A & M Records Inc vs Napster.Inc

Copyright violation is the unauthorized printing, selling, and/or exhibiting of written material, musical compositions, art works, photographs, movies, TV programs, and other creations placed in a tangible, preserved medium of expression. Users of Napster are clearly violating this. Copying songs typically constitutes copyright infringements, although there are some exceptions that will be discussed later in this paper. A Copyright owner has the exclusive right under the law to reproduce and distribute the

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Sharing of the files using Napster software does not fall under personal use either. Search engine only works when host user makes their computer available to others. AHRA ¡°provides that copyright infringement cannot be brought against a manufacturer, importer, or distributor of digital recording device, digital recording medium, analog recording device or analog recording medium which is intended for noncommercial use by a consumer of such a device or medium for making music recordings or analog music records¡±. Hard drives are located in PC, and PC¡¯s primary purpose is not the recording or playing of music, so it does not fall under the definition.

Character of Use asks where such use is for commercial nature, nonprofit, or personal nature. However, it¡¯s unclear to determine how much impact and how significant damage to recording industry. Quality of MP3 is almost ¡°near-CD¡± when played in the PC or MP3 player, but when it is transferred to CD, MP3 file needs to be uncompressed to bigger file, and in the process, audio quality is significantly reduced compared with that of manufactured CD. Napster also had ability to block the transmissions of files that were violating copyright violations. Napster scenario does not apply to ¡°fair use¡± under Nature of Use because musical composition is merely a creative work. So, MusicWare acts just like a typical search engine, like Yahoo, and Napster can be protected under this. However, they also claimed that users are engaged in the ¡°fair use¡± of the copyrighted work. What users receive are slightly diminished quality digital files.

Napster also argued that under the Audio Home Recording Act(AHRA), Napster users are not infringing copyrights.

First, Transmissions must occur at the direction of a person other than the service provider. From looking at different perspective, impact from free MP3 distribution really depends on user¡¯s age group as well.

Common topics in this essay:
Market Character, CD MP3, Napster MusicWare, Users Napster, ActAHRA Napster, CD Napster, DMCA Napster, Inc San-Mateo, Records Inc, Napster Napster, ¡°fair use¡±, mp3 files, service provider, napster users, music files, host user, audio quality, financial benefit infringing, applies napster, device medium, diminished quality, benefit infringing activity, audio quality original, ¡°fair use¡± copyrighted, ¡°fair use¡± nature,

Approximate Word count = 1781
Approximate Pages = 7 (250 words per page double spaced)

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