Napster

For Napster, Inc. (formerly Roxio), and the paid Napster music service see Napster (pay service).
Napster logo: Cat wearing headphones.

Napster is an online music service which was originally a file sharing service created by Shawn Fanning. Napster was the first widely-used peer-to-peer music sharing service, and it made a major impact on how people, especially college students, used the Internet. Its technology allowed music fans to easily share MP3 format song files with each other, thus leading to the music industry's accusations of massive copyright violations. Although the original service was shut down by court order, it paved the way for decentralized P2P file-sharing programs, which have been much harder to control. The service was named Napster after Fanning's nickname.

Origins

Shawn Fanning first released the original Napster in the fall of 1999. Fanning wanted an easier method of finding music than by searching IRC or Lycos. John Fanning of Hull, Massachusetts, who is Shawn's uncle, helped him incorporate the company. The final documents gave Shawn 30% control of the company, with the rest going to his uncle. It was the first of the massively popular peer-to-peer file sharing systems, although it was not fully peer-to-peer since it used central servers to maintain lists of connected systems and the files they provided, while actual transactions were conducted directly between machines. This is very similar to how instant messaging systems work. Although there were already media which facilitated the sharing of files across the Internet, such as IRC, Hotline, and USENET, Napster specialized exclusively in music in the form of MP3 files and presented a friendly user-interface. The result was a system whose popularity generated a large selection of music to download.

At the time Napster was released, there was a general perception that the quality of new albums had decreased. Many people said that albums contained only one or two good songs, along with many low-quality "filler" songs. People praised Napster because it enabled them to obtain hit songs without having to buy an entire album (or indeed, pay at all). Napster also enabled people to obtain older songs, copies of music they had already paid for in another format, unreleased recordings, and songs from concert bootleg recordings. With the files obtained through Napster, people frequently made their own compilation albums on recordable CDs for free, without paying any royalties to the artist/composer or the estate of the artist/composer.

Legal challenges

Napster's facilitation of illegal activity raised the ire of several major recording companies, who almost immediately — in December 1999 — filed a lawsuit against the popular service,[1] (http://en.wikipedia.org/wiki/Napster#endnote_amrecords) already called a "a huge grassroots effort" by MP3 Newswire.[2] (http://en.wikipedia.org/wiki/Napster#endnote_grassroots) The service would only get bigger as the trial, meant to shut down Napster, also gave it a great deal of publicity. Soon millions of users, many of them college students, flocked to it.

Heavy metal band Metallica discovered that a demo of their song "I Disappear" had been circulating across the Napster network. This eventually led to the song being played on several radio stations across America. The band responded in 2000 by filing a lawsuit against the Napster service. The lawsuit was a failure, but 300,000 Napster users were banned from the service for sharing Metallica mp3s. Later that year, Madonna became irate when one of her singles leaked out on to the web and Napster prior to its commercial release, causing widespread media coverage.[3] (http://en.wikipedia.org/wiki/Napster#endnote_madonna) Napster use peaked with 26.4 million users worldwide in February 2001.[4] (http://en.wikipedia.org/wiki/Napster#endnote_peak)

At the time, the lawsuit puzzled Napster users and supporters. To them, it seemed that file sharing was inevitable on the Internet, and it was not Napster's fault that people used the service to share copyrighted files. These users viewed Napster as a simple search engine. Many argued that any attempt to shut down Napster would simply lead to people using a different medium to exchange files over the Internet. Similarly, many supporters of Napster were concerned about the media's constant use of the word "site" to describe the service, a word which seems to imply that Napster was distributing files itself rather than facilitating their exchange.

