abolishing copyright isn't going to work.

      -jon

      --

      Remember Amalek.

    46. Re:It's just a vehicle for theft by TWR · · Score: 2
      I'm sure Stephen King could get 10,000 people to each pay $10 for him to write his next novel.

      He tried, he failed. King tried to do a book "shareware" over the web. Pay by the chapter. Way too few people did, so he stopped. If Stephen King can't sell a book this way, who could?

      How is King going to afford the printing press? Where are his production costs in your $100,000 figure? Who would give him a loan to do a production run, knowing that the only collateral he has (the book) is worthless?

      Any why would people buy the book from King? Why not go to someone who already bought the book and copy it from that person for less money (because they're rich, already own their own printing press, so their costs are lower)?

      Saying "well, some sort of compensation will probably happen" isn't a solution, it's hand-waving. Provide a concrete solution that prevents exploitation of content creators in a copyright-free system.

      -jon

      --

      Remember Amalek.

    47. Re:It's just a vehicle for theft by TWR · · Score: 2
      1. All "rights" are human constructs. Ask a drowning man about his "right to life." Just because copyright is a human construct doesn't weaken it any more than it weakens any other right.

      2. A record label owns the music created by an artist because the artist signs away those rights; they gave them away.

      3. Holding the copyright on the latest drek from J.Lo or N*Sync is hardly comparable to dumping toxic waste in the water supply. If anything, it's holding toxic waste back. (ba-dum-bump).

      4. Some other genius is arguing that copyright should just go away. Fine. Find a way to compensate artists without it.

      -jon

      --

      Remember Amalek.

    48. Re:It's just a vehicle for theft by sheldon · · Score: 2

      And please don't tell me what I meant to say. I can speak for myself.

      I wish that were true, but you have this unfortunate tendency to try to construct arguments that while removed from the truth, can be easily argued against. This is commonly called 'straw man argumentation.'

      This discussion is about Napster specifically, not an overall one of downloading music off the internet. As such we are talking strictly about making music available without permission as there are obviously services which make music available with permission who have not been involved in lawsuits.

      but I am hard-pressed to find anything that suggests copyright grants any sort of ability to control the use of a work or idea, apart from public performance.

      This might help:
      http://www.copyright.gov/circs/circ1.html#w ci

      The first bullet point is most applicable and refers to the right of the copyright holder to do or authorize the reproduction of the work.

      Furhermore in the case of Napster, the second bullet point is also appropriate because they were obviously creating a business model which result in the sale of the reproduced music.

      It is furthermore my understanding that Napster has not received any punishment or penalty of any sort.

      This is true.

      It was handed an injunction and ordered to block access to works for which the plaintiffs held copyright because the judge believed that the plaintiffs would probably win their case

      Not to mention the injunction was appealed and upheld which gives it further strength.

      the case has not yet been fully argued, nor has a judgement been rendered, and likely never will, as Napster has agreed to settle out of court with most of the plaintiffs.

      Which is pretty much an admission of guilt on Napster's part.

      Presumably, the stakeholders in Napster were not so blindingly stupid that they established a business which they believed was illegal and would ultimately drive them to bankruptcy.

      I would have to argue that they did establish the business with that intent. Their hope was worst case they could make some money off the publicity, and best case they would be bought out by one of the companies suing them. In the end it appears they received a bit of both, they sold out but probably for not as much as they had hoped.

      Over the past year we've seen an a great many examples of people who used questionable tactics to get rich quick. Enron, Merrill Lynch and so forth. Napster was just one more example of those who thought to twist the law in their own favor at the expense of others.

      That you personally disagree isn't really important; that the issue is debated publically and a broad-based consensus is reached is.

      Ahh, another straw man.

      As I said the broad-based consensus on Napster's actions were reached long ago through creation of copyright law.

      What needs to be discussed today are more important issues resulting from the DMCA and other recent acts extending copyright terms.

    49. Re:It's just a vehicle for theft by TWR · · Score: 2
      Quick note, because it's late.

      The Artist Formerly Known As Prince tried your system (subscription for an album). It failed for him, I think. At least, I never heard about an album actually being released.

      And society does value authoring books. That was the reason for the creation of copyright in the first place. It's been a pretty workable system for a few hundred years, and it's probably here to stay. The abuses need to be curbed (the virtually perpetual copyright is clearly out of bounds, and corporations probably shouldn't be able to hold copyrights), but the existence of abuses in a system doesn't mean the system is worthless, just that it is not perfect. Fix rather than throw out is usually the best course of action.

      -jon

      --

      Remember Amalek.

    50. Re:It's just a vehicle for theft by Saeger · · Score: 2
      wrong ... Society collectively(at least in the US most other countries) decided that using intellectual property without permission is theft.

      Actually, I think weinerdog is right in saying that the jury is out on whether or not copyright infringement is outright theft punishable by death (ok, not death), in light of the times we live in. The constitutional "decision" you speak of, was made hundreds of years ago when content was tied to expensive physical media.

      You can't ignore the fact that technology changes society in drastic ways, and it's the law playing catchup. The nature of digital tech makes enforcing copyright next to impossible, which renders copyright law toothless. Society will either agree that draconian copyright enforcement is a good thing, or they won't, and a new balance between creators and 'consumers' will emerge on its own (not hand-waiving).

      Here's an appropriate quote I happen to agree with:

      "...piracy laws are so practically unenforceable and breaking them has become so socially acceptable that only a thin minority appears compelled...to obey them.... Whenever there is such profound divergence between the law and social practice, it is not society that adapts."--John Perry Barlow

      --

      --
      Power to the Peaceful
    51. Re:It's just a vehicle for theft by sheldon · · Score: 2

      The same arguments were made when the printing press became popular, then later the Xerox photocopier and so forth. When you compare the cost of copying a book by hand to photocopying it you get the same differential as you would with digital media reproduction versus the original distribution.

      I also see an issue in your logic because you refuse to acknowledge the existence of half the equation.

      The more things change, the more they stay the same.

    52. Re:It's just a vehicle for theft by PCM2 · · Score: 2
      Ever heard of Big Head Tod and the Monsters? Their 1st cd went double platinum.. their 2nd release sold only 700,000 copies so their major label dropped them. What did they do? They started their own indie label & made more money off of that promoting their own CD's (selling less), then what they did with the major labels.

      No, I've never heard of Big Head Tod and the Monsters, so I guess you make my point for me. Even so, starting your own label and publishing your own music is a lot different than what I was talking about ... which is indie labels signing bands and then basically just acting like major labels, only without any of the promotion.
      --
      Breakfast served all day!
  7. So? by 72beetle · · Score: 4, Insightful

    Don't tell me nobody didn't see this coming - the innovator is rarely the successful party in any technology leap, usually it's the follow-ups that jump on the bandwagon and streamline/fine tune a process that make the big bucks.

    Napster paved the way for P2P, but really, who thought they'd get rich doing it? Well, besides Shawn Fanning, anyway.

    -72

    --
    -Those who dance are considered insane by those who can't hear the music.
    1. Re:So? by Arethan · · Score: 3

      Actually, Shawn Fanning could still get rich. He just needs to write a book about the rise and fall of Napster. Give it a catchy title and make sure it doesn't sound like 3 years olds ramblings that should have been scrawled out in crayon, and he'd probably sell a few hundred thousand copies.

