As other's have noted "lawful" and "legal" are not necessarily related to "ethical." That this is so true really bites, doesn't it? I once commented to a trial judge that what was transpiring in his court room wasn't justice. Not the expected rebuff, his response left a strong impression of coming from someone who had just been reminded of a lesson learned long ago, but one they still found disgusting. "Don't confuse the law and justice. They are not always the same." I still vividly remember suddenly seeing him as a new, still wet behind the ears, going to change the world attorney who had suddenly learned one of the sad realities of the world. Years later it obviously saddened him to inform me of this fact. But it is a fact, so let's not confuse what our ethics say is right and on which side the law falls.
To me the proper use of Napster-like services is allowing access to music not otherwise readily available for which the use of has been *authorized by the owner* for download. Used in that vein it would be a boon to the market and struggling artists alike. Sadly, that is not how it is normally used. The founders of Napster even offered that perspective in their initial defense. To their chagrin, log files from their company showed that even they were guilty of downloading music primarily from artists like Madonna and the Rolling Stones, not niche titles or arcane artists.
In specific response to Cornfedboy, I am *not* clear about Napster's position relative to the law except from an ethical perspective and know that doesn't mean squat when sorting out the legalities. The answers to that laundry list of issues will come from the courts. Current law is apparently equally unclear on the issue and will be until precedence is established or new statutes are passed and tested.
My belief is the courts will find primarily with RIAA because a) doing otherwise will create a terrific mess with respect to existing copyright law and b) no judge wants to have a decision overturned by a higher court. It is a given that the RIAA will persist until they win, be it with this case or another or by pressuring Congress to pass statutes protecting their property. The Napster case could indeed be just the tip of the iceberg.
Regarding the reference to David Byrne, that's a case of mistaken identity. Any sembalance my words might have had to a pre-existing work was purely coincidental...
To me the proper use of Napster-like services is allowing access to music not otherwise readily available for which the use of has been *authorized by the owner* for download. Used in that vein it would be a boon to the market and struggling artists alike. Sadly, that is not how it is normally used. The founders of Napster even offered that perspective in their initial defense. To their chagrin, log files from their company showed that even they were guilty of downloading music primarily from artists like Madonna and the Rolling Stones, not niche titles or arcane artists.
In specific response to Cornfedboy, I am *not* clear about Napster's position relative to the law except from an ethical perspective and know that doesn't mean squat when sorting out the legalities. The answers to that laundry list of issues will come from the courts. Current law is apparently equally unclear on the issue and will be until precedence is established or new statutes are passed and tested.
My belief is the courts will find primarily with RIAA because a) doing otherwise will create a terrific mess with respect to existing copyright law and b) no judge wants to have a decision overturned by a higher court. It is a given that the RIAA will persist until they win, be it with this case or another or by pressuring Congress to pass statutes protecting their property. The Napster case could indeed be just the tip of the iceberg.
Regarding the reference to David Byrne, that's a case of mistaken identity. Any sembalance my words might have had to a pre-existing work was purely coincidental...