Shutdown

After a failed appeal to the Ninth Circuit Court, an injunction was issued on March 5, 2001 ordering Napster to prevent the trading of copyrighted music on its network.[5] (http://en.wikipedia.org/wiki/Napster#endnote_injunction) In July 2001, Napster shut down its entire network in order to comply with the injunction. On September 24, 2001, the case was partially settled. Napster agreed to pay music creators and copyright owners a $26 million settlement for past, unauthorized uses of music, as well as an advance against future licensing royalties of $10 million. In order to pay those fees, Napster attempted to convert their free service to a subscription system. A prototype solution was tested in the spring of 2002: the Napster 3.0 Alpha, using audio fingerprinting technology licensed from Relatable. Napster 3.0 was, according to many former Napster employees, ready to deploy, but it had significant trouble obtaining licenses to distribute major-label music.

On May 17, 2002, Napster announced that its assets would be acquired by German media firm Bertelsmann AG for $8 million. Pursuant to terms of that agreement, on June 3 Napster filed for Chapter 11 protection under United States bankruptcy laws. On September 3, 2002, an American bankruptcy judge blocked the sale to Bertelsmann and forced Napster to liquidate its assets according to Chapter 7 of the U.S. bankruptcy laws.[6] (http://en.wikipedia.org/wiki/Napster#endnote_blocked) Most of the Napster staff were laid off, and the website changed to display "Napster was here".

Promotional power

With all the accusations that Napster was destroying the record industry there were those who felt just the opposite, that file trading on Napster actually stimulated, rather than hurt, sales. Proof may have come in April 2000 when tracks from Radiohead's album Kid A found their way to Napster three months before the CD's release. Unlike Madonna, Radiohead never hit the top 20 in the US. Furthermore, it was an experimental album that received little promotion and almost no radio airplay. As Richard Menta of MP3 Newswire described,[7] (http://en.wikipedia.org/wiki/Napster#endnote_kida) it was a perfect vehicle to test this theory as the effect of Napster was isolated from other elements that could be credited for driving sales.

By the time of the record's release Kid A had been downloaded by millions of people worldwide. The record industry braced for the worst, but then came the big surprise. Kid A not only broke the top 20, it captured the number one spot on the charts in its debut week. The record beat out the CDs of some of the most heavily marketed artists of the time including Madonna and Eminem. In the absence of any other force that could account for this success Menta declared this was proof that Napster was a promotional power.

Final fate

After a 2.4 million dollar offer by the Private Media Group, an "adult entertainment company",[8] (http://en.wikipedia.org/wiki/Napster#endnote_porn) Napster's brand and logos were acquired at bankruptcy auction by the company Roxio, Inc. which used them to rebrand the Pressplay music service as Napster 2.0. As of 2005, this new service has met with moderate success.

Although the central servers used by Napster made it a convenient legal target, the record industry failed to capitalize on the power vacuum left in its wake. The years between Napster's demise and the emergence of the iTunes Music Store as the first popular pay-service were squandered as the five major labels bickered amongst themselves, launching the user-unfriendly, restrictive, and mutually incompatible subscription services Pressplay and MusicNet.[9] (http://en.wikipedia.org/wiki/Napster#endnote_musicnetpressplay)

In the meantime, the peer-to-peer filesharing (or P2P) trend Napster started soon resumed, with new programs and networks picking up the torch. Unofficial Napster servers proliferated, aided by a program known as "Napigator", and a second generation of P2P protocols (including FastTrack and Gnutella) were quickly developed. Designed as decentralized networks, these have been much more challenging for copyright owners to pursue in the courts (see MGM vs. Grokster, decision currently pending).

The ever-widening availability of broadband has made file sharing even more prevalent, since with increasing download speeds mean the distribution of entire movies and other large files is possible. An emerging and cryptographically strong third generation of P2P protocols will likely be nearly impossible to interdict. In a very real sense, Shawn Fanning can be called the man who opened a Pandora's Box.

Cultural references

In the 2003 remake of The Italian Job, a flashback depicts Shawn Fanning stealing the program from a computer expert played by Seth Green while the latter is napping, depicting a humorous folk etymology of the name.

