This website uses cookies to ensure you have the best experience. Learn more

The Music Fans Vs. The Music Industry

607 words - 3 pages

Is downloading songs off of Napster morally acceptable?

I. Utilitarianism

II. Deontological

The court ruling violates Napsters First Amendment right of free speech. An order to shut down Napster would "silence the entire Napster community", violating the users free speech rights as well.

Napster has not violated any laws. "Users are not direct copyright infringers because they are covered by the immunity granted by the AHRA, Audio Home Recording Act." This act explicitly allows unlimited copying for personal use. Section 1008-immunizes all non-commercial consumers copying of music in digital or analog form.

III.
        Decision

Its always been said that if you build a better and more sophisticated rat trap, you only develop a better, even more sophisticated rat. The same goes for Napster. If you shut ...view middle of the document...

Shawn Fanning, creator of the Napster "monster", isn't responsible for what users do with the information pulled off of his server. If so, does it also mean that I can sue the Nissan car company if someone runs their Sentra into my living room? No. The car company is not liable after the consumer takes the vehicle. So should it be for companies such as Napster.

Another approach to "place blame" would be to look at the companies who make the machines and devices that record or 'burn' files. Most consumers today won't even purchase a computer that doesn't have a CD/DVD burner in the hardware package. This feature alone boosts the revenues of computer companies such as Dell and Gateway. Technology is giving consumers the tools that 'break the laws' (i.e. CD-R's, CD-RW's, Burners, etc.) yet society wants to prosecute when they are used. Why not file suit against the billion dollar companies like Sony or Toshiba for manufacturing the devices for public purchase?

Stopping one company such as Napster won't stop the injustice of file swapping. The only resolution that will come of this case is a disclaimer notice on all the file swapping websites warning its users of the legal ramifications that will come if they sell the files or use them for any type of monetary gain... a small 'legal loop' that keeps the company from being held liable for what the users do afterwards. Do I believe downloading from Napster is morally acceptable? Yes.

Works Cited
"A & M Records v. Napster: MP3 File Sharing Disputes Continue in the Aftermath of

Recent Court Rulings." UCLA Online Institute for Cyberspace Law and Policy. 10

Aug. 2001

Borland, John, and Cecily Barnes. "Judge issues injunction against Napster." 26 July

2000. CNET News.com

Picker, Randal C. "Copyright as entry policy: The case of digital distribution." Antitrust

Bulletin. New York: Summer 2002. Vol 47, Iss 2/3; pg 423.

Find Another Essay On The Music Fans Vs. The Music Industry

Evolution of the MUsic Industry Essay

924 words - 4 pages a change in production which lead into records and cds, the cd market started to fall through so we decided to revolutionize the way of receiving music with the internet. The beginning of the music industry was unique because it wasn’t all about how much money you made. It was about making a difference in the world rather than if you could survive off of the money you made. People wanted to spread the word about important things going on in life

Ethics in the Music Industry Essay

2424 words - 10 pages 1. IndustryThe music industry includes sub-industries from diverse classifications such as information and communication, programming and broadcasting activities, education, arts, entertainment and recreation and manufacturing and retail sales. Under the International Standard Industrial Classification (ISIC), the music industry is the business of music which is responsible for the production, sales and publishing of music and related

Globalization and the Music Industry

2722 words - 11 pages In this paper I will review how globalisation has impacted the Music Industry in recent years, and in particular the US multi-national Universal Music Group (UMG). The term globalisation is defined as “the process by which businesses or other organisations develop international influence or start operating on an international scale” (Definition of globalization). People’s view of globalisation varies depending on a number of factors including

GCSE Media - The Music Industry

1550 words - 6 pages Music basically means genre. Music is split into several sub-genres these include; Reggae, blues & soul, classical, classic rock pop, dance, experimental, folk, country, jazz, pop, rock & alt, urban and world.Reggae is a style of music developed in Jamaica and is closely linked to the Rastafarian movement, though not universally popular among Rastafarians. It is founded upon its rhythm style, which is characterized by regular chops on

