Napster

Last updated
Napster
Developer(s)
Initial releaseJune 1, 1999;25 years ago (1999-06-01)
Final release
September 3, 2002;22 years ago (2002-09-03)
Operating system cross-platform
Available inmultilingual
Type Media player
Website www.napster.com   OOjs UI icon edit-ltr-progressive.svg

Napster was an American peer-to-peer (P2P) file sharing application primarily associated with digital audio file distribution. Founded by Shawn Fanning and Sean Parker, the platform originally launched on June 1, 1999. Audio shared on the service was typically encoded in the MP3 format. As the software became popular, the company encountered legal difficulties over copyright infringement. Napster ceased operations in 2001 after losing multiple lawsuits and filed for bankruptcy in June 2002.

Contents

The P2P model employed by Napster involved a centralized database that indexed a complete list of all songs being shared from connected clients. While effective, the service could not function without the central database, which was hosted by Napster and eventually forced to shut down. Following Napster's demise, alternative decentralized methods of P2P file-sharing emerged, including LimeWire, Gnutella, Freenet, FastTrack, and BitTorrent.

Napster's assets were eventually acquired by Roxio, and it re-emerged as an online music store commonly known as Napster 2.0. Best Buy later purchased the service and merged it with its Rhapsody streaming service on December 1, 2011. [1] In 2016, the original branding was restored when Rhapsody was renamed Napster. In 2022, the Napster streaming service was acquired by two Web3 companies, Hivemind and Algorand. Jon Vlassopulos was appointed as CEO. [2]

Origin

Napster was founded by Shawn Fanning and Sean Parker. [3] Initially, Napster was envisioned by Fanning as an independent peer-to-peer file sharing service. The service operated between June 1999 and July 2001. [4] Its technology enabled people to easily share their MP3 files with other participants. [5] Although the original service was shut down by court order, the Napster brand survived after the company's assets were liquidated and purchased by other companies through bankruptcy proceedings. [6]

History

Although there were already networks that facilitated the distribution of files across the Internet, such as IRC, Hotline, and Usenet, Napster specialized in MP3 files of music and had a user-friendly interface. At its peak, the Napster service had about 80 million registered users. [7] Napster made it relatively easy for music enthusiasts to download copies of songs that were otherwise difficult to obtain, such as older songs, unreleased recordings, studio recordings, and songs from concert bootleg recordings. Napster paved the way for streaming media services and transformed music into a public good for a brief time.

High-speed networks in college dormitories became overloaded, with as much as 61% of external network traffic consisting of MP3 file transfers. [8] Many colleges blocked its use for this reason, [9] even before concerns about liability for facilitating copyright violations on campus.

Macintosh version

The service and software program began as Windows-only. However, in 2000, Black Hole Media wrote a Macintosh client called Macster. Macster was later bought by Napster and designated the official Mac Napster client ("Napster for the Mac"), at which point the Macster name was discontinued. [10] Even before the acquisition of Macster, the Macintosh community had a variety of independently developed Napster clients. The most notable was the open source client called MacStar, released by Squirrel Software in early 2000, and Rapster, released by Overcaster Family in Brazil. [11] The release of MacStar's source code paved the way for third-party Napster clients across all computing platforms, giving users advertisement-free music distribution options.

Heavy metal band Metallica discovered a demo of their song "I Disappear" had been circulating across the network before it was released. This led to it being played on several radio stations across the United States, which alerted Metallica to the fact that their entire back catalogue of studio material was also available. On April 13, 2000, they filed a lawsuit against Napster. A month later, rapper and producer Dr. Dre, who shared a litigator and legal firm with Metallica, filed a similar lawsuit after Napster refused his written request to remove his works from its service. Separately, Metallica and Dr. Dre later delivered to Napster thousands of usernames of people who they believed were pirating their songs. In March 2001, Napster settled both suits, after being shut down by the Ninth Circuit Court of Appeals in a separate lawsuit from several major record labels (see below). [12] In 2000, Madonna's single "Music" was leaked out onto the web and Napster prior to its commercial release, causing widespread media coverage. [13] Verified Napster use peaked with 26.4 million users worldwide in February 2001. [14]

In 2000, the American musical recording company A&M Records along with several other recording companies, through the Recording Industry Association of America (RIAA), sued Napster ( A&M Records, Inc. v. Napster, Inc. ) on grounds of contributory and vicarious copyright infringement under the US Digital Millennium Copyright Act (DMCA). [15] Napster was faced with the following allegations from the music industry:

  1. That its users were directly violating the plaintiffs' copyrights.
  2. That Napster was responsible for contributory infringement of the plaintiff's copyrights.
  3. That Napster was responsible for the vicarious infringement of the plaintiff's copyrights.