The suffix "-ster" has become a popular component of the brand names of many internet products, suggesting a peer-to-peer model, such as Grokster, Aimster (later Madster), Blubster. This has also been extended to Friendster, a site which vaguely recalls Napster's community-building features.[10] (http://en.wikipedia.org/wiki/Napster#endnote_blogster), [11] (http://en.wikipedia.org/wiki/Napster#endnote_sxsw)

References

  1. ^  A & M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000), aff'd in part, rev'd in part, 239 F.3d 1004 (9th Cir. 2001)
  2. ^  Menta, Richard: "RIAA Sues Music Startup Napster for $20 Billion (http://www.mp3newswire.net/stories/napster.html)", MP3 Newswire, (December 9, 1999)
  3. ^  Borland, John: "Unreleased Madonna Single Slips On To Net (http://news.com.com/2100-1023-241341.html?legacy=cnet)", CNET News.com, (June 1, 2000)
  4. ^  Jupiter Media Metrix (July 20, 2001). Global Napster Usage Plummets, But New File-Sharing Alternatives Gaining Ground (http://www.comscore.com/press/release.asp?id=249). Press Release.
  5. ^  2001 US Dist. LEXIS 2186 (N.D. Cal. Mar. 5, 2001), aff’d, 284 F. 3d 1091 (9th Cir. 2002).
  6. ^  Evangelista, Benny: "Napster runs out of lives – judge rules against sale (http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/09/04/BU138263.DTL)", San Francisco Chronicle, (September 4, 2002)
  7. ^  Menta, Richard: "Did Napster Take Radiohead's New Album to Number 1? (http://www.mp3newswire.net/stories/2000/radiohead.html)", MP3 Newswire, (October 28, 2000)
  8. ^  "Porn company offers to buy Napster (http://news.com.com/2100-1023-957784.html?tag=fd_top)", CNET News.com, (September 12, 2002)
  9. ^  Dube, Ric. (February 2002). MusicNet, PressPlay Fall Short (http://www.icemagazine.com/digital/dd_179.shtm). Ice Magazine, (179).
  10. ^  Grimmelmann, James: "Blogster (http://www.laboratorium.net/archives/Blogster.html)", The Laboratorium, (July 18, 2003)
  11. ^  Abrams, Jonathan. SXSW Interactive Keynote Speech (http://blog.fastcompany.com/archives/2004/03/16/what_the_heck_is_social_networking.html#more). South by Southwest Festival. Austin, TX. March 16, 2004.

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This has also been extended to Friendster, a site which vaguely recalls Napster's community-building features.[10] (http://en.wikipedia.org/wiki/Napster#endnote_blogster), [11] (http://en.wikipedia.org/wiki/Napster#endnote_sxsw). The issue has often been a source of friction in situations where correct naming conventions are mandated, as people frequently disagree over which spelling is correct or incorrect, and where it is correctly or incorrectly applied. The suffix "-ster" has become a popular component of the brand names of many internet products, suggesting a peer-to-peer model, such as Grokster, Aimster (later Madster), Blubster. The nuances in the Hawaiian language debate are often not obvious or well-appreciated outside Hawai‘i. In the 2003 remake of The Italian Job, a flashback depicts Shawn Fanning stealing the program from a computer expert played by Seth Green while the latter is napping, depicting a humorous folk etymology of the name. While in local Hawaiian society the spelling and pronunciation of Hawai‘i is preferred in nearly all cases, even by standard English speakers, the federal spelling is used for purposes of interpolitical relations between other states and foreign governments. In a very real sense, Shawn Fanning can be called the man who opened a Pandora's Box. Private entities, including local mass media, also have shown a preference for the use of the ‘okina.

