[March
22,
2000]
The Flap Over MP3
Can you hear the latest sounds coming out of the music industry? Is it
a new country girl pop band? The latest team of teenage boys harmonizing
to fluffy love songs? A new alternative band with torn jeans and pierced
body parts? Noit's the sound of lawyers across the industry putting
their gloves on. A fight of epic proportions is brewing over a seemingly
harmless bit of technology -- the MP3 file. To be honest, the fight isn't
really over the technology of MP3 itself: the music industry claims it is
perfectly happy having artists distribute their own MP3 versions of their
songs, as long as they are able to keep hold of the copyright and the
earnings. The true flap is over sites which allow users to download and
share MP3 files -- most notably MP3.com
and Napster.com.
Enter the Recording Industry Association
of America (RIAA). The Association filed a lawsuit against Napster on
December 7, 1999, and quickly followed that suit with one filed against
MP3.com on January 21st of this year. Just to make things more
interesting, in early February MP3.com filed a lawsuit against the RIAA
charging the organization with unfair business practices. There is no
doubt this is the beginning of a wide-ranging saga that will have
important and long-term implications for the delivery of entertainment
over the Internet.
The controversial Napster.com is a site on which music lovers can share
music in MP3 format, or compressed sound files that can be downloaded and
stored. MP3 files can be created using a program called a ripper, which
converts tracks from a standard compact disc into a .wav file, which can
then be converted into an MP3 file using an encoder. The songs are
available through Napster.com, but the actual MP3 files are stored on
users' hard drives -- not on the actual site, which simply acts as a
directory of which users have which files. This is an important legal
distinction, because lawsuits against Napster cannot charge the company
directly with copyright "piracy"; they can only allege that
Napster is encouraging and facilitating piracy.
So who is contributing to the staggering amount of material available
on Napster, be it legal or illegal? Just about everyone, it seems. The
site is enormous and popular. So popular, in fact, that a number of
colleges and universities have had to block access to it on their
university intranets, saying the enormous bandwidth requirements for
transferring MP3 files were chewing up the universities' intranets.
The entertainment industry is understandably panicked. With a moderate
amount of software and hardware, you and I might never need to enter a CD
store again. Once I've got the MP3 files I want, what's to stop me from
burning my own CD? The answer is absolutely nothing. For a few extra
cents, I can buy an empty jewel case and CD labels for my printer, so I
can even package it to look professional. What would stop someone from
making multitudes of these CDs and selling them on a street corner? Again
absolutely nothing.
The interesting angle on this particular tangle of litigation is that
no one is keeping very quiet about their beefs with one another. All three
sites -- MP3.com, Napster.com and RIAA.com -- are publicly airing the
details of the lawsuits. MP3.com has posted on its site both text of the
RIAA's lawsuit and a copy of a letter from Hilary Rosen, president and CEO
of the RIAA, to Michael Robertson, CEO of MP3.com, informing him that the
suit had been filed. The RIAA has posted press releases on the suits and
an FAQ-style page on its site outlining why it feels the need to take
legal action.
The RIAA is irked with MP3.com because it operates for-profit, making
money off sound recordings it does not own and has not licensed. The suit
against Napster alleges that the site "enables" piracy. The RIAA
goes to great length to not appear biased against MP3 technology as a
whole, just misuse of it. It fails miserably, in the way a police officer
will tell you he has no problem with the fact that you have a radar
detector, just that you use it. Yeah, whatever.
So what's the solution? Let the entertainment industry have its way and
strangle MP3 technology the way it deep-sixed commercial use of digital
audio tape (DAT) back in the 80s? That doesn't seem likely. The U.S.
entertainment industry may be huge and powerful, but even it has little
hope of stifling Internet users. So far, record companies have sought to
get the public's support by offering comments from various artists on the
evils of MP3 piracy. The lead singer of Creed, an extremely popular
alternative rock band, was quoted as saying Napster is "robbing him
blind." A representative for the band Hootie and the Blowfish has
told the public that this type of Web site "makes us sick." (I
could offer a personal and relevant comment about Hootie and the
Blowfish's music at this point, but I'll keep it to myself in the interest
of not alienating any readers.)
It's a little hard to feel sorry for multimillionaires complaining
about losing money. However, we can hardly expect the entertainment
industry to throw up its hands and say "Whatever. What's a few
hundred million dollars?" The film industry must be getting nervous
as well: A few years down the road, with improved compression techniques
and ultra fast bandwidth technologies, what's to say I won't be able to
download films?
We can roll out all the legislation we want designed to protect the
entertainment industry, but the Internet has no national borders. The only
thing legislation might do is make MP3 users in other countries happier
and more willing to share their files.
Speaking of legislation, all the current legal posturing has been
taking place around a centerpiece: a U.S. Congressional document entitled
"The Digital Millennium Copyright Act." The act was ostensibly
created to protect copyright laws for intellectual and artistic property,
but much to sites like Napster.com's benefit, it includes a statute that
"limits Internet service providers from copyright infringement
liability for simply transmitting information over the Internet." In
other words, this document won't be of much help to the RIAA.
Some members of the entertainment industry are attempting to take a
realistic approach to the issue. Young people under the age of 25 are huge
consumers for online music, but they are also huge consumers for
purchasing CDs and are responsible for most of the sales of certain types
of music -- rap and alternative, for example. Alienating one's consumers
is never a good way to do business (surprise!) and as a result, many
players in the music industry are showing signs of willingness to discuss
compromises and alternatives.
In any case, the next year should be a good show for anyone interested
in following this dispute. To pass the time while waiting, why not go find
some of your favorite music online?
Hootie and the Blowfish fans can direct their protests to troth@tmcnet.com.
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