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re-engineered) unless the only substantional use of which they are capable is unlawful” (Fitzpatrick10). This ruling of this past court case easily defends Napster, as long as it is not used for an illegal action that would violate copyright laws. This piece of evidence used in the court case against Napster is the main argument that Napster is a legal technology.

Compromises and contradictions towards Napster are simple, but do not overcome the total argument that Napster has against the music industry. The big concern for the music industry is that the future presence of Napster may start a loss of profits for the music industry because of the supposed illegal replication that Napster users carry out. Although most users use Napster and still buy recordings, some may never buy a recording again causing the music industry’s minor profit losses. The music companies have collected surveys that suggest the rate at which people will buy their music will decrease by 3.2% each year (AAP 1). This is the first slip in Napster’s argument, but doesn’t allow much space for the music industry to inch ahead in this court case. The information presented by the music industry may not be a legitimate survey of the public. Although the majority of individuals may not commit illegal crimes with Napster some may use it illegally. The feud of whether or not Napster is being used illegally by some users is the music industry’s major argument(Fitzpatrick 10). The only difficulty is that this kind of illegal use is untraceable on a technology like Napster (Kahn 51). If this kind of music piracy is committed there is really no way to apprehend the user. The issue of piracy of the music industry’s product is the true evidence that goes against Napster and digital recording of music. These are the major points that are against Napster’s argument, but does not really give up all that much round because of its other arguments to defend itself.

As the court case arrives, the question that people will ponder is, “Is Napster really legal?” The answer to this question is yes. With all of the points that the Napster attorneys have to back up the technology of Napster and its browser capabilities, it should and will win this battle in federal court.

AAP. “Artist Against Piracy” Launch National Media Campaign On The Issue Of Music And The Internet. [Online] Available.http://www.artists against piracy.com/news/press.html, October 27, 2000.

Fitzpatrick, Eileen. “Napster Appeal May Hinge On Sony Betamax”Billboard 23 September 2000, Vol. 112 Issue 39, 10.

Kahn, Jeremy. “Proving Napster Legal Is A Tough Job For Boies”Fortune 02 October 2000, Vol.142 Issue 7, 50-51.

Napster.Artists Sound Off. [Online] Available.http://www.napster.com/speakout/artists.html, October 26, 2000.



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