An emerging and cryptographically strong third generation of P2P protocols will likely be nearly impossible to interdict. Official government publications, as well as department and office titles, use the traditional Hawaiian spelling. The ever-widening availability of broadband has made file sharing even more prevalent, since with increasing download speeds mean the distribution of entire movies and other large files is possible. However, many state and municipal entities and officials have recognized Hawai‘i to be the correct state name. Grokster, decision currently pending). As prescribed in the Admission Act of 1959 that granted Hawaiian statehood, the federal government recognizes Hawaii to be the official state name. Designed as decentralized networks, these have been much more challenging for copyright owners to pursue in the courts (see MGM vs. A somewhat divisive political issue that has arisen since the Constitution of Hawai‘i adopted Hawaiian as an official state language is the exact spelling of the state's name.

Unofficial Napster servers proliferated, aided by a program known as "Napigator", and a second generation of P2P protocols (including FastTrack and Gnutella) were quickly developed. Laborer emigrants from different countries — China, Japan, Korea, Philippines, Portugal — began composing their own words and phrases based on their own language traditions merged with Hawaiian and Hawaiian English. In the meantime, the peer-to-peer filesharing (or P2P) trend Napster started soon resumed, with new programs and networks picking up the torch. Hawaiian Pidgin finds its origins in the sugarcane and pineapple plantations as laborers from different cultures were forced to find their own ways of communicating and understanding each other. The years between Napster's demise and the emergence of the iTunes Music Store as the first popular pay-service were squandered as the five major labels bickered amongst themselves, launching the user-unfriendly, restrictive, and mutually incompatible subscription services Pressplay and MusicNet.[9] (http://en.wikipedia.org/wiki/Napster#endnote_musicnetpressplay). Over the course of Hawaiian history, a third language was developed that is in common use throughout the state today. Originally considered a mere dialect of Hawaiian English, cultural anthropologists have recently reached consensus that Hawaiian Pidgin is a distinct language on its own. Although the central servers used by Napster made it a convenient legal target, the record industry failed to capitalize on the power vacuum left in its wake. Municipal codes were altered in favor of Hawaiian place and street names for new civic developments.

As of 2005, this new service has met with moderate success. Also, the University of Hawai‘i System developed the only Hawaiian language graduate studies program in the world. which used them to rebrand the Pressplay music service as Napster 2.0. With the help of the Office of Hawaiian Affairs, also created by the 1978 constitutional convention, specially designated Hawaiian language immersion schools were established where students would be taught in all subjects using Hawaiian. After a 2.4 million dollar offer by the Private Media Group, an "adult entertainment company",[8] (http://en.wikipedia.org/wiki/Napster#endnote_porn) Napster's brand and logos were acquired at bankruptcy auction by the company Roxio, Inc. Public and independent schools throughout the state began teaching Hawaiian language standards as part of the regular curricula, beginning with preschool. In the absence of any other force that could account for this success Menta declared this was proof that Napster was a promotional power. As a result of the constitutional provision, interest in the Hawaiian language was revived in the late 20th century.

The record beat out the CDs of some of the most heavily marketed artists of the time including Madonna and Eminem. For these reasons, careful writers use the modern Hawaiian orthography. Kid A not only broke the top 20, it captured the number one spot on the charts in its debut week. This can be a problem in interpreting 19th century Hawaiian texts recorded in the older orthography. The record industry braced for the worst, but then came the big surprise. However, when spelled as lānai it means veranda while Lāna‘i refers to an island. By the time of the record's release Kid A had been downloaded by millions of people worldwide. For example, the word lanai means stiff-necked.

As Richard Menta of MP3 Newswire described,[7] (http://en.wikipedia.org/wiki/Napster#endnote_kida) it was a perfect vehicle to test this theory as the effect of Napster was isolated from other elements that could be credited for driving sales. Omission of the ‘okina and kahakō in printed texts can even obscure the meaning of the word. Furthermore, it was an experimental album that received little promotion and almost no radio airplay. When a Hawaiian word is spelled without any necessary ‘okina and kahakō, it is impossible for someone who does not already know the word to guess at the proper pronunciation. Unlike Madonna, Radiohead never hit the top 20 in the US. The ‘okina indicates a glottal stop while the macron called kahakō signifies a long vowel sound. Proof may have come in April 2000 when tracks from Radiohead's album Kid A found their way to Napster three months before the CD's release. Later, additional characters were added to clarify pronunciation.