    2. Re:So? by Spunk · · Score: 5, Funny

      he'd probably sell a few hundred thousand copies.

      Or in an ironic twist, he'd sell one copy which would then be downloaded 100,000 times.

    3. Re:So? by xinit · · Score: 2

      No, he'd only sell a couple dozen. Oh, millions would read it, but only from the PDFs that one of those buyers would scan and generate...

      --
      --- http://foo.ca
    4. Re:So? by Surak · · Score: 2

      the innovator is rarely the successful party in any technology leap, usually it's the follow-ups that jump on the bandwagon and streamline/fine tune a process that make the big bucks.

      Since when? I can think of a few examples that both meet and contradict your statement. GUI:
      Innovator=Xerox
      Followups=Apple, Microsoft
      Big Bucks=Microsoft

      however,

      SOHO color inkjet printers:
      Innovator=HP,
      followups=Canon, Epson, Lexmark,
      big bucks=HP.

      or,

      Photo Editing:
      Innovator=Adobe (Photoshop)
      Followups=(quite a lot)
      Big Bucks=Adobe

      so sometimes the innovator makes the big bucks and sometimes the innovator doesn'''t. What it depends on is if the innovator keeps up with the competition when the followups arrive. This doesn't always happen, but when it does, the innovator continues to dominate the market.

  8. FTP Services Banned! by pstreck · · Score: 2, Funny

    FTP has now been banned under the DMCA since it can be used to distribute copyrighted material.

    --

    Later,
    Phil
  9. Re:Ah, well. by Anonymous+Cowrad · · Score: 4, Insightful

    "Once the RIAA shut down the filesharing service, Napster, Inc. had no means of turning a profit that I could see."

    How were they making money before they got shut down? I'm astonished they lasted as long as they did, too.

    --

    --
    pants ahoy
  10. Chapter 11 is for protection of their assets by Fly · · Score: 5, Interesting
    The Chapter 11 filing was part of the deal to sell to BMG. It protects Napster from its creditors since I presume BMG didn't want to buy Napster only to have people taking pieces of it while they work towards a transition.

    If you recall, K-Mart has also filed for Chapter 11 bankruptcy to protect them from their creditors while they attemp to reorganize into a profitable company.

    Filing for Chapter 11 bankruptcy does not mean that the company is gone or is no longer operating. In the case of Napster, the great levels of piracy ended long before today.

    --
    end of line
    1. Re:Chapter 11 is for protection of their assets by bjtuna · · Score: 2

      Same with Covad.

  11. I bought more music when i used napster.. by Monofilament · · Score: 2, Interesting

    Personally this is my two cents. I really could care less to see napster go. I buy my music, because i like collecting CD's and records. The only reasoned I cared at all about napster is because when it came out. I found it was an awesome way to find new music i hadn't heard... preview it in good quality, listen for a while make sure I wouldn't get bored, then I BOUGHT THE DAMN CD! Alas, I know I am one of the few people who used napster that actually ended up buying more CD's because of it. Thats because radio in this day and age, at least where i lived, which is philadelphia, sucked and still does, and is one sided. BUT that is a whole other rant for a whole other topic.

    Anyway so Napster is gone.. I'll just have to go back to free previews on www.cdnow.com to figure out if I like new music that i want to buy.

    --


    Who makes you Sig?
  12. The Music Industry has Lost by Alien54 · · Score: 3, Insightful
    With the Recent court ruling in the netherlands that Kazaa cannot be held reponsible for the actions of it's users, the Music industry has lost.

    They will never again have the opportunity that they let slip through their fingers because they killed Napster. Napster had the widest selection where anyone could find anything, and it worked well. They threw away the opportunity of a lifetime because they got greedy.

    Instead of working out a system where they could have gotten paid something somehow, they grasped for millions, throwing away billions

    It is a typical case of the big fish in the small pond fearing the ocean

    There will probably never be the same chance to create a market and integrate it all into one service again.

    There was a pretty good interview with John Lanning on CnetRadio that is worth listening, goes into the history, and where he sees things going from here.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:The Music Industry has Lost by Ooblek · · Score: 5, Insightful
      ith the Recent court ruling in the netherlands that Kazaa cannot be held reponsible for the actions of it's users, the Music industry has lost.

      Don't count on that. They still have more money and time to throw at the problem. My guess is that they will do so, at whatever level it takes. They are a big part of the US economy, so I would guess there will be some sort of political pressure through treaties or something.

      For now, though, the seas are open and there is loot to be reaped.....er, music to be downloaded.

  13. When Taco Doesn't Even Read The Article...Sheesh by ackthpt · · Score: 3, Interesting
    Bertelsmann stepped in on May 17 with $8 million to buy Napster's assets. As part of that agreement, Napster was to seek bankruptcy protection and emerge as a wholly-owned unit of Europe's second- largest media group.

    Chapter 11 means protection from creditors while reorganizing, which has been the plan. They're not shut down, they've not gone away, they're just shifting debt around and restructuring (i.e. laying off any worker bees left, negotiating terms on debt payment, etc.)

    This is hardly a surprise, nor the end of Napster. The only effect against "music piracy" is that Napster, under BMG's thumb, will simply be a store front for their products. In a way, similar to what the Mega-swill Brewers did 10-15 years ago, buying up all those threatening little micro-brews and screwing up their distribution to preserve market for the highly profitable [yecch] that they sell (i.e. you don't become billionaires without putting rice in your mash instead of expensive barley.)

    --

    A feeling of having made the same mistake before: Deja Foobar
  14. Re:Score one for the xxAA by igottheloot · · Score: 3, Funny

    attention xxAA's, usenet does not exist. it's just an old fairy tale meant to scare you. please move along, nothing to see here...

  15. What is stealing? by nukeade · · Score: 2, Interesting

    Sure, Napster has gone bankrupt because the efforts of a typically greedy industry, but don't side with their "moral" argument and accuse me or Napster of stealing MP3s. I never stole anything. I copied someone else's zeroes and ones, and zeroes and ones are not music until you interpret them. In fact, I could interpret them in any way I want to. Go ahead and argue that I was in fact always and exclusively interpreting them as musicm but the fact remains: they will never, ever be the music exactly, they will always be a digital approximation, however convincing it is. I will not agree with the stealing argument until the RIAA defines clearly what the music is and what is stealing them. By their argument, am I stealing the song if I sing it? That's an approximation too. You'd have to plug the analog hole in my head and stop me from thinking of the song after listening to it. How close to the song does the approximation have to be until it is considered to be the song? And what defines the song? Is the song zeroes and ones? No, it's a pattern of sound waves reaching my head, but the pattern is never the same as it was in the studio on a digital approximation. What if these zeroes and ones can be interpreted to be the music in mp3 format, but if I change the extension to .doc and open it in word, it's really an informative paper? If you allow people to copyright digital approximations of a song, you effectively allow people to own numbers, which are a natural phenomenon. Look at the case of the people who wanted to translate their DNA sequences into MP3 format for the same degree of copyright protection. You might as well copyright air if you are going to say, "This, and anything I decide is arbitrarily similar to this in a specific interpretation is mine!"

