Napster
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. OriginsShawn 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 challengesNapster'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. ShutdownAfter 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 powerWith 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 fateAfter 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 referencesIn 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
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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). However, a band of the Nanticoke tribe of Indians still remains in Sussex County. 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. Delaware is also the name of a Native American group (called in their own name Lenni Lenape) that was very influential in the dawning days of the United States. 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 Delaware River is a major river in the eastern United States, rising in New York State, forming the boundary between New Jersey and Pennsylvania, and emptying into Delaware Bay, which separates New Jersey from the state of Delaware. In a very real sense, Shawn Fanning can be called the man who opened a Pandora's Box. The USS Delaware was named in honor of this state. An emerging and cryptographically strong third generation of P2P protocols will likely be nearly impossible to interdict. Delaware's only two professional sports teams are the Wilmington Blue Rocks minor league baseball team, a Class A affiliate of the Boston Red Sox, and the Delaware Griffins, part of the Women's Professional Football League. 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. DuPont de Nemours & Co., Syngenta, AstraZeneca, Hercules), banking (MBNA America, Wilmington Trust Company, First USA / Bank One, JPMorgan Chase, AIG, Citigroup, Deutsche Bank), manufacturing (General Motors, Chrysler), and farming, specifically chicken farming in Sussex County (Perdue, Mountaire Farms). Grokster, decision currently pending). Its largest employers are concentrated in science (E.I. Designed as decentralized networks, these have been much more challenging for copyright owners to pursue in the courts (see MGM vs. Delaware's economy generally outperforms the national economy of the United States. 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. Its industrial outputs include chemical products, processed foods, paper products, rubber and plastic products. In the meantime, the peer-to-peer filesharing (or P2P) trend Napster started soon resumed, with new programs and networks picking up the torch. Delaware's agricultural output consists of poultry, nursery stock, soybeans, dairy products and corn. 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). The per capita personal income was $34,199, ranking 9th in the nation. 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 gross state product of Delaware in 2003 was $49 billion. As of 2005, this new service has met with moderate success. Ranked by per capita income. which used them to rebrand the Pressplay music service as Napster 2.0. However, because of its proximity, it acts as both a job hub and suburb with Philadelphia, Pennsylvania. 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. Wilmington is a separate developed city in northern Delaware. In the absence of any other force that could account for this success Menta declared this was proof that Napster was a promotional power. the middle portion is the transition to the upper portion of the state, which has a warm continental climate and receives occasional winter snowfall. The record beat out the CDs of some of the most heavily marketed artists of the time including Madonna and Eminem. The southern third of the state has a mild subtropical climate, with hot, humid summers and mild winters. Kid A not only broke the top 20, it captured the number one spot on the charts in its debut week. Since the great majority of Delaware is a part of the Atlantic Coastal Plain, the climate is moderated by the effects of the ocean. The record industry braced for the worst, but then came the big surprise. The only harbors of consequence are Wilmington, Lewes, and New Castle. By the time of the record's release Kid A had been downloaded by millions of people worldwide. Martin's Bay. 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. The largest of these are Rehoboth Bay, Indian River Bay, and a portion of St. Furthermore, it was an experimental album that received little promotion and almost no radio airplay. The coast of Delaware Bay is marshy; the Atlantic coast has many sand beaches, inclosing shallow lagoons. Unlike Madonna, Radiohead never hit the top 20 in the US. The Chritiana is navigable for large ships as far as Wilmington. 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. The principal streams are the Christina and the Brandywine rivers. 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. A ridge about 70 feet in altitude extends along the western boundary of the state and is the watershed for the affluents of the Delaware in the east and of several streams falling into Chesapeake Bay. 