Napster fury fills the Senate

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

NEWS
The battle over online music drew stars to US Congress on Tuesday, as singer Alanis Morissette and former Eagles musician Don Henley joined Napster and record label executives to debate the future of Net music. Although no legislation was being discussed at the Senate Judiciary Committee hearing, the debate helped paint the picture of an increasingly fractious online music world, in which artists, labels, retailers and technology companies each are taking diverging positions. Much of the testimony indicated that the record labels are losing some control of the debate over file-swapping service Napster and the online distribution of music, even as their legal position has been shored up in court. "While I cannot speak for every artist, my initial resistance to the new services created online was based on the debate having been framed in terms of 'piracy'," Morissette told the Senate Judiciary Committee attendees. "Being labelled as such by the record companies, it understandably sent a ripple effect of panic throughout the artistic community. But what I have since come to realise is that for the majority of artists, this so-called 'piracy' may have actually been working in their favour." She spoke out on the importance of the relationship between musicians and their audience. She expressed hope that an interactive solution could be reached that would benefit music fans and musicians immediately and would also benefit record companies in the longer term. Nevertheless, there was no indication that lawmakers plan to turn debate into action any time soon. "I'd like this to be done without the heavy hand of Congress," Senate Judiciary Committee chairman Orrin Hatch (Republican) told the witnesses. "[But] we're going to have a lot more hearings to make sure that everyone here is considered." The answers to the questions raised Tuesday will ultimately go a long way toward determining whether music -- and movies and other digital works -- will be widely available on the Net or tightly controlled by the big music labels and Hollywood studios. Artists, labels, retail stores, tech startups and consumer all have a stake in the issue, as each group tries to position itself to gain leverage in a market still reeling under Napster's influence. For now, it is clear that the record labels are holding most of the cards, a situation that seemed to make some legislators uncomfortable. Several of the senators at the hearing wanted to know whether anything more could be done to spur the release of music online, ranging from small tax incentives to "compulsory licensing" of the type that feeds radio stations and cable TV. Most of the witnesses shied away from the question or said Congress should not be involved. It was left to Napster, reeling under a series of court losses that threaten to put it out of business, to call explicitly for congressional intervention. "I believe it will take an act of Congress -- a change to the laws to provide a compulsory licence for the transmission of music over the Internet," Napster chief executive Hank Barry told the panel. "The Internet needs a simple and comprehensive solution, similar to the one that allowed radio to succeed -- not another decade of litigation." Despite chastising record labels for not pursuing a marketplace solution, Henley also said he would welcome the involvement of Congress -- possibly in the form of an online compulsory licence -- "if a resolution cannot be reached quickly". But that proposal was met with some scepticism from the committee's top Democrat, Patrick Leahy of Vermont, who said that "many in the Senate and in the House, for that matter, feel that we don't want to... jumpstart things with a compulsory