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Saturday, April 13, 2013

The Music Fans vs. The Music Industry

Is downloading songs off of Napster morally acceptable?

I. Utilitarianism

II. Deontological

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

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

III.         Decision

Its always been give tongue to that if you build a better and more train vomit trap, you only develop a better, even more sophisticated rat. The same goes for Napster. If you shut Napster down, the servers--which were streamlined under the Napster umbrella--wont stop working. In fact, downloading will continue on with little or no hiccup from Napsters doom. Now users will just seek surface a bigger and better Napster copycat.

File swapping is no different than copying a VHS tape or burning a CD with a CD burner, or even using a copy machine to copy pages out of a book. totally three are a form of copyright infringement, in time is covered under the AHRA as legal as gigantic as its for personal use. Shawn Fanning, creator of the Napster monster, isnt responsible for what users do with the information pulled off of his server. If so, does it also mean that I lav sue the Nissan car company if someone runs their Sentra into my living way of life? No. The car company is not liable aft(prenominal) the consumer takes the vehicle. So should it be for companies such as Napster.

An some other approach to level blame would be to look at the companies who make the machines...


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This is a truly informative and well-researched piece. I agree whole-heartedly with your view on this situation. After Napster was originally shut down, I just started leaving to other peer-to-peer fileswapping programs. As long as the music is not being resold, thither should be no problem.


On the other hand, there will soon arise the problem of overlap movies from DVDs, and I feel this will incite a more fiercer betrothal from the movie industry. Music can always be performed live, and artists can do many other things such as touring and selling merchandise to make money, but once filesharing is popularized for movies, there will be a much different battle at hand. I know that wasnt the subject of your piece, but it is very relevant to these types of peer-to-peer programs. Good job overall. I enjoyed this short essay.

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