The Bussnies Side of the Music Industry

1973 words - 8 pages has found many ways to let the fans listen to the music they love. Internet streaming radios like Pandora are having to pay artist for copyright reasons. The music industry had two significant changes in the 21st century: the physical albums have dropped but streaming music has increased, even though artist get little to nothing in return. How did the music industry started to get the music out to the people? At first it started with the

The Truth About the Music Industry

3370 words - 13 pages Music is universally known as an expression of emotion, rebellion against the man, a way of life, a random collection of sounds, an annoying thing kids listen to, or even a vacation from everything, but in reality music is free of all definition. The industry involved in buying, selling and recording of music has grown so old, treacherous, and ignorant that it can not figure out the steps it needs to evolve with the rapidly expanding music

the effect of internet on music industry

661 words - 3 pages The Internet has been hailed as one of the most prolific inventions in modern times. Although many believed it to be a passing phase at its inception, it has proven to be a driving force especially in the business world. Most industries have seen a boom in business due to the access of the global market the Internet draws. However, many have had to deal with the increase in competition. The music industry is no stranger to some of these

Making It: Success in the Music Industry

2620 words - 10 pages industry. Clothing styles do not directly connect with music, but the consumers notice what certain musicians wear and often mimic the same attire. Fans of certain bands want to be just like their idols that they listen to on their stereos. As a musician, it is quite beneficial to start a new trend of clothing styles that draw people in to be more associated with the music. It is almost like a game where musicians fight to gain the respect of the

Technology Analysis: Spotify and the Music Industry

3358 words - 13 pages way music fans legally listen to their music and also shifts the revenue stream sources in the music industry. Another prospective contender to the on-demand music scene is rumored to be Amazon. Amazon Prime already incorporates video streaming into the company’s service, and there have been talks that Amazon has been negotiating deals with several record companies. (Camp, n.d.) Although these allegations are not substantiated yet, it does

New Challenges faced by the Music Industry

2725 words - 11 pages New Challenges faced by the Music Industry David Brine The music industry faces new challenges, both technological and legal, and must learn to embrace, or work with these, while protecting their rights as producers. The new phenomenon of the MPEG Layer 3 encoding (MP3) and the peer-to-peer networks present a challenge to the traditional recording and distribution methods. Before now, there has never been a large-scale piracy network such as

Music Industry

2249 words - 9 pages volume of creative output the industry produces. The industry in Jamaica has experienced problems with high levels of piracy due to the lack of copyright and IPR enforcement. It can be argued then that the best way to stop illegal procurement of music through downloading would be to make it free. Some artists have opted to allow download of their music through a “pay what you want” system where fans can choose to pay some, none, or more of

Similar Essays

The Music Industry Essay

6981 words - 28 pages         Measurement of attitudinal components         13 2.2.3.1         The Fishbein model         14 2.3         Review of the music industry         17 2.3.1         The business model         17 2.3.2         Company activities         18 2.3.3         Legal music services         19 2.3.4         Controversial music services         19 2.3.5         Attitudes about paying

Changes In The Music Industry Essay

964 words - 4 pages allow fans have access to videos, demos, exclusive merchandise, and most importantly each other. Social networking has allowed for fans to be in direct contact with artists and labels. Social media basically has changed every aspect of the music industry. Lastly, one major change in the music industry is the adaptation of streaming services. Streaming services are a recently new business in the music industry that allow for consumers to stream music

Changes In The Music Industry Essay

2608 words - 11 pages The music industry is an ever-evolving world that continues to puzzle many artists and fans alike. The changes witnessed by this industry since the 1960’s through the 1970’s, when music was at its prime, are significant and cannot be ignored. Over the many years since, many individuals have lost interest in music and, inversely, many others have developed a deep affection for the new brand of music. There are a number of people who argue

Censorship In The Music Industry Essay

677 words - 3 pages Censorship in the Music Industry Censorship in the music industry can be divided into two categories involving new music technology and music products. In the United States, the issue of censorship doesn’t necessarily concern music products but rather new music technology. The music industry has become increasingly concerned with the online peer-to-peer services like Kazaa and Morpheus using the MP3 format or motion pictures expert