With all the accusations that Napster was destroying the record industry there were those who felt just the opposite, that file trading on Napster actually stimulated, rather than hurt, sales. The missionaries assigned letters from the English alphabet that roughly correspond to the Hawaiian sounds. bankruptcy laws.[6] (http://en.wikipedia.org/wiki/Napster#endnote_blocked) Most of the Napster staff were laid off, and the website changed to display "Napster was here". The first written form of Hawaiian was developed by American Protestant missionaries in Hawai‘i during the early 19th century. On September 3, 2002, an American bankruptcy judge blocked the sale to Bertelsmann and forced Napster to liquidate its assets according to Chapter 7 of the U.S. Before the arrival of Captain James Cook, the Hawaiian language was purely a spoken language. Pursuant to terms of that agreement, on June 3 Napster filed for Chapter 11 protection under United States bankruptcy laws. Hawaiian is legally acceptable in all legal documents, from depositions to legislative bills.

On May 17, 2002, Napster announced that its assets would be acquired by German media firm Bertelsmann AG for $8 million. Standard Hawaiian English, a subset of American English, is also commonly used for other formal business. Napster 3.0 was, according to many former Napster employees, ready to deploy, but it had significant trouble obtaining licenses to distribute major-label music. Article XV, Section 4 requires the use of Hawaiian in official state business such as public acts, documents, laws and transactions. A prototype solution was tested in the spring of 2002: the Napster 3.0 Alpha, using audio fingerprinting technology licensed from Relatable. The state of Hawai‘i has two official languages as prescribed by the Constitution of Hawai‘i adopted at the 1978 constitutional convention: Hawaiian and English. In order to pay those fees, Napster attempted to convert their free service to a subscription system. Main article: Hawaiian language.

Napster agreed to pay music creators and copyright owners a $26 million settlement for past, unauthorized uses of music, as well as an advance against future licensing royalties of $10 million. The resolution was passed by Congress and signed by President Bill Clinton. After a failed appeal to the Ninth Circuit Court, an injunction was issued on March 5, 2001 ordering Napster to prevent the trading of copyrighted music on its network.[5] (http://en.wikipedia.org/wiki/Napster#endnote_injunction) In July 2001, Napster shut down its entire network in order to comply with the injunction. On September 24, 2001, the case was partially settled. The movement's most prominent success was the passage of the Apology Resolution of 1993 that made redress for American actions leading to the overthrow of the kingdom. Similarly, many supporters of Napster were concerned about the media's constant use of the word "site" to describe the service, a word which seems to imply that Napster was distributing files itself rather than facilitating their exchange. Regrets over the demise of the Hawaiian monarchy produced several political organizations that are collectively known as the Hawaiian sovereignty movement. Many argued that any attempt to shut down Napster would simply lead to people using a different medium to exchange files over the Internet. Prevalent in post-statehood Hawai‘i was an increase in combative attitudes by some native Hawaiians towards the federal government, which is seen by some as an occupying power.

These users viewed Napster as a simple search engine. In addition, they sought to promote native control over Hawaiian issues by creating the Office of Hawaiian Affairs. To them, it seemed that file sharing was inevitable on the Internet, and it was not Napster's fault that people used the service to share copyrighted files. Its delegates created programs that sought to revive the indigenous Hawaiian language and culture. At the time, the lawsuit puzzled Napster users and supporters. The Hawai‘i State Constitutional Convention of 1978 heralded what some called a Hawaiian renaissance. Later that year, Madonna became irate when one of her singles leaked out on to the web and Napster prior to its commercial release, causing widespread media coverage.[3] (http://en.wikipedia.org/wiki/Napster#endnote_madonna) Napster use peaked with 26.4 million users worldwide in February 2001.[4] (http://en.wikipedia.org/wiki/Napster#endnote_peak). The state also worked toward restoring the native Hawaiian culture that was suppressed after the overthrow.