    The fact is, stealing is a fuzzy line when you speak in terms of zeroes and ones, and what music is. I believe that due to this argument, the music industry has no choice but to adapt to use file sharing to its benefit, and the RIAA is working against consumer and its own interests in this case.

    Hilary Rosen, shut your analog hole.

    ~Ben

    1. Re:What is stealing? by Chester+K · · Score: 2

      Sure, Napster has gone bankrupt because the efforts of a typically greedy industry, but don't side with their "moral" argument and accuse me or Napster of stealing MP3s. I never stole anything. I copied someone else's zeroes and ones, and zeroes and ones are not music until you interpret them. In fact, I could interpret them in any way I want to. ... If you allow people to copyright digital approximations of a song, you effectively allow people to own numbers, which are a natural phenomenon.

      I take it then you don't mind when people take GPL'd code and incorporate it into their own software without releasing the source? They're not stealing, they're just making a copy that doesn't hurt anybody, so they shouldn't be forced to follow the licensing, right? And after all, can't the latest Linux kernel be boiled down to just one really big number? It's a natural phenomenon -- it can't possibly be copyrighted or bound to a license!

      --

      NO CARRIER
  16. Are you insane? by Gorbie · · Score: 5, Insightful

    you are comparing music theft with Jesus' acts, the boston tea party, and the freedon of slaves?

    Thanks for making my point. You really did just fall off the turnip truck.

    1. Re:Are you insane? by ToLu+the+Happy+Furby · · Score: 2

      you are comparing music theft with Jesus' acts, the boston tea party, and the freedon of slaves?

      Thanks for making my point. You really did just fall off the turnip truck.


      Are you comparing the Boston Tea Party with Napster?? The Boston Tea Party was an act of outright vandalism in which anti-government reactionaries protesting a somewhat obscure point regarding differential tarriffs and government monopolies broke into ships which were not their property, and destroyed valuable physical property which not only did not belong to them but which other people wished to purchase and now could not. Indeed, the Boston Tea Party was the climactic event in an illegal embargo carried out against colonists as a whole by a small group of radicals who decided that the law regarding tea taxation was wrong and thus that all imports of British tea were to be blocked through threat, vandalism and violence.

      Napster, on the other hand, did not involve stealing, vandalism, or destruction of physical property. It almost certainly contributed heftily to the bottom line of the record companies and musicians who brought complaints against it. Use of Napster to share (but not to download) copyrighted music was found to constitute illegal copyright infringement; however, this hinged on a technicality of the 1992 Audio Home Recording Act which did not include mp3s as being under the purview of the rule that noncommercial copying and distribution does not constitute infringement (before the AHRA, all noncommercial copying and distribution were considered fair use, so the AHRA was sharply broadening copyright law as it had been understood for centuries). Unlike the Boston Tea Party which was carried out by a small group of radicals, probably against the wishes of and certainly with economic harm to the large majority, Napster was used by tens of millions of Americans; perhaps an absolute majority of all Internet-connected Americans, and certainly an absolute majority of those with broadband.

      The actions taken by the perpetrators of the Boston Tea Party were and are and always will be unambiguously illegal. No society can survive long on the principle that it is okay to break in and destroy others' commercially significant private property as a means of protesting government policy. Napster, on the other hand, was found illegal only after significant court action, and would not have been illegal under copyright law as it existed for centuries prior to 1992.

      So why can we view the Boston Tea Party as an admirable event of history? Because it was carried out in the name of greater ideals, namely the proposition that all citizens deserve a voice in the laws that govern them. Note that this proposition is not obviously more correct or more noble than the proposition underlying Napster use, namely that people have the right to share artistic/intellectual content with each other provided they have purchased the means of reproduction and distribution; or, perhaps, that people have the right to use things they have purchased (i.e. CDs, computers and Internet access) as they see fit so long as their actions do not directly hurt anyone else. In any case, the point is that the Boston Tea Party proposition has since been judged by history to be correct (of course, history is written by the winners), whereas the Napster proposition(s) are perhaps almost as controversial today as the proposition that people have a right to self-government was 230 years ago.

      As for slavery, we might note that it is not prima facie obvious that allowing people to be owned as private property is any more or less unusual or immoral or against the tenets of natural law than allowing ideas to be owned as private property. Indeed the vast majority human societies throughout history have considered people a valid form of property and ideas not.

      As for Jesus...I'm not touching that with a ten foot pole.

  17. There's another variation on this story..... by 8127972 · · Score: 2

    located at news.com. It's quick and to the point.

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
  18. Re:Oh you so funny... by jmu1 · · Score: 2

    I acctually used Napster to grab old TV show themes and bootlegs of concerts that I could never in a million years make it to. In effect, I was stealing art that was inaccessible. You want to cart me off for it, come get me. I buy cds. I buy litteraly tons of DVDs. Don't tell me I'm hurting anyone. I'd still like to see the artists get the real money, not the distributors. They wouldn't even have a product if it weren't for the artists. And yes, I would buy the downloads of an album directly from the artist if it were available.

  19. lame slashdot editor's comment by astrashe · · Score: 5, Insightful

    Whatever you think about Napster, the editor's comment on this story is lame.

    Putting a murderer in jail doesn't put a stop to all murders. Does that mean it's a waste of time?

    We're blowing this argument, and when we lose, everyone's going to blame the record companies, but it's going to be our own fault.

    Defending stealing is wrong, and as much as everyone likes free stuff, it's just not possible that the "stealing is ok" argument is going to fly in the courts and in congress over the long run.

    The other lame argument that people make is that "the record companies would be better off if they allowed sharing." Maybe. Probably not. But the point is that it's their property, and they get to decide what to do with it.

    There are two issues on the table. The one that everyone talks about is piracy. There's no way to win this in the law, although technology will probably make it possible to steal music and share it over the net for the foreseeable future.

    The other one, and the one that is winnable, is about whether or not there will be open electronic distribution systems. Right now entertainment companies control distribution, and that's how they make their money.

    Movie studios make money by controlling access to the multiplexes -- indpendent films have to make "distribution" deals if they want to be seen. And if you want your CD in the Virgin Megastore, you've got to cut a deal with a big label. That's the toll booth.

    The entertainment companies are using the piracy issue to cover up their other agenda, which is to avoid open distribution at all costs.

    And their biggest allies aren't corrupt senators, they're whiny assholes with a sense of entitlement, sitting on their asses, believing that the world owes them free eminem records.

    The arguments for stealing marginalizes the people who make it. It marginalizes the public's interest. It's suicidal politically and morally bankrupt.

    Take my karma. I don't care.

    1. Re:lame slashdot editor's comment by goldspider · · Score: 2
      "Movie studios make money by controlling access to the multiplexes"

      Actually they make most of their money on VHS and DVD releases. They recoup their costs, pretty much, with the theatrical releases, and the video releases is all profit.

      Ironic that Jack Valenti was convinced that VHS would be the death of the movie industry, which now, apparently, is the primary vehicle sustaining it.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    2. Re:lame slashdot editor's comment by GungaDan · · Score: 2
      "Defending stealing is wrong"

      Bullshit. Stealing is wrong. "Defending stealing" is free speech. "Prosecuting fair use" is wrong...

      --
      Eloi are stupid, throw morlocks at them!
    3. Re:lame slashdot editor's comment by garett_spencley · · Score: 2

      You make a lot of good points and they're all points that have been made before.

