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Napster and the "The more things change" rule

By | June 11, 2009, 9:05am PDT

Summary: Drew Wilson at Zero Paid points out that Napster celebrates its 10th birthday this month. The Globe and Mail takes a deeper look in its Download Decade series. In the last decade, iTunes, Amazon, and various subscription music services have demonstrated there’s a vast audience more than willing to pay for entertainment downloads [...]

Drew Wilson at Zero Paid points out that Napster celebrates its 10th birthday this month. The Globe and Mail takes a deeper look in its Download Decade series. In the last decade, iTunes, Amazon, and various subscription music services have demonstrated there’s a vast audience more than willing to pay for entertainment downloads given the right mix of value and convenience, though pricing and freedom from DRM remain sticking points. At the same time, lawsuits against individual alleged file sharers march forward, and the entertainment industry has not relented in its pursuit of what it perceives as Napster’s successors (e.g., Pirate Bay, Real DVD). Which prompts me to wonder: in the ten years since Napster sent the entertainment industry its wake-up call, has anything fundamentally changed?
[Update:] Or as Bob Lefsetz puts it: “So I just don’t understand this ten year period. What did the rights holders prove?”

Poll

The entertainment industry has had 10 years to wake up and smell the coffee; has it?

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Denise Howell is an appellate, intellectual property and technology lawyer who enjoys broad industry recognition for her expertise on the intersection of emerging technologies and law.

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Denise Howell

I am a practicing lawyer and consultant on legal issues relating to the Live Web and social media, with a small, hardy, and eclectic group of clients. From time to time I may mention one of them and/or their activities on my ZDNet blog (as I have done periodically on Bag and Baggage), but if so I will try to always remember to identify them as such in the post itself. I blog and podcast in various and sundry places. Those that pay me at the moment and/or are anticipated to do so are here at ZDNet, and over on TWiT.tv for my show this WEEK in LAW. I speak fairly regularly at conferences or other events; some of these involve actual compensation, though most do not. Boards: I am on the board of the Attention Trust, and the advisory boards of Top Ten Media and the Law and Policies Institutions Guide. Investments: I invest or have invested tragically modest sums of money in technology (and occasionally other) companies for which I have a personal affinity, including Google, Apple, Amazon, and eBay. My investment accounts include individual stocks and mutual funds the precise composition of which I have long since lost track of. And my husband invests some of our community funds in Goodness Knows What. It is thus entirely possible that I or my family have some miniscule financial interest in companies about which I write here from time to time, and you should feel free to take that into account — though as a generally pleased user I think I'd probably write enthusiastic things about Apple and Google even if I weren't purchasing tiny amounts of their stock in anticipation of the value I hope it will have when my son reaches college age.

Biography

Denise Howell

Denise Howell is an appellate, intellectual property and technology lawyer who enjoys broad industry recognition for her expertise on the intersection of emerging technologies and law. For further details please see her professional background and speaking schedule.

Denise's career is characterized by her passionate engagement in intellectual property issues, technology, media, and all forms of online communication. She writes one of the first law-related weblogs, Bag and Baggage and coined the term "blawg" as shorthand for legal weblog. She hosts this WEEK in LAW on TWiT, probing the areas where technology and society intersect in ways that present new, unique, or difficult issues under existing and developing law, and has a further audio series at IT Conversations, Sound Policy. She is a regular columnist for The American Lawyer magazine. Denise is a member of the Identity Gang, Project VRM, a board member of the Attention Trust, and an advisory board member of Lisensa/Top Ten Media and the Law and Policy Institutions Guide

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RE: Napster and the
ks2problema 28th May 2010
As long as tech writers (not necessarily talking about present company, mind you) remain mired in old-think, some very good products -- like the kind of subscription streaming offered by Rhapsody and Napster -- will have an uphill struggle to reach critical mass in the public imagination. We still frequently hear tech writers talk about how they don't want to 'rent' their music.

"What happens when I give up my subscription?" they ask. Well, they stop getting unlimited amounts of all the music they want for around $10 a month. That's true. But that's a CD or less a month. For the same money, I get unlimited listening to almost anything I want to hear, old, new, just out, obscure classic.
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Hulu has the right idea
Michael Kelly 11th Jun 2009
as far as offering free content in exchange for mandatory commercials (which is no worse than TV without a DVR) but of course it is still too limited in content to call it a success. But overall it's very obvious that the entertainment industry does not get it. Every positive step they have made towards a compromise of mere fairness has been done while kicking and screaming every step of the way.

Really, all people want is the ability to watch whatever they want whenever they want wherever that want. And most people are willing to either pay a fair fee for that ability or put up with commercials in exchange for making it free. It's not even DRM per say that turns people off, it's the fact that the terms of ALL mainstream media's DRM prevents people from obtaining their "whatever, whenever, wherever" goals. Hulu comes the closest, they at least do a good job of covering the "wherever" goal, and "whenever" isn't bad, though movies do expire eventually. But as I said, the choices are too limited, though that wouldn't be a problem if whomever holds the copyrights to other movies/shows were to have a similar model as Hulu.
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"ALL mainstream media's DRM prevents people from obtaining their "whatever, whenever, wherever" goals"

That's the point actually.

DRM was designed to prevent casual copying by everyday users. It doesn't stop Jack Hacker from distributing stuff, but it will prevent the everyday person from turning into one.

The "whatever, whenever, wherever" slogan can easily be twisted by file-sharers, and it is - just look at Sweden. When you put a zero-figure value on intellectual property, there is no motivation for creative innovations.
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RE: Napster and the
rolfbrye 11th Jun 2009
I think the recorded music industry "may" be just beginning to wake up. As to the rest of the entertainment industry, hard to say ....
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RE: Napster and the
ks2problema 28th May 2010
As long as tech writers (not necessarily talking about present company, mind you) remain mired in old-think, some very good products -- like the kind of subscription streaming offered by Rhapsody and Napster -- will have an uphill struggle to reach critical mass in the public imagination. We still frequently hear tech writers talk about how they don't want to 'rent' their music.

"What happens when I give up my subscription?" they ask. Well, they stop getting unlimited amounts of all the music they want for around $10 a month. That's true. But that's a CD or less a month. For the same money, I get unlimited listening to almost anything I want to hear, old, new, just out, obscure classic.

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