The lawsuit was a failure, but 300,000 Napster users were banned from the service for sharing Metallica mp3s. In its place, the Hawai‘i Democratic Party dominated state politics for forty years. The band responded in 2000 by filing a lawsuit against the Napster service. The Hawai‘i Republican Party, which was strongly supported by the plantation owners, was voted out of office. This eventually led to the song being played on several radio stations across America. After statehood, Hawai‘i quickly became a modern state with a construction boom and rapidly growing economy. Heavy metal band Metallica discovered that a demo of their song "I Disappear" had been circulating across the Napster network. On March 18, 1959, President Dwight Eisenhower signed the Admission Act which made Hawai‘i the 50th state of the Union, a law that became effective on August 21, 1959.

Soon millions of users, many of them college students, flocked to it. Expecting to gain full voting rights, they actively campaigned for statehood for the Hawaiian Islands. Napster's facilitation of illegal activity raised the ire of several major recording companies, who almost immediately — in December 1999 — filed a lawsuit against the popular service,[1] (http://en.wikipedia.org/wiki/Napster#endnote_amrecords) already called a "a huge grassroots effort" by MP3 Newswire.[2] (http://en.wikipedia.org/wiki/Napster#endnote_grassroots) The service would only get bigger as the trial, meant to shut down Napster, also gave it a great deal of publicity. Because they were born in a United States territory, they were legal American citizens. With the files obtained through Napster, people frequently made their own compilation albums on recordable CDs for free, without paying any royalties to the artist/composer or the estate of the artist/composer. The power of the plantation owners was finally broken by activist descendants of original immigrant laborers. Napster also enabled people to obtain older songs, copies of music they had already paid for in another format, unreleased recordings, and songs from concert bootleg recordings. Plantation owners, like those that comprised the so-called Big Five, found territorial status convenient, enabling them to continue importing cheap foreign labor; such immigration was prohibited in various other states of the Union.

People praised Napster because it enabled them to obtain hit songs without having to buy an entire album (or indeed, pay at all). Though several attempts were made to achieve statehood, Hawai‘i remained a territory for sixty years. Many people said that albums contained only one or two good songs, along with many low-quality "filler" songs. In 1900, it was granted self-governance and retained Iolani Palace as the territorial capitol building. At the time Napster was released, there was a general perception that the quality of new albums had decreased. The Newlands Resolution was passed on July 7, 1898, formally annexing Hawai‘i as a United States territory. The result was a system whose popularity generated a large selection of music to download. Main article: Territory of Hawai‘i.

Although there were already media which facilitated the sharing of files across the Internet, such as IRC, Hotline, and USENET, Napster specialized exclusively in music in the form of MP3 files and presented a friendly user-interface.
. This is very similar to how instant messaging systems work. During the kingdom era and subsequent republican regime, Iolani Palace — the only official royal residence in the United States today — served as the capitol building. It was the first of the massively popular peer-to-peer file sharing systems, although it was not fully peer-to-peer since it used central servers to maintain lists of connected systems and the files they provided, while actual transactions were conducted directly between machines. His sister, Lili'uokalani, succeeded him to the throne and ruled until her dethronement in 1893, a coup d'état orchestrated by American plantation owners with the help of an armed militia and the United States Marine Corps. Governance was again passed, this time into the hands of a provisional government and then to an independent Republic of Hawaii. The final documents gave Shawn 30% control of the company, with the rest going to his uncle. King Kalākaua reigned until his death in 1891.

John Fanning of Hull, Massachusetts, who is Shawn's uncle, helped him incorporate the company. Among other things, it stripped the king of his administrative authorities and deprived native Hawaiians of the right to vote in elections. Fanning wanted an easier method of finding music than by searching IRC or Lycos. However, American interests effectively rendered the monarchy powerless by enacting the Bayonet Constitution. Shawn Fanning first released the original Napster in the fall of 1999. After him, governance was passed on to the House of Kalākaua. The service was named Napster after Fanning's nickname. The death of the bachelor King Kamehameha V who did not name an heir resulted in the election of King Lunalilo.

