|
Metallica vs byrds Original Source Link: (May no longer be active)
http://www.msnbc.com/news/431202.asphttp://www.msnbc.com/news/431202.asp
Congress debates Napster, MP3
Metallica drummer and Napster CEO testify on digital music
Lars Ulrich, center, member of the rock band Metallica, talks with Napster CEO Hank Barry, right, during Tuesday's Senate Judiciary Committee hearing on digital music.
By Lisa Napoli
© MSNBC
July 11 Ñ The digital music debate moved to Congress Tuesday as the head of Napster and other online music executives testified about music downloading and its impact on the recording industry
THE SENATE JUDICIARY COMMITTEE, which two years ago pushed forth the Digital Millennium Copyright Act that many had hoped would solve thorny issues of intellectual property on the Net, convened the fact-finding hearing. Though no new ground was covered, the hearing underscored the growing interest in the future of the music industry and how the Net is changing it.
The sight of Senator Orrin Hatch shaking hands with heavy metal drummer Lars Ulrich in the Senate chamber illustrated just how mainstream the once underground pastime of online music has become.
Ulrich, the drummer for Metallica, said Napster had ÒhijackedÓ the groupÕs music. The band is now legendary on the Internet for suing Napster, the file-sharing music software available on the Net that has become the center of the debate. Many of MetallicaÕs fans tout the move as hypocritical and greedy, for the band in its early days, eager to promote itself, encouraged bootlegged tapes of its music, and is now perceived as turning on its fans.
Ulrich told the committee that the group was stunned to find its music available for free on the file-exchange website. He said downloading music is the same as stealing from a music store. And he said every time it happens, the artist, songwriter, and the musicians involved donÕt get paid for their efforts.
Defending Napster was the companyÕs newly installed chief executive, Hank Barry, who told the packed hearing room that he believes Òtechnology does not mean the end of intellectual property.Ó Barry evoked the thriving motion picture industry and its unsuccessful battles in the early 1980Õs to quash the video cassette recorder as evidence that Napster will ultimately succeed, and is in fact good for the music business.
TRIAL STARTS THIS MONTH
Whether the courts agree with the Napster argument may be decided as early as July 26, when the much anticipated trial begins in the case of the Recording Industry Association of America against Napster. Many watching the case believe it is possible that that will be the day Napster could be forced to shut down, unleashing what will invariably be a flurry of dissent.
Michael Robertson, the founder of MP3.com, which recently lost its own copyright battle with the RIAA, said the Internet poses both exciting and dangerous challenges for the music industry, and acknowledged that there are no easy answers.
ÒNever before in history has there been such a fog surrounding what a consumer can lawfully do with their music,Ó Robertson said. ÒI do not have the answers, but I do know the questions: Can I play my music over the Internet? Can I store my music using a music service provider without fear of shutdown? Can I stream my music to my cellphone? How about to my Palm Pilot? Where do my rights start, and where do they end? What do companies that I need to help me access these rights have to do so I know they are lawful companies to choose to help me?Ó
Others who testified emphasized the complexity of the debate and the divide it is causing among those in the industry. Roger McGuinn, of the 60Õs group The Byrds, testified after the Metallica drummer from his very different vantage point.
McGuinn said that royalties from the sale of traditional music have not been enough to support his family, which is why he turned to MP3.com, which has a 50-50 royalty-sharing program with musicians.
Also appearing was Gene Kan, a developer of Gnutella, the non-traceable file-sharing software that both sides of the debate agree is the next wave in the controversy. Even Napster officials have said that squashing that service is futile in preventing free music-downloading, for services like Gnutella will continue to sprout up.
In his testimony, Kan cited the costs to the environment in producing compact discs as one of a number of reasons digital music is preferable. He told the committee that Internet music users will invariably try to beat standards created by Secure Digital Music Initiative, the music industry alliance created to outsmart the Mp3 format.
While Senator Hatch said the purpose of the hearing was not to interfere with such technological standards setting or pending litigation, he closed the three hour inquiry by saying, ÒWhat weÕre hearing is that fair and reasonable licensing needs to take place.Ó
|
|