Napster lost the case in the District Court but then appealed to the U.S. Court of Appeals for the Ninth Circuit. Although it was clear that Napster could have commercially significant non-infringing uses, the Ninth Circuit upheld the District Court's decision. Immediately after, the District Court commanded Napster to keep track of the activities of its network and to restrict access to infringing material when informed of that material's location. Napster wasn't able to comply and thus had to close down its service in July 2001. In 2002, Napster announced that it had filed for bankruptcy and sold its assets to a third party. [16] In a 2018 Rolling Stone article, Kirk Hammett of Metallica upheld the band's opinion that suing Napster was the "right" thing to do. [17]

Promotional power

Napster peaked in February 2001 Napster Unique Users.svg
Napster peaked in February 2001

Along with the accusations that Napster was hurting the sales of the record industry, some felt just the opposite, that file trading on Napster stimulated, rather than hurt, sales. Some evidence may have come in July 2000 when tracks from English rock band Radiohead's album Kid A found their way to Napster three weeks before the album's release. Unlike Madonna, Dr. Dre, or Metallica, Radiohead had never hit the top 20 in the US. Furthermore, Kid A was an album without any singles released, and received relatively little radio airplay. By the time of the album's release, the album was estimated to have been downloaded for free by millions of people worldwide, and in October 2000 Kid A captured the number one spot on the Billboard 200 sales chart in its debut week. According to Richard Menta of MP3 Newswire , [18] the effect of Napster in this instance was isolated from other elements that could be credited for driving sales, and the album's unexpected success suggested that Napster was a good promotional tool for music.

Since 2000, many musical artists, particularly those not signed to major labels and without access to traditional mass media outlets such as radio and television, have said that Napster and successive Internet file-sharing networks have helped get their music heard, spread word of mouth, and may have improved their sales in the long term.[ citation needed ] One such musician to publicly defend Napster as a promotional tool for independent artists was DJ Xealot, who became directly involved in the 2000 A&M Records Lawsuit. [19] Chuck D from Public Enemy also came out and publicly supported Napster. [20]

Lawsuit

Napster's facilitation of the transfer of copyrighted material raised the ire of the Recording Industry Association of America (RIAA), which almost immediately—on December 6, 1999—filed a lawsuit against the popular service. [21] 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 whom were college students, flocked to it. 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. [22]

Lawrence Lessig [23] claimed, however, that this decision made little sense from the perspective of copyright protection: "When Napster told the district court that it had developed a technology to block the transfer of 99.4 percent of identified infringing material, the district court told counsel for Napster 99.4 percent was not good enough. Napster had to push the infringements 'down to zero.' If 99.4 percent is not good enough," Lessig concluded, "then this is a war on file-sharing technologies, not a war on copyright infringement."

Shutdown

On July 11, 2001, Napster shut down its entire network 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, and as an advance against future licensing royalties of $10 million. To pay those fees, Napster attempted to convert its free service into a subscription system, and thus traffic to Napster was reduced. A prototype solution was tested in 2002: the Napster 3.0 Alpha, using the ".nap" secure file format from PlayMedia Systems [24] and 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 for $85 million to transform Napster into an online music subscription service. The two companies had been collaborating since the middle of 2000 [25] when Bertelsmann became the first major label to drop its copyright lawsuit against Napster. [26] Pursuant to the terms of the acquisition 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. [6]

Reuse of name

Napster's brand and logos were acquired at a bankruptcy auction by Roxio which used them to re-brand the Pressplay music service as Napster 2.0. In September 2008, Napster was purchased by US electronics retailer Best Buy for US $121 million. [27] On December 1, 2011, pursuant to a deal with Best Buy, Napster merged with Rhapsody, with Best Buy receiving a minority stake in Rhapsody. [28] On July 14, 2016, Rhapsody phased out the Rhapsody brand in favor of Napster and has since branded its service internationally as Napster [29] and expanded toward other markets by providing music on-demand as a service to other brands [30] like the iHeartRadio app and their All Access music subscription service that provides subscribers with an on-demand music experience as well as premium radio. [31]

On August 25, 2020, Napster was sold to virtual reality concerts company MelodyVR. [32]

On May 10, 2022, Napster was sold to Hivemind and Algorand. The investor consortium also includes ATC Management, BH Digital, G20 Ventures, SkyBridge, RSE Ventures, Arrington Capital, Borderless Capital, and others. [33] [34]

Media

See also

Further reading

Related Research Articles

<span class="mw-page-title-main">Streaming media</span> Multimedia delivery method

Streaming media refers to multimedia for playback using an offline or online media player that is delivered through a network. Media is transferred in a "stream" of packets from a server to a client and is rendered in real-time; this contrasts with file downloading, a process in which the end-user obtains an entire media file before consuming the content. Streaming is presently most prevalent in video-on-demand, streaming television, and music streaming services over the Internet.