      The way I see it is that it all comes down to the age old argument "guns don't kill people, people kill people".

      You can say all you want about Napster's intent but the fact is that intent usually doesn't come into play in U.S law. There was a case a year or so ago about a guy who wrote a parody or a satire about the Church of Scientology. Well they took the guy to court and won because despite the guy's intent and the context in which his parody was used, what he said was considered a threat and was therefore illegal.

      The same thing can be applied to Napster but in this case I don't think Napster was doing anything illegal.

      They provided a way in which people could share mp3 files. Sure they're intent may have been for you to grab the latest Staind songs and burn them to CD but using the case I described above intent has nothing to do with the law and I have yet to read a law where it says that royalties must be payed on all mp3 files regardless of who owns the copyright!

      The fact is that it's entirely up to the users as to wether the mp3 files that they download are copyrighted by someone who demands royalties on them. I know that Napster got burned because they lmiited their system to audio files only but I'm baffled at how the courts can look at that as illegal because as I just stated there is no law which states that all audio files are property of the RIAA so you're really alienating the users who use the system legitimately regardless of how small that user base may be.

      When intent is taken into consideration in the judicial system then you can burn Napster for intending to violate copyright but for now it was just a tool.

      And just for the record I don't miss Napster. I used it for a bit but I don't care now that's it's gone. I'm not defending them because I want to see them thrive I'm defending them because I don't see why what they did is illegal (but I'm not a laywer so what do I know?). If they were still around and just as popular as they were 2 years ago I would not use it.

      To shamelessly quote Dennis Miller: "Of course this is just my opinion I could be wrong".

      --
      Garett

    4. Re:lame slashdot editor's comment by TheAwfulTruth · · Score: 2

      As a matter of fact. "intent" plays a HUGE role in US law. That's the difference between murder and manslaughter. Napsters "intent" was to give away commercial music for free. That was their advertising slogan and they even wrote a theme song about it! They bragged that you wouldn't have to wade through tons of indie and unknown trash to find the good stuff.

      Napster was special in that they intended to distribute other people's copyrighted works for free. They were no Morpheous or Kazaa. They were guilty as hell from day one.

      --
      Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
    5. Re:lame slashdot editor's comment by imadork · · Score: 2
      There are two issues on the table. The one that everyone talks about is piracy. There's no way to win this in the law, although technology will probably make it possible to steal music and share it over the net for the foreseeable future.
      The other one, and the one that is winnable, is about whether or not there will be open electronic distribution systems. Right now entertainment companies control distribution, and that's how they make their money.

      Bingo! We all know that the Piracy stuff is grossly overstated by content distributors, but we also know that full-fledged Piracy does take place, but doesn't effect* sales to the extent that the distributors contend. We also know that there is no practical solution to the problem.

      But the Powers That Be are anxious to do anything to make it look like they're being useful. Any action is better than no action in their eyes.

      Content companies are using the Piracy problem as an excuse to make proposals that secure a government-sanctioned oligopoly on content distribution on the Internet. AOLTW and Sony and Disney get to distribute conetent, and you don't if you don't have their blessing. Ever. Preventing Piracy is just a smokescreen. Anyone who whines about Napster or Fair Use without making this point will simply get ignored.

      * = affect or effect? I always get them confused...

    6. Re:lame slashdot editor's comment by shepd · · Score: 2

      Since when did copying become stealing?

      If people would stop twisting words about we'd find that copyright violation isn't as serious as people think.

      Heck, we don't even apply the word "stealing" to murder, even though one could twist the word stealing to mean "stealing someone's life".

      The only way piracy becomes stealing is when someone sells a full-price boxed fraudulent copy. Then you can prove the "pirate" was interested in buying the real thing.

      Saying that someone on a fixed-income would have bought M$Office Professional for $300 (or bought an entire beatles compilation for $300) instead of getting a copy from a friend doesn't make it true.

      If it were true that thinking someone might have the intent of stealing made it fact, there'd be no need for "Break and Enter" as a crime.

      In most countries, when someone commits a petty misdemenor (and that's what copyright violation should be) police will wait to see "how far" the criminal will take the crime so they can pin the maximum number of charges on them (except, of course, taking it to the point of risking peoples lives).

      If a policeman sees you breaking into a house and stops you right away, unless he can find proof that you had intentions of stealing things (for example, you had a big truck and connections with a gang) the best he'll probably get you is a month or two in jail. Maybe. All you'll have to say to the judge is that you were going to play a prank.

      Same with piracy. Unless you can prove I was going to buy the software/music (receipts of a returned goods would work, or perhaps testimony from people you might have told you were interested in purchasing it from) there's no solid evidence, and noone is a thief.

      --
      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
    7. Re:lame slashdot editor's comment by astrashe · · Score: 2

      Is inciting murder wrong?

  20. Re:I never understood... by jridley · · Score: 3, Informative

    I'm sure there's something I don't understand about this, but...
    Sure they could move their servers offshore. But they still have to have a business located somewhere. If you have an office or employees in a country, you (or at least the portion of the company that those employees work for) need to follow the law in that country. Moving the server to Sealand doesn't mean that your office in New Jersey can't be issued a summons. Even if you incorporate offshore and have your employees telecommute, you need to have at least bank routing to get them their paychecks. The government can impound those accounts.
    Sealand only seems to me to be a good place for individuals to host info pages, not to run a business out of.

  21. Metallica's new CD title by ehiris · · Score: 2

    "God of puppets"

    Only one song on the CD will be worth listening to.

  22. Misuse of the word "literally" by Rupert · · Score: 3, Informative

    I'll let the misspelling go, because this is Slashdot. However, you buy "litteraly tons of DVDs". A DVD weighs about 15g. Let's be generous, and assume you were including the packaging in your wight calculations, which would put it up around 150g per DVD. A ton of DVDs would therefore be ~6600 disks and packaging. You have tons, i.e. at least two, so we conclude that you have at least 13,000 DVDs.

    Where do you keep them all?

    --

    --
    E_NOSIG
    1. Re:Misuse of the word "literally" by Fulcrum+of+Evil · · Score: 2

      You have tons, i.e. at least two, so we conclude that you have at least 13,000 DVDs.

      Maybe he does the buying for a couple of Suncoast stores?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:Misuse of the word "literally" by ShieldWolf · · Score: 2

      You are using it incorrectly as well:

      Main Entry: literally
      Pronunciation: 'li-t&-r&-lE, 'li-tr&-lE, 'li-t&r-lE
      Function: adverb
      Date: 1533
      1 : in a literal sense or manner : ACTUALLY
      2 : in effect : VIRTUALLY
      usage Since some people take sense 2 to be the opposite of sense 1, it has been frequently criticized as a misuse. Instead, the use is pure hyperbole intended to gain emphasis, but it often appears in contexts where no additional emphasis is necessary.

      Literally is an ADVERB. You can't buy LITERALLY anything.

      --
      just = (My)Opinion.toCents();
    3. Re:Misuse of the word "literally" by kaimiike1970 · · Score: 2

      Is that innuendo I hear? Are you coming on to Cowboy Neal? Is basement a euphemism for something perhaps? Don't be shy, at one time or another we have all considered getting a bit of Cowboy Neal.