Its technology allowed music fans to easily share MP3 format song files with each other, thus leading to the music industry's accusations of massive copyright violations. Although the original service was shut down by court order, it paved the way for decentralized P2P file-sharing programs, which have been much harder to control. That led to the Edict of Toleration that established religious freedom in the Hawaiian Islands. Napster was the first widely-used peer-to-peer music sharing service, and it made a major impact on how people, especially college students, used the Internet. One of the most important events during those years was the suppression of the Hawaii Catholic Church. Napster is an online music service which was originally a file sharing service created by Shawn Fanning. He established the House of Kamehameha, a dynasty that ruled over the kingdom until 1872. March 16, 2004. After a series of battles that ended in 1795 and peaceful cession of the island of Kaua‘i in 1810, the Hawaiian Islands were united for the first time under a single ruler who would become known as King Kamehameha the Great.

Austin, TX. Main article: Kingdom of Hawai‘i. SXSW Interactive Keynote Speech (http://blog.fastcompany.com/archives/2004/03/16/what_the_heck_is_social_networking.html#more). South by Southwest Festival. Cook named his discovery the Sandwich Islands in honor of one of his sponsors, John Montagu, 4th Earl of Sandwich. ^  Abrams, Jonathan. Historians credited Cook with the discovery after he was the first to plot and publish the geographical coordinates of the Hawaiian Islands. ^  Grimmelmann, James: "Blogster (http://www.laboratorium.net/archives/Blogster.html)", The Laboratorium, (July 18, 2003). Vague reports by various European explorers suggest that Hawai‘i was visited by foreigners well before the 1778 arrival of British explorer Captain James Cook.

Ice Magazine, (179). The general trend was towards chiefdoms of increasing size, even encompassing whole islands. MusicNet, PressPlay Fall Short (http://www.icemagazine.com/digital/dd_179.shtm). Warfare was endemic. (February 2002). Local chiefs called ali‘i ruled their settlements and fought to extend their sway and defend their communities from predatory rivals. ^  Dube, Ric. Relations with other Polynesian groups were sporadic during the early migratory periods, and Hawai‘i grew from small settlements to a complex society in near isolation.

^  "Porn company offers to buy Napster (http://news.com.com/2100-1023-957784.html?tag=fd_top)", CNET News.com, (September 12, 2002). These first peoples preserved memories of the early migrations orally through genealogies and folk tales, like the stories of Hawai‘iloa and Pa‘ao. ^  Menta, Richard: "Did Napster Take Radiohead's New Album to Number 1? (http://www.mp3newswire.net/stories/2000/radiohead.html)", MP3 Newswire, (October 28, 2000). Anthropologists believe that Polynesians from the Marquesas and Society Islands first populated the Hawaiian Islands approximately 1500 years ago. ^  Evangelista, Benny: "Napster runs out of lives – judge rules against sale (http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/09/04/BU138263.DTL)", San Francisco Chronicle, (September 4, 2002). Main article: Ancient Hawai‘i, Hawaiian mythology, Polynesian mythology. 2002).
.

3d 1091 (9th Cir. Other large cities and towns include Hilo, Kahului and Līhu‘e. 5, 2001), aff’d, 284 F. The largest city, Honolulu, was the one chosen by King Kamehameha III as the capital of his kingdom due to the natural harbor there, the present-day Honolulu Harbor. Mar. The movement of the Hawaiian royal family from the Island of Hawai‘i to Maui and subsequently to O‘ahu explains why certain population centers exist where they do today. LEXIS 2186 (N.D. Cal. Those conditions created made Mount Wai‘ale‘ale the wettest place on earth; it averages 11.7 m (460 in) of rain annually.