<span class="mw-page-title-main">Shawn Fanning</span> American computer programmer, entrepreneur, and angel investor

Shawn Fanning is an American computer programmer, entrepreneur, and angel investor. He developed Napster, one of the first popular peer-to-peer (P2P) file sharing platforms, in 1999. The popularity of Napster was widespread and Fanning was featured on the cover of Time magazine.

<span class="mw-page-title-main">Digital music store</span> Online retailer of audio files

A digital music store is a business that sells digital audio files of music recordings over the Internet. Customers gain ownership of a license to use the files, in contrast to a music streaming service, where they listen to recordings without gaining ownership. Customers pay either for each recording or on a subscription basis. Online music stores generally also offer partial streaming previews of songs, with some songs even available for full length listening. They typically show a picture of the album art or of the performer or band for each song. Some online music stores also sell recorded speech files, such as podcasts, and video files of movies.

<span class="mw-page-title-main">MP3.com</span> Defunct music website

MP3.com was a website operated by Paramount Global publishing tabloid-style news items about digital music and artists, songs, services, and technologies. It is better known for its original incarnation as a legal, free music-sharing service, named after the popular music file format MP3, popular with independent musicians for promoting their work. That service was shut down on December 2, 2003, by CNET, which, after purchasing the domain name, established the current MP3.com site.

Madster was a peer-to-peer file sharing service. It was released in Napster's wake in August 2000 and shut down in December 2002 as a result of a lawsuit by the Recording Industry Association of America.

<i>UMG Recordings, Inc. v. MP3.com, Inc.</i> Landmark case of the U.S. District Court for the Southern District of New York

UMG Recordings, Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349 was a landmark case of the U.S. District Court for the Southern District of New York concerning the unauthorized copying of copyrighted materials on the Internet. The case concerned unauthorized duplication by the company MP3.com of songs from a wide selection of compact discs for the purposes of launching a service that allowed users to access their private music collections online from anywhere in the world. This business model was ruled to be a violation of American copyright law.

Napster is a music streaming service based in Seattle, Washington, United States. Until 2016, the service was known domestically as Rhapsody before rebranding as Napster, the same name brand that was used by Roxio's Napster.

MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005), is a United States Supreme Court decision in which the Court ruled unanimously that the defendants, peer-to-peer file sharing companies Grokster and Streamcast, could be held liable for inducing copyright infringement by users of their file sharing software. The plaintiffs were a consortium of 28 entertainment companies, led by Metro-Goldwyn-Mayer studios.

<i>A&M Records, Inc. v. Napster, Inc.</i> US legal case

A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 was a landmark intellectual property case in which the United States Court of Appeals for the Ninth Circuit affirmed a district court ruling that the defendant, peer-to-peer file sharing service Napster, could be held liable for contributory infringement and vicarious infringement of copyright. This was the first major case to address the application of copyright laws to peer-to-peer file sharing.

This is a timeline of events in the history of networked file sharing.

The open music model is an economic and technological framework for the recording industry based on research conducted at the Massachusetts Institute of Technology. It predicts that the playback of prerecorded music will be regarded as a service rather than as individually sold products, and that the only system for the digital distribution of music that will be viable against piracy is a subscription-based system supporting file sharing and free of digital rights management. The research also indicated that US$9 per month for unlimited use would be the market clearing price at that time, but recommended $5 per month as the long-term optimal price.

File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia, program files, documents or electronic books/magazines. It involves various legal aspects as it is often used to exchange data that is copyrighted or licensed.

<span class="mw-page-title-main">Audiogalaxy</span> Music sharing service

Audiogalaxy was an Internet music service with three incarnations. From 1998 to 2002, it was a file sharing system that indexed MP3 files. From mid-2002 to mid-2010, it was a promotional website for the Rhapsody music subscription service. Finally, from mid-2010 through 2012, it was a personal audio place shifting service. Audiogalaxy ceased operations on January 31, 2013.