      --


      Do a google search before posting.
  23. Property rights by Rupert · · Score: 2

    But the point is that it's their property, and they get to decide what to do with it.

    Except once they sell it to me, it becomes my property. That's what selling means.

    Of course, we have copyright laws to make sure I don't sell multiple copies of the work, but within those laws, it's my property, and I get to decide what to do with it.

    --

    --
    E_NOSIG
    1. Re:Property rights by CaseStudy · · Score: 2

      You're confusing the tangible medium with the expression contained therein. You can't distribute the latter independent of the former.

    2. Re:Property rights by astrashe · · Score: 2

      What does that have to do with Napster?

      I'm not saying that the RIAA is right across the board -- far from it. They are evil leeches. Fair use should be protected.

      The only way they look good is when they're standing next to apolgists for theft.

  24. Libraries completely killed the book publishers... by Futurepower(R) · · Score: 5, Insightful


    "Thank god the industry shut them down... now that piracy has been stopped they can all sleep much better."

    Remember what happened when Carnegie endowed thousands of libraries across the United States? Well, people could then get their books free! And the obvious thing happened: The book publishing industry never sold another book, except to libraries.

    Not!

    Then there was that second socially destructive technological advance, TV. Once people could get their entertainment at home, and without paying extra, the movie industry almost completely disappeared, except for sales to TV broadcasters.

    Not!

    Well, the movie industry was already dead, of course, but another technological advance, the VCR, killed it again. When people found that they could record perfectly good movies on video tape, they stopped paying for movies! It was completely logical and understandable that this would happen.

    Not!

    The fact is, no one completely understands the issues surrounding intellectual property. We can't write a good law if we don't understand. Someone must sit down and do the thinking, and the thinking hasn't been finished.

    The music industry is so abusive that I tend to stay away from music. I find that, when I have access to free music (tapes and CDs from the library), I become interested in a particular type of music and buy more, not less. Maybe there are a lot of people like me, because, during the height of Napster, the U.S. music industry had its best year.

  25. This guy is a fallacy by shawnmelliott · · Score: 2

    <sarcasm>
    Somebody please delete this post. According to Rosen people like the one above don't exist. Note that

    " I buy my music, because i like collecting CD's and records"

    We all know that NOBODY that uses Napster buys music because it is a den of thieves and lowlifes... I know this because the RIAA told me so

    Also..

    " I found it was an awesome way to find new music i hadn't heard... "

    This is another fallacy. The only music that you find on Napster is copyrighted, pirated, ripped illegal music. Music that you hear on the radio, media pressed, mainstreamed music. You don't find any other kind of music on Napster but illegal music. I know this because the RIAA told me so.

    so either this guy above doesn't exist... or the RIAA has been lying to me. And I trust the RIAA
    </sarcasm>

  26. Recording industry lost this one by einhverfr · · Score: 3, Interesting

    You raise some good points. However, I think that the real losers here include not only the Napster fans, but the recording industry, and the artists themselves.

    I remember reading an interview with one of the Grateful Dead members about their efforts to set up a free archive of their works. The interview was particularly telling because it tackled the question of piracy of music and its effects on artists from a very non-RIAA perspective.

    Basically, the Grateful Dead moved beyond tolerating piracy on the part of their fans (in an effort not to drive fans away) to actually appreciating it as a sort of free marketing. Note that the vast majority of the money that most artists make comes from performances and not from record sales.

    The real napster issues are really complex and involve the following topics:

    1: Unbalanced copyright law.

    2: Exploitation of artists by the record companies.

    3: Piracy.

    Piracy is wrong because it continues to feed the unvalanced system. Copyright law was originally conceived to create a richer culture, not richer media moguls. An unballanced system causes the same sorts of damage as no copyright protection for literary works. This is why fair use is so important.

    Piracy also has to potential to cause the same sort of damage by preventing literary works from being created in the first place.

    The real issue is-- Napster was the symptom, not the problem, and the RIAA, etc. are strangling our culture (and themselves in the process) trying to enforce their warped view of copyright rights.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:Recording industry lost this one by Mr_Matt · · Score: 2

      Piracy is wrong because it continues to feed the unvalanced system.

      Heh...you said 'unvalanced system.' I think we all agree it'd be a nicer system without Jack Valance. :)

      --


      But what does my opinion matter, I just vote here. It's not like I have any money or anything.
  27. Find a new horse... by TWR · · Score: 2
    this one has been beaten to death.

    Can we find a new joke to make for any "death of Napster/Gnutella/KaZaa/P2P" news?

    -jon

    --

    Remember Amalek.

  28. Re:Oh you so funny... by Erasmus+Darwin · · Score: 2
    "I acctually used Napster to grab old TV show themes and bootlegs of concerts that I could never in a million years make it to."

    Venues for...
    Television theme songs
    High-quality bootlegs for bands that permit concert taping

  29. digital music aquisition by bwt · · Score: 2

    I've been using AudioGalaxy, but I just read they are going to be sued, and presumably go under soon.

    What is the easiest way to get MP3's now that doesn't have a company that can be sued?

    1. Re:digital music aquisition by bwt · · Score: 2

      I've tried that, but I'm currently at an impasse with the vendors over price and order fulfilment time. In order to meet my requirements, I've had to outsource the function that you describe. Besides, felt-tip markers violate section 1201 of the DMCA and worse, occasionally cause discoloration of my fingers.

  30. Re:Napster gone finally... by morgajel · · Score: 5, Funny

    I've been trying to find blues travelers cover of johnny b. goode for 3 years now. the only place I've EVER found it was on napster. it was from a tape someone made at a concert. imagine john popper soloing on that song with his harp going at 3 times the normal tempo.

    I'd gladly PAY for that song, however I've yet to find a place that sells it, including www.bluestraveler.com
    Napster served one purpose and one purpose ALONE for me- rare bootlegs of songs the bands never put on cd. Oh, that and john mayer

    --
    Looking for Book Reviews? Check out Literary Escapism.
  31. Bankruptcy strategy by totallygeek · · Score: 2
    Couldn't they just release all their code to the public as their strategy for restructuring? Making Napster's configuration to allow for your choice of a server would be great, and if Napster sold the "server" for $100 or something, think of how many non-US servers would pop up.

  32. It's not an anti-piracy move... by xinit · · Score: 2

    Here's the thing; Napster isn't filing for bankruptcy as a result of government oppression or RIAA meddling or anything of the sort. They were simply a neat idea with no business merit at all. Napster:TOG was neat, and it was free... Maybe under the mistaken theory that they could get people addicted and then start charging $5 a month to the junkies to get access to the network. Not a workable solution, as we've all seen in the past, as free service after free service folded. They'd begin to realize that buying $5000 laptops for all their staff and cool cars for the execs didn't help the bottom line when there was no revenue at all. Ah, the post-IPO spending sprees.... Napster:TNG stood no better chance of making money. They were pinning everything on the BMG deal at the end, and as anyone knows, if your company only has one client, you're that client's bitch. N:TNG was effectively what resulted when the government and industry forced the company into the "charging" stage of a failing dot.com. Don't kid yourself that they'd have done alright if they'd been left to their own devices and moved to a subscription model on their own timing. People get pissy when they have to start paying for something that's always been free... Paying for Slashdot yet?

