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Vol. I, No. 6Sugaring / Spring EquinoxMar. 16th, 2001

Computers & Technology
Tech Bytes

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Nap Time for Napster?

Napster's © Notice
Click on it to go
to the Napster site

The fight had been going on for a while, but finally, a federal judge has ruled that Napster, the on-line music swapping phenomenon, must block all downloading of any copyrighted music. 

Does this spell the end of free music downloads?  ... 
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Not hardly.  ...

A Little Memory Goes a Long Way ...
Years ago, in the world of 'vinyl', you bought your 45's or LP's, listened to the new clean sound, then listened again and again as the inevitable pops, crackles & hisses  developed as the record became worn.  In those days, whoever had the bucks could invest in reel-to-reel tape.  But it wasn't until the intro of cassette tapes that the home music enthusiast finally had a way of making copies of his or her treasured music collection.  You could dub a copy from a master -- whether record or another tape -- then secret the master away for the day when, almost inevitably in the early days of cassettes, your copy would drop the head cushion, or the tape would get eaten.  But, no problem.  You still had the master to make another copy from.

Then came digital audio and the now ubiquitous CD.  The much-heralded quality of the digital sound had many such enthusiasts rush out to get their CD player, even if they would no longer have a ready way of making copies.  But, lo & behold, with the development of CD burners, copies of this medium, too, became possible.  But there was one other development that made making copies of music more common than any Hi-Fi buff could have ever dreamed -- the Internet.

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With increasing bandwidth and network connections that spanned the globe, music fans now had a means of exchanging songs on an unprecedented level.  Napster saw the proverbial handwriting on the wall and jumped in with both feet, providing a useful interface and search capabilities that made finding the songs you were after a mouse-click away.

That's Copyright, Not Copywrite ...
Needless to say, this arrangement made the music publishing industry anxious.  If fans could download tracks for free and burn their own CD's, then how could intellectual property rights be defended?  And {Let's not kid ourselves here.}, where would the profits come from?  But now, with the judge's ruling, it seems, at least in theory, that the music industry has had its day in court.
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Whether the ruling will actually be effective is another story.  How one would go about determining whether a particular copy of a particular file was, in fact, someone else's intellectual property is pretty straightforward.  But when the task is to sift & sort through hundreds of thousands if not millions of such copies, that is another matter.  And, if you're not already aware of the fact, you should understand, too, that Napster doesn't have tons of music tracks sitting somewhere in a warehouse filled with servers and hard disks.  The beauty of Napster was that it was simply an interface, a means for facilitating exchanges and searches.  All the music is actually residing on the PC's of millions of Napster users all over the globe.  So how Napster is supposed to effectively go about stopping such exchanges is pretty much a mystery.

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Aiding & Abetting?  ...
But, even supposing that the ruling can effectively keep Napster from conducting or facilitating what the court has deemed to be illegal practices, that will not stop music exchanges and downloads from continuing.  Just as reel-to-reel tapes ad cassettes came along to provide the technology necessary for making copies -- like the photocopier made copies of print media possible, Beta & VHS made copying those media possible, and the home PC made copying to floppy disks possible -- now, digital audio and the devices to record it are here to stay.  There is no changing that.

Long before the high profile Napster case, then, there were other means and other sources for free music copying and free music downloads.

They will, inevitably, continue.  ...

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Lou Colasanti, Editor & Laura Wisniewski, Associate Editor
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