File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia, documents or electronic books. Common methods of storage, transmission and dispersion include removable media, centralized servers on computer networks, Internet-based hyperlinked documents, and the use of distributed peer-to-peer networking.

<span class="mw-page-title-main">Recording Industry Association of America</span> Trade organization in the U.S.

The Recording Industry Association of America (RIAA) is a trade organization that represents the music recording industry in the United States. Its members consist of record labels and distributors that the RIAA says "create, manufacture, and/or distribute approximately 85% of all legally sold recorded music in the United States". RIAA is headquartered in Washington, D.C.

In the first decade of the 21st century, the rise of digital media on the internet and computers as a central and primary means to record, distribute, store, and play music caused widespread economic changes in the music industry. The rise of digital media with high-speed internet access fundamentally changed the relationships between artists, record companies, promoters, retail music stores, the technology industry, and consumers. The rise of digital music consumption options contributed to several fundamental changes in consumption. One significant change in the music industry was the remarkable decline of conventional album sales on CD and vinyl. With the à la carte sales models increasing in popularity, consumers no longer downloaded entire albums but rather chose single songs.

Ali Aydar is an American computer scientist and Internet entrepreneur. He is the chief executive officer of Sporcle.

<span class="mw-page-title-main">Music piracy</span> Copying and distribution of music without the consent of creators or copyright holders

Music piracy is the copying and distributing of recordings of a piece of music for which the rights owners did not give consent. In the contemporary legal environment, it is a form of copyright infringement, which may be either a civil wrong or a crime depending on jurisdiction. The late 20th and early 21st centuries saw much controversy over the ethics of redistributing media content, how much production and distribution companies in the media were losing, and the very scope of what ought to be considered piracy – and cases involving the piracy of music were among the most frequently discussed in the debate.

Metallica, et al. v. Napster, Inc. was a 2000 U.S. District Court for the Northern District of California case that focused on copyright infringement, racketeering, and unlawful use of digital audio interface devices. Metallica vs. Napster, Inc. was the first case that involved an artist suing a peer-to-peer file sharing ("P2P") software company.

Contributory copyright infringement is a way of imposing secondary liability for infringement of a copyright. It is a means by which a person may be held liable for copyright infringement even though he or she did not directly engage in the infringing activity. It is one of the two forms of secondary liability apart from vicarious liability. Contributory infringement is understood to be a form of infringement in which a person is not directly violating a copyright but induces or authorizes another person to directly infringe the copyright.