    --
    --- http://foo.ca
  33. Re:How does one incur debt pirating? by mickeyreznor · · Score: 2

    the central servers that napster used to connect weren't free, my friend. neither was their webserver.

  34. good point Taco by anthony_dipierro · · Score: 2

    Thank god the industry shut them down... now that piracy has been stopped they can all sleep much better.

    Yeah and it's a good thing we caught Timothy McVeigh, cause now there's no more terrorism in America.

  35. Re:Oh you so funny... by anthony_dipierro · · Score: 2

    I'd have a lot more sympathy when you guys whine and moan if you'd just go ahead and say it "They suck because they're shutting down my favorite piracy outlet."

    Then Taco would have to admit that he's a hypocrite who complains when others infringe on his copyright but then goes and infringes on others' works himself.

  36. Re:Libraries completely killed the book publishers by Peyna · · Score: 2

    It's funny how libraries are rarely attacked, because the industry probably knows that if they did that, there's no way they could get their agenda through. Libraries offer more than books, most offer videos, cds, dvds, magazines, etc. for to people to borrow for free.

    I'm glad that libraries are more protected that most places; especially with that required censorship bill being shot down a few days ago. (Although it will probably show up in the Supreme Court).

    Without libraries I would have never learned how to code or read 1/2 the books I read. Many of which I now own, because they were such good books I wanted to be able to read them again and share them with other people such as my family or kids someday.

    --
    What?
  37. No I'm not by Rupert · · Score: 2

    And yes I can. Or are you claiming I can't read a book aloud in front of my son's kindergarten class?

    --

    --
    E_NOSIG
  38. Re:Napster gone finally... by Anonymous Coward · · Score: 2, Informative

    If you're looking for live blues traveler you should check out furthur www.furthurnet.com. Its a free and legal mp3 live performance program that allows trading of artists who allow it. And blues traveler is on the list. Check it out.

  39. great grammar by RealisticWeb.com · · Score: 2

    Don't tell me nobody didn't see this coming

    I ain't never gonna not tell you somthin' that won't never happen, noways.

    --
    Sigs are out of style, so I'm not going to use one...oh wait..
  40. Re:Modded up as insightful? by anthony_dipierro · · Score: 2
    You're stealing, you know it, I know it, now be a man about it...
    You keep using that word. I do not think it means what you think it means.

    Well, according to CmdrTaco, it means the same thing as copyright infringement. "Thats totally a copyright violation... I wish people wouldn't steal."

  41. Re:I never understood... by VAXman · · Score: 2

    If they did business in the U.S. (i.e. had people in the U.S. connecting to their servers), then they would have to abide by U.S. laws for those customers. There are many, many precedents for this. Sure, they could set up shop in Sealand and serve up anything at all to the locals, but most people don't want to move to Sealand to get around free music.

  42. Re:Libraries completely killed the book publishers by maraist · · Score: 2

    I'm inclined to agree with you.

    There are several dynamic forces at work here, and whenever you have dynamics, you don't have absolutism.

    Negative forces:
    Economic free rider problem: Person one pays for a good/service, and person 2..n benifits for free. The problem is that if a firm knows that only 1 person will purchase, then they either have to fully charge, or not produce.

    Lack of control:
    When you control a comodity, you have a monopoly and can have secondary incomes ($4 drinks at the movies, for example). It's not garunteed profit, but it always helps. Presumably if secondary income is great enough, you can even reduce the price of the main good (i.e. MS Windows, amusement park entrance fees, etc) to maximize revenue. The music industry has numerous secondary revenue's. Most importantly, control over what is a best seller. Radio-brainwashing and store-marketing are key to make a pre-determined best seller. Search-based music downloading removes promotional viability. The general effect of brain-washing is to produce die-hard fans. I suspect that research would show that a hardened fan will spend more dollars than a casual fan (I know many such people). Thus it pays to have a fully polarized population; no matter what particular artist they're obsessed with.

    Open Market:
    The more competitors, the lower the viable price. If new *good* artists choose not to sign with record companies (because of the generation alternative distributions), then there will be popular media titles outside the revenue streams of existing big media. Since there's a limit to the total capable media-expendatures (namely everybody's income scaled by some reasonable amount), this necessarily reduces the amount of existing media giant purchases.

    Positive forces:
    Better competition:
    With the open-market item, more competition usually leads to more variety and better quality (though quality can go down when companies compete on price alone; but this doesn't seem to be the case in entertainment fields; there are enough consumers that are willing to pay premiums for entertainment).

    Cheaper:
    More efficient distributions means lower costs. (Don't have to print CDs, artists don't necessarily have to spend marketing dollars)

    Less purchasing risk:
    A negative effect of media marketing tactics is that you often purchase CDs which have minimal enjoyment (just as much as you knew it had to have, but not an ounce more; i.e. only liking a single song on a CD, sometimes less). A common tactic is bundling uninteresting goods with a single high-ticket item, and raising the price accordingly. MS learned this tactic well. With an search-based system, only the interesting media ever need be acquired. Thus the consumer would be less averse towards a given purchase (even if music is acquired for free, there is the economic cost of wasted bandwidth or time spent listening to bad music). Even if the consumer ultimately didn't like the media, they must have had some interest in acquiring it (word-of-mouth, flashy titles, etc).

    Greater economic welfare:
    Along with the above reduction in purchasing risk is the increase in the number of consumers that purchase what they want, which counts as increased utility. High economic welfare can be interpreted has having a greater level of total happiness.

    Luxury utility:
    Rational people maximize their time and minimize their frustration. This means that people are willing to make tradeoffs, such as exchanging money for services or goods that make their mundane work go faster, or go-away (such as hiring an accountant). Obviously, the more wealthy a person is, the more likely they'll spend money on simpler and simpler things (like parking a car). The same applies to the media industry. Some people will pay to not have to deal with burning a CD, or finding music, then downloading it. Beyond a certain point of wealth the time spent doing these things takes away from time working (e.g. physical loss of money) or in relaxing (time spent away from work). Thus there is a definite demand for the service of collecting media and making it readily available (such as a theater, the radio, or venues such as music stores (even online ones)).

    Conscious:
    Many people will obide by their conscious; feeling a desire to do good and support good things (such as artists that they like). It's the same as droping money into the hat of a street-musician. They too are plagued with the free-rider problem, but find some semblence of an income. In some european countries, you even have to audition to be allowed to perform in the subways (since it had a definite market). When you download trial-ware software, you're encouraged (on the honor system) to pay the author if you like it. A rational person will contribute since they know it'll encourage more such software which focuses on pleasing the consumer. The other aspect of consciousness is that when we go out of our way to circumvent a form of security, we know that's we're idealistically hurting someone else (if I sneak into someone's house, I'm hurting their sence of autonomy, whether they catch me or not). To continue with the act we either justify it (they make too much money anyway), live in shame or blow it off (usually a person that can casually blow things off tends to do so in all aspects of their life; psychologically being hardened). In general, the more good-willed a society is, the less hardened the people will be, and the less likely they'll have reasons to justify their free-rider position, equating to more good-will payments.