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 northern part is hilly, with a rolling surface, but below New Castle the ground is flat and sandy and in some parts swampy. 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. Delaware lies on a level plain, the highest elevation being less than 442 feet above the sea. Pursuant to terms of that agreement, on June 3 Napster filed for Chapter 11 protection under United States bankruptcy laws. The northern part of the state is served by network stations in Philadelphia, Pennsylvania and the southern part by network stations in Salisbury, Maryland. On May 17, 2002, Napster announced that its assets would be acquired by German media firm Bertelsmann AG for $8 million. Philadelphia station, Channel 6 WPVI also maintains a bureau in downtown Wilmington. 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. There are no network broadcast-television stations in Delaware, although a public-television station from Philadelphia, WHYY, maintains a studio and broadcasting facility in Wilmington. A prototype solution was tested in the spring of 2002: the Napster 3.0 Alpha, using audio fingerprinting technology licensed from Relatable. In addition to its other responsibilities, Dover AFB serves as the entry point and morgue for American military persons (and some U.S. government civilians) who die overseas. In order to pay those fees, Napster attempted to convert their free service to a subscription system. Air Force base outside Dover is one of the largest in the U.S. 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 U.S. 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 state of Delaware, together with the Eastern Shore counties of Maryland and two counties of Virginia, form the Delmarva Peninsula, a geographical unit stretching far down the Mid-Atlantic coast. 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. The largest city is Wilmington, and the capital is Dover. Many argued that any attempt to shut down Napster would simply lead to people using a different medium to exchange files over the Internet. Small portions of Delaware are also situated on the far, or eastern, side of the Delaware River Estuary, and these small parcels share land boundaries with New Jersey. These users viewed Napster as a simple search engine. Delaware is bounded to the north by Pennsylvania, to the east by the Delaware River and the Atlantic Ocean and to the west and south by Maryland. 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. Delaware has one of the few remaining Courts of Chancery in the nation, which has jurisdiction over equity cases. At the time, the lawsuit puzzled Napster users and supporters. See: List of counties in Delaware. 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). See: List of Delaware Governors Delaware only has 3 counties: Kent County, New Castle County, and Sussex County. The lawsuit was a failure, but 300,000 Napster users were banned from the service for sharing Metallica mp3s. Castle (Republican). The band responded in 2000 by filing a lawsuit against the Napster service. Delaware's single US Representative is former Governor, Michael N. This eventually led to the song being played on several radio stations across America. Biden (Democrat) and Thomas Carper (Democrat). Heavy metal band Metallica discovered that a demo of their song "I Disappear" had been circulating across the Napster network. Senators are Joseph R. Soon millions of users, many of them college students, flocked to it. Delaware's U.S. 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. Delaware is also one of the few states (California being another) that elect the governor and lieutenant governor separately. 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. Carney. 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. The present governor of Delaware is Ruth Ann Minner (Democrat). The lieutenant governor is John C. People praised Napster because it enabled them to obtain hit songs without having to buy an entire album (or indeed, pay at all). The executive branch is headed by the Governor of Delaware and the judicial branch provides for a hierarchy of courts with the state Supreme Court being the highest. Many people said that albums contained only one or two good songs, along with many low-quality "filler" songs. The legislative body consists of a House of Representatives with 41 members and a Senate with 21 members. At the time Napster was released, there was a general perception that the quality of new albums had decreased. Delaware's fourth and current constitution was adopted in 1897 and provides for executive, judicial and legislative bodies. The result was a system whose popularity generated a large selection of music to download. Delaware ratified the amendment on February 12, 1901--40 years after Lincoln's Emancipation Proclamation. 