References

  1. Sisario, Ben (2011-10-03). "Rhapsody to Acquire Napster in Deal With Best Buy". Mediadecoder.blogs.nytimes.com. United States. Archived from the original on 2013-04-27. Retrieved 2013-06-13.
  2. Vincent, James (2022-05-18). "Napster joins Limewire and Winamp by jumping on the web3 bandwagon". The Verge. Retrieved 2024-02-07.
  3. Name inspired by Shawn's high school nickname "Nappy" for his signature afro.
  4. "Napster's High and Low Notes". Businessweek. August 14, 2000. Archived from the original on 2019-12-07. Retrieved 2019-12-07.
  5. 1 2 Evangelista, Benny (September 4, 2002). "Napster runs out of lives – judge rules against sale". San Francisco Chronicle. Archived from the original on March 9, 2021. Retrieved October 18, 2011.
  6. Gowan, Michael (2002-05-18). "Requiem for Napster". Pcworld.com. Archived from the original on 2014-04-26. Retrieved 2013-06-13.
  7. Fusco, Patricia (March 13, 2000). "The Napster Nightmare". ISP-Planet. Archived from the original on 2011-10-19.
  8. Anderson, Kevin (September 26, 2000). "Napster expelled by universities". BBC News. Archived from the original on 2007-10-21.
  9. "Official Napster Client For Mac OS, OS X -- The Mac Observer". macobserver.com. Archived from the original on 2020-08-09. Retrieved 2020-04-15.
  10. Moore, Charles W. "Eight MP3 Players For The Macintosh". Applelinks. Archived from the original on November 12, 2013. Retrieved April 26, 2014.
  11. Giesler, Markus (2008). "Conflict and Compromise: Drama in Marketplace Evolution" (PDF). Journal of Consumer Research. 34 (6): 739–753. CiteSeerX   10.1.1.564.7146 . doi:10.1086/522098. S2CID   145796529. Archived from the original (PDF) on 2008-07-24. Retrieved 2017-10-25.
  12. Borland, John (June 1, 2000). "Unreleased Madonna Single Slips On To Net". CNET News.com. Archived from the original on June 28, 2012.
  13. "Global Napster Usage Plummets, But new File-Sharing Alternatives Gaining Ground, Reports Jupiter Media Metrix" (Press release). comScore. 2001-07-20. Archived from the original on 2008-04-13. Retrieved April 26, 2014.
  14. 17 U.S.C. A&M Records. Inc. v. Napster. Inc. 114 F. Supp. 2d 896 (N. D. Cal. 2000).
  15. .A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001). For a summary and analysis, see Guy Douglas, Copyright and Peer-To-Peer Music File Sharing: The Napster Case and the Argument Against Legislative Reform Archived 2010-07-09 at the Wayback Machine
  16. "Metallica's Kirk Hammett: 'We're Still Right' About Suing Napster". Rolling Stone. 2018-05-14. Archived from the original on 2019-10-16. Retrieved 16 October 2019.
  17. Menta, Richard (October 28, 2000). "Did Napster Take Radiohead's New Album to Number 1?". MP3 Newswire. Archived from the original on January 4, 2018. Retrieved January 21, 2005.
  18. "Case Nos. C 99-5183 and C 00-0074 MHP (ADR)" (PDF). FindLaw.com . Archived (PDF) from the original on February 14, 2006. Retrieved February 12, 2009.
  19. "Rapper Chuck D throws weight behind Napster". Cnet News. May 1, 2000. Archived from the original on July 11, 2012. Retrieved February 17, 2009.
  20. 2001 US Dist. LEXIS 2186 (N.D. Cal. Mar. 5, 2001), aff’d, 284 F. 3d 1091 (9th Cir. 2002).
  21. Lessig, Lawrence (2004). Free Culture: The Nature and Future of Creativity. Penguin. pp. 73–74. ISBN   978-0-14-303465-0.
  22. "Napster to ditch MP3 for proprietary format". theregister.co.uk. Archived from the original on 2017-08-10. Retrieved 2017-08-10.
  23. "Bertelsmann to buy Napster for a song". CNET. Archived from the original on 2016-03-10. Retrieved 2016-02-29.
  24. Teather, David (2000-11-01). "Napster wins a new friend". The Guardian. ISSN   0261-3077. Archived from the original on 2016-03-05. Retrieved 2016-02-29.
  25. Skillings (September 15, 2008). "Best Buy nabs Napster for $121 million". cnet.com. CNET. Archived from the original on April 20, 2016. Retrieved January 4, 2016.
  26. "Today is Napster's last day of existence". CNN. November 30, 2011. Archived from the original on September 18, 2020. Retrieved August 3, 2020.
  27. "We Are Napster". Napster Team. July 14, 2016. Archived from the original on July 17, 2016. Retrieved July 15, 2016.
  28. "Services | Napster". Napster. Archived from the original on 2018-03-27. Retrieved 2018-03-27.
  29. "Press Releases". www.iheartmedia.com. Archived from the original on 2018-03-27. Retrieved 2018-03-27.
  30. "Napster Sold to Virtual Reality Concert App MelodyVR for $70 Million". Billboard. 2020-08-25. Archived from the original on 2020-08-26. Retrieved 2020-08-26.
  31. "Hivemind and Algorand today announced the acquisition of Napster, to once again revolutionize the music industry by bringing blockchain and Web3 to artists and fans". Linkedin. 2022-05-10. Archived from the original on 2022-05-28. Retrieved 2022-05-10.
  32. "Breaking: @HivemindCap and @Algorand today announced the acquisition of @Napster , to once again revolutionize the music industry by bringing blockchain and Web3 to artists and fans. Music industry veteran Emmy Lovell has been named interim CEO". Twitter. 2022-05-10. Archived from the original on 2022-05-10. Retrieved 2022-05-10.
  33. Menn, Joseph (2003). "All the Rave: The Rise and Fall of Shawn Fanning's Napster". Crown Business. ISBN   0609610937.
  34. John Alderman (August 8, 2001). Sonic boom: Napster, MP3, and the new pioneers of music . Perseus Pub. ISBN   978-0-7382-0405-5 . Retrieved January 29, 2011.
  35. Napster wounds the giant : Music Archived 2009-06-01 at the Wayback Machine . The Rocky Mountain News (January 5, 2009). Retrieved on January 29, 2011.
  36. "Information Security News: Napster founder has cameo role in 'Italian Job'". seclists.org. Archived from the original on 2018-03-27. Retrieved 2018-03-27.
  37. Kirkpatrick, David. With a Little Help From His Friends Archived 2015-01-21 at the Wayback Machine . Vanity Fair. October 2010.