    Media Quality:
    Lets face it, currently MP3 isn't viable on hi-fi. It's possible to make this the case, but it's generally inaccessible to the majority of the population. How many people know how to hook up their computer to their stereo. How many people know how to turn downloaded MP3's into PCM files capable of saving onto a traditional audio-CD (playable on the hi-fi)? If a person doesn't care about the quality of highly compressed audio, and they have sufficiently high quality computer audio equipment, then this isn't an issue. But there are those (myself included) who are frustrated by _any_ popping or lack of quality due to audio-compression (or lack of full surround capability). Bandwidth is still too constrainted to acquire decent quality (DSL/cable only uploads at 15KBps), to say nothing of video quality. While this is only a temporariy issue (assuming we ever get to home gigabit down/upload streams), it still causes people like me to seek out legitimate DTS CDs, DVD-Audio, nearly-original-quality DVDs (meaning that even DVD does compress the video in sometimes noticable ways). Thus while I always try to make mp3 copies of my purchased CD's, I still make use of my originals in a CD-juke-box. Sure it lacks the flexibility of my mp3 jukebox, but this does not mean I don't have additional utility. Further, most people don't purchase RCA output jack-capable sound-cards (usually the Sound Blaster Gold series), so 1/8 connectors definately lose something over my fiber-optic CD-player-to-reciever with 14 gauge monster-wire-to-speakers-which-spread-throughout-m y-house.

    Tangibility:
    There is a bizzar human essence (or psychosis if you like) that desires tangibility. People tend to not feel content unless they can regress to their childhood and physically feel some otherwise abstract concept. To hold a CD, to know that even if my computer crashes, I still have my "originals". To "own a house", or "own a CD collection", are irrational, yet undeniable urges. There are many subtle undertoning advantages to such tangibility, but our higher level mind simply attributes the "good" flag to it. Thus, even though we might download a Nine Inch Nails song, we might purchase the CD and the DVD-video just to "have it". I believe that this is probably the single biggest contributor to the napster golden age for the media giants.

    Summary:
    Negative. The only negative that affects society as a whole is the free-rider problem which ultimately says "don't produce".

    Positive. There are natural financial markets in the media industry that counter-act the free-rider problem; namely good-will and quality-persistence (hi-fidelity), with the subtle tangibility aspect looming in the distance.

    --
    -Michael
  43. My how the times have changed. by bons · · Score: 3, Insightful
    "Thank god the industry shut them down... now that piracy has been stopped they can all sleep much better."

    It seems to be a far cry from the old days when the free software/open source movements were about letting the creators of a work choose the license and the distribution methods.

    Apparently, some of us have decided that that is a freedom that should be reserved for some of us, and not for everyone.

    If the large corporations in the music industry want to limit their distribution method and use antiquated licenses, we should respect their decision. They do not have a monopoly on music. There are alternatives and just as the open source community would prefer people using open source software, other musicians would like to get their music heard.

    For once, lets consider treating others the way we want to be treated.

  44. Indeed by Anonymous+Brave+Guy · · Score: 2
    Napster is gone, legally they're caught, but lets face it, P2P is quickly becoming a killer app, and Napster made that possible.

    Exactly. And God forbid that we should punish those who break the law after the event, rather than just letting them go free after they successfully establish a fait accompli.

    It's amazing how many of the same people who cry foul over Microsoft and feel they should be annihilated are outraged at Napster receiving a similar treatment. Hypocrites.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Indeed by Anonymous+Brave+Guy · · Score: 2
      Corporate ass-kisser.

      How on earth did you get that idea? I think they all broke the law, and should all be screwed for it. I just don't believe in conveniently not screwing one company just because lots of other people have also used it to break the law, as many here -- presumably those who have used it to break the law themselves -- apparently do.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  45. Re:Libraries completely killed the book publishers by swb · · Score: 2

    And the obvious thing happened: The book publishing industry never sold another book, except to libraries.

    When was the last time you went to the library, borrwed "War and Peace", photocopied it, bound it and *then* read it? Book copying doesn't happen because its a physical medium with dollar costs associated with duplication. It's the same reason Ford isn't pissed that Avis rents its cars -- what are you gonna do, copy it instead of buying your own?

    the movie industry almost completely disappeared, except for sales to TV broadcasters.

    Except that going to the movies is a totally different experience -- I don't have a 150ft screen or a room big enough to put it on in my house. Going to a movie is an experience -- out of the house, seeing a "current" film -- TV can't eliminate the experiential aspect of it or duplicate the significant physical differences of the big screen.

    When people found that they could record perfectly good movies on video tape, they stopped paying for movies

    Most people can't set the clock on their one VCR, let alone hook two up for dubbing. And it still begs the question as to where the source material comes from. Most people are too busy working, raising their kids, doing other stuff to bother with trying to dub movies -- they go to the rental store for $1 and rent something they feel like watching from a huge catalog of movies.

    I agree with your prinicpal, but at least draw defendable analogies.

  46. turn coat's burn me up by DEFFENDER · · Score: 3, Interesting

    well all is said and done for the people that dont understand that chapter 11's can be a blessing to a company. if you dont have enough money to run the company you go chapter 11 and you have a slime chance but you do have a chance to bounch back. microsoft crony's and the like that want it to be all done and over with are sending out the message the Napster is done for. go to http://www.business.gov/busadv/frame.cfm?urltest=h ttp://www.inc.com/incmagazine/archives/09930861.ht ml&catid=365&urlplace=maincat.cfm
    to read more.

    --
    Careful what you say around me.. I will assume you mean it.
  47. Photocopiers anyone? (Analogy alert) by drox · · Score: 2
    Comparisons to other (legal or illegal) technology abound. Is(was?) Napster more like a getaway car or a lockpick? I think it's more like a photocopier. A tool that can be used for good or evil. Yes, a lot of people photocopy copyrighted material without obtaining permission or paying royalties. But manufacturers continue to market photocopiers without fear of legal retribution from authors, publishers or the Gummint. Why is this? And why do I suspect that, if the photocopier were invented in 2002, it would be extremely illegal, and possibly even a threat to Homeland Security(tm)?

    When (insert technology here) is outlawed, only outlaws will have (insert same technology here).

  48. Um, have you been living in a cave? by Wakko+Warner · · Score: 2

    KaZaa just went under last week, too. Hell, it was even reported (okay, cut-and-pasted) on slashdot. So, you can fire up KaZaa all you want, but you won't get much from it.
    - A.P.

    --
    "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
  49. No. by Gorbie · · Score: 2

    I am not making that comparison.

    I am incredulous to anyone comparing copyright infringement on Napster to such an event. I never said the Boston Tea Party, anything Jesus did, or the freeing of the slaves was legal at the time. Actually, I did not discuss it at all.

    I merely questioned the sanity of someone that wanted to compare copyright infringement to events of that magnitude. Oh, and fancy phrases will not candy-coat the ENORMOUS magnitude of difference there is in claiming to OWN a human, to feed or not, violate sexually or not, let live or not, to STEALING music. Music theft is what I would term petty. It is stupid.

    I also never claimed to AGREE with the copyright laws. All I claimed was that they ARE laws, and stated that the correct way around the problem was to get the law changed!!! Breaking the law is NOT going to get it done. Wake up.

    1. Re:No. by ToLu+the+Happy+Furby · · Score: 2

      I am incredulous to anyone comparing copyright infringement on Napster to such an event.
      ...
      I merely questioned the sanity of someone that wanted to compare copyright infringement to events of that magnitude.