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. Eight months after the end of the Civil War, however, Delaware voted on February 18, 1865 to reject the 13th Amendment to the United States Constitution and so voted unsuccessfully to continue slavery beyond the Civil War. This is very similar to how instant messaging systems work. During the American Civil War, Delaware was a slave state that remained in the Union (Delaware voters voted not to secede on January 3, 1861). 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. The Big August Quarterly which began in 1814 is still celebrated and is the oldest such cultural festival in the country. The final documents gave Shawn 30% control of the company, with the rest going to his uncle. Church. John Fanning of Hull, Massachusetts, who is Shawn's uncle, helped him incorporate the company. The oldest black church in the country was chartered in Delaware by former-slave Peter Spencer in 1813 as the "Union Church of Africans," which is now the A.U.M.P. Fanning wanted an easier method of finding music than by searching IRC or Lycos. After the Revolution began in 1776, the three counties became "The Delaware State," and in 1792 that entity adopted its first constitution, declaring itself to be the "State of Delaware." Its first governors went by the title of "President of the Delaware State". Shawn Fanning first released the original Napster in the fall of 1999. Delaware was one of the thirteen colonies which revolted against British rule in the American Revolution. The service was named Napster after Fanning's nickname. Several towns on the borders between Delaware and Maryland are divided by these lines. 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 north-south boundary between Delaware and Maryland is known as the Transpeninsular Line. 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. The remanider of the border between Pennsylvania and Delaware is formed by an arc known as The Twelve-Mile Circle. Napster is an online music service which was originally a file sharing service created by Shawn Fanning. Part of the Line now forms the east-west boundary between Delaware and Maryland, and part of the north-south boundary between Pennsylvania and Delaware (this section, known as The Wedge was in dispute up till 1921), and some 80 of their original limestone markers remain. March 16, 2004. The legal battles were settled by the heirs agreeing to a survey -- which resulted in the Mason-Dixon line, surveyed by Charles Mason and Jeremiah Dixon between 1763 and 1767. Austin, TX. Thus raged over 100 years of litigation between William Penn and Baltimore, and, later, their heirs, in the High Court of Chancery in London. SXSW Interactive Keynote Speech (http://blog.fastcompany.com/archives/2004/03/16/what_the_heck_is_social_networking.html#more). South by Southwest Festival. However, Cęcilius Calvert, 2nd Baron Baltimore of Maryland claimed a competing grant to lands in the southern portion of Pennsylvania and most of Delaware. ^ Abrams, Jonathan. In 1704 the "three lower counties" gained a separate legislature, and in 1710 a separate executive council. ^ Grimmelmann, James: "Blogster (http://www.laboratorium.net/archives/Blogster.html)", The Laboratorium, (July 18, 2003). The deed to the property that is now Delaware was granted to William Penn in 1682, by James, Duke of York (later, James II of England), and was part of the colony of Pennsylvania. Ice Magazine, (179). The name "Delaware" comes from the title of Thomas West, 3rd Baron De La Warr, erstwhile governor of the colony of Virginia. MusicNet, PressPlay Fall Short (http://www.icemagazine.com/digital/dd_179.shtm). The area became "New Sweden" with a colony established by Swedes (led by Peter Minuit) around Fort Christina (now Wilmington) in 1638. (February 2002). Europeans first settled in a Dutch trading post at "Zwaanendael" (or "Swaanendael," present-day Lewes (pronounced "Lewis")) in 1631. ^ Dube, Ric. Ratification occurred on December 7, 1787. ^ "Porn company offers to buy Napster (http://news.com.com/2100-1023-957784.html?tag=fd_top)", CNET News.com, (September 12, 2002). It is known as the "First State" because it was the first of the 13 colonies to ratify the United States Constitution. ^ 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). Delaware is a state of the United States. ^ 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). Delaware County, Pennsylvania. 2002). Delaware County, New York. 3d 1091 (9th Cir. Delaware County, Iowa. 5, 2001), aff’d, 284 F. Delaware, Ohio. Mar. Ardentown: $35,577. LEXIS 2186 (N.D. Cal. Rehoboth Beach: $38,494. ^ 2001 US Dist. North Star: $39,677. Press Release. Hockessin: $40,516. Global Napster Usage Plummets, But New File-Sharing Alternatives Gaining Ground (http://www.comscore.com/press/release.asp?id=249). Bethany Beach: $41,306. ^ Jupiter Media Metrix (July 20, 2001). Fenwick Island: $44,415. ^ 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). Dewey Beach: $51,958. ^ Menta, Richard: "RIAA Sues Music Startup Napster for $20 Billion (http://www.mp3newswire.net/stories/napster.html)", MP3 Newswire, (December 9, 1999). South Bethany: $53,624. 2001). Henlopen Acres: $82,091. 2000), aff'd in part, rev'd in part, 239 F.3d 1004 (9th Cir. Greenville: $83,223. Cal. 2d 896 (N.D. Supp. v. Napster, Inc., 114 F. ^ A & M Records, Inc. |