^  2001 US Dist. The volcanic activity and subsequent erosion created impressive geological features. Press Release. The isolation of the Hawaiian Islands in the middle of the Pacific Ocean and the wide range of environments to be found on high islands located in and near the tropics has resulted in a vast array of endemic flora and fauna. Global Napster Usage Plummets, But New File-Sharing Alternatives Gaining Ground (http://www.comscore.com/press/release.asp?id=249). The newest volcano to form is Lo‘ihi, deep below the waters off the south coast of the Island of Hawai‘i. ^  Jupiter Media Metrix (July 20, 2001). The last volcanic eruption outside the Island of Hawai‘i happened at Haleakala on Maui in the late 18th century.

^  Borland, John: "Unreleased Madonna Single Slips On To Net (http://news.com.com/2100-1023-241341.html?legacy=cnet)", CNET News.com, (June 1, 2000). This explains why only volcanoes on the the southern half of the Island of Hawai‘i are presently active. ^  Menta, Richard: "RIAA Sues Music Startup Napster for $20 Billion (http://www.mp3newswire.net/stories/napster.html)", MP3 Newswire, (December 9, 1999). All of the Hawaiian Islands were formed by volcanoes arising from the sea floor through a vent described in geological theory as a hotspot. The theory maintains that as the tectonic plate beneath much the Pacific Ocean moves in a northwesterly direction, the hot spot remains stationary, slowly creating new volcanoes. 2001). These islands are, in order from the northwest to southeast, Ni‘ihau, Kaua‘i, O‘ahu, Moloka‘i, Lāna‘i, Kaho‘olawe, Maui and the Island of Hawai‘i. 2000), aff'd in part, rev'd in part, 239 F.3d 1004 (9th Cir. The main islands are the eight high islands at the southeastern end of the island chain.

Cal. Nineteen islands and atolls extending across a distance of 2,400 km (1,500 mi) comprise the Hawaiian Archipelago. 2d 896 (N.D. Main article: Hawaiian Islands. Supp.
. v. Napster, Inc., 114 F. Hawai‘i Aloha is the unofficial state song, often sung in official state events.

^  A & M Records, Inc. The state song is Hawai‘i pono‘i, written by King Kalākaua and composed by Henri Berger. Hawaiian Pidgin is an unofficial language. The official languages are Hawaiian and Hawaiian English. The constitution declares the state motto to be Ua mau ke ea o ka aina i ka pono, a pronouncement of King Kamehameha III meaning, "The life of the land is perpetuated in righteousness." It was also the motto of the kingdom, republic and territory.

The primary symbol is the state flag, Ka Hae Hawai‘i, influenced by the Union Jack and features eight horizontal stripes representing the eight major Hawaiian Islands. Included are the two statues representing Hawai‘i in the United States Capitol. These include a state bird, state fish, state flower, state gem, state mammal and state tree. The state constitution and various other measures of the Hawai‘i State Legislature established official symbols meant to embody the distinctive culture and heritage of Hawai‘i.

Hawaii is also the namesake and backdrop of a popular 1959 novel by James Michener and its 1966 movie adaptation. Ethnically, it is the only state that does not have a white majority (and one of only three in which non-Hispanic whites do not form a majority) and has the largest percentage of Asian Americans. Ecologically and agriculturally, it is the endangered species capital of the world and is the only industrial producer of coffee in the nation. As one of two states outside the contiguous United States (the other being Alaska), it is the only one without territory on the mainland of any continent and is the only state that continues to grow due to active lava flows, most notably from Kīlauea. In addition to possessing the southernmost point in the United States, it is the only state that lies completely in the tropics.

This state most recently admitted into the Union has many distinctions. Honolulu is the largest city and the state capital. Census had a population of 1,211,537 people. Hawaii constitutes the 50th state of the United States, and as of the 2000 U.S.

Hawaii (Hawaiian/Hawaiian English: Hawai‘i, with the ‘okina) is the archipelago of the Hawaiian Islands in the Pacific Ocean.

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