      Most of the events listed are only large in magnitude in hindsight. At the time things like the Boston Tea Party (~50 radicals commit vandalism in the midst of a boycott involving a few thousand people) or Rosa Parks' refusal to give up her seat (1 person acting as a test case to spark a boycott involving, again, a few thousand people) were small in magnitude. Or (promised I wouldn't get into it but) Jesus walking around Judea and preaching a new radical brand of Judaism. Only as part of the larger historical movements they are associated with is it clear that the magnitude of their influence was enormous.

      By any measure, the magnitude of Napster was much, much larger. 80 million users signed registered with Napster. Billions and billions of songs were traded. Unlike all the events listed, with Napster a substantial portion of those affected by the law actually joined in the "movement" against it.

      Now, whether history will judge Napster to have a magnitude nearly as large as what we now credit to things like the Boston Tea Party; well, it's too early to say.

      Oh, and fancy phrases will not candy-coat the ENORMOUS magnitude of difference there is in claiming to OWN a human, to feed or not, violate sexually or not, let live or not, to STEALING music. Music theft is what I would term petty. It is stupid.

      The comparison is not between the ability to own a person and stealing music but between the ability to own a person and the ability to own an idea. I, like most people raised in the Western intellectual tradition in the past 50 years, of course find owning a person the much more abhorrent idea. But the simple fact is that that is not the response that most people in most civilizations have had. Nor is it clear that the ability to own an idea is not also horrible, albeit something we are nonetheless rather used to.

      I also never claimed to AGREE with the copyright laws. All I claimed was that they ARE laws, and stated that the correct way around the problem was to get the law changed!!! Breaking the law is NOT going to get it done. Wake up.

      Wake up yourself. Part of the point of the original post was that, in many instances in history, breaking the law was a vital step in the movement to get the law changed (or to have some other similarly far-reaching effect).

    2. Re:No. by denshi · · Score: 2
      Gotama Buddha: 623 B.C. - 550 B.C. (vague records)
      Jesus of Nazareth: 6 B.C. - 27 A.D.? (again, vague records, and some monastic monkeying with chronology)

      so...

      early?? No.

  50. MOD PARENT UP by Tokerat · · Score: 2


    Although the parent's author uses what reads like slightly broken english, I dont' think i've ever seen this point more well put.

    --
    CAn'T CompreHend SARcaSm?
  51. Geeks and their nonsensical analogies by Tokerat · · Score: 2


    I'm sorry, I'm sure you're a smart guy and all, but P2P is hardly comparable to terrorism, especially in this case.

    This is more like sueing U-Haul until they go out of business because you can carry fertilizer bombs in their trucks.

    Same as Slashdot is not responsible for the comments posted because they where NOT POSTED by Slashdot, Napster was not responisble for the illegal MP3s posted on their service because they where NOT POSTED by Napster.

    --
    CAn'T CompreHend SARcaSm?
  52. Re:You're SOOOO noble. *gags* by WNight · · Score: 2

    Even if it is, which isn't clear, it's a stupid law.

    If laws don't reflect the will of the majority, they're stupid laws. People ignore stupid laws.

    If companies want fair treatment from consumers, they need to treat them fairly. If they buy a law (like Disney and copyright extensions) that allows them to cheat consumers, they should be suprised to see consumers with no concern about cheating them.

    Ignore a law today!

  53. The world exists beyond the US by Anonymous+Brave+Guy · · Score: 2

    Fortunately, in some places, the law is actually comprehensible to the average man, and it isn't necessary to pay just to read your own laws. We prefer to keep them in the interests of justice rather than lining the pockets of lawyers serving international corporations, y'see.

    While you may have a Home Recording Act that may or may not allow Napster-like behaviour, other places certainly don't. In the UK, for example, you can't arbitrarily copy a music track just because you own a recording of it in some form. (This may or may not be a good decision, but it is the decision. I help run a dance club in my spare time; trust me, I'm no lawyer, but I'm quite familiar with UK law in this respect.) There is pretty much no scope at all for claiming that Napster wasn't abused under UK law, which essentially operates on a "copyright owner must give explicit permission" sort of basis.

    Now, if Napster are operating out of the US, this raises the as-yet-unsolved problem of jurisdiction on the Internet. But my point is that in some places it is cut and dried that Napster was facilitating the breaking of the law. Granted I said "our legal systems" without being aware of the possible ambiguity under US law, but elsewhere that ambiguity may be no more plausible than "I don't know if I can shoot someone dead at 5pm on a Thursday night from 13.64m away, because no-one's ever done exactly that before". You can just turn around and point to clear, unambiguous legislation that makes it illegal.

    Napster was a test to see how P2P music sharing would be interpreted in terms of law and public policy.

    Ah, baloney. Napster was a blatant attempt to capitalise on the Internet bubble and people's intense desires to rip things off. The only people who refuse to acknowledge this are those who've saved a fortune by pirating material they should have paid for, who are seeking some legal basis to justify their own actions because they know damn well that what they did was morally wrong.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  54. Oh, they have. . . by Goonie · · Score: 2

    Occasionally the book publishing industry does try and nibble away at libraries' privileges. They mostly lose because of the wonderful image libraries tend to have. There have been /. stories in the past on just this point (somebody else can dig them up if they're interested).

    --

    Any sufficiently advanced technology is indistinguishable from a rigged demo
    --Andy Finkel (J. Klass?)
  55. Hating statistics, but... by Gorbie · · Score: 2

    check out crime rate statistics in states like NH and Maine, where owning a handgun is easy. They are soooo much lower than in other states where it takes an act of congress to get one.

    Fortunately for the New Hampshire crime rates, they don't count what Jeb did with his sister-mother ;)

    (just kidding... ;)

  56. Re:Libraries completely killed the book publishers by kubrick · · Score: 2

    When was the last time you went to the library, borrwed "War and Peace", photocopied it, bound it and *then* read it? Book copying doesn't happen because its a physical medium with dollar costs associated with duplication.

    I photocopied most of a book once at the university library -- maybe 200 pages or so. Obviously I would have bought it if I could, to avoid RSI from operating the damn ohotocopier if nothing else :), (and I eventually did find a secondhand paperback about 3 years later) but it was at least 20 years out of print at the time, and I would have had no chance of finding it in a bookshop. Borrowing wasn't an option, for some reason I forget -- I probably needed it for longer than the two weeks I'd be able to have it, and there were other people waiting to borrow it, or something like that.

    Total cost of photocopying was probably close to A$9.00, and the book must have cost me about A$2.50 when I did eventually find it. :/

    Obviously, if the information is important enough, (some) people will do it... in fact I think libraries are actually allowed to, at least in this country, for out-of-print books -- I was always seeing a few of these on the shelves, with photocopied 'out of print' letters from the distributors stapled to the front.

    --
    deus does not exist but if he does
  57. Some mates. by red5 · · Score: 2

    Perhaps because you walked in wobbling across the floor, he could see you holding the car keys and your Porsche in the car park, and then he served you anyway, even when your mates warned him that you were going to drive home?

    What the hell kind of mates would let a you drive drunk?
    The same sort that drive Porsches I guess.

    --
    I know I'm going to hell, I'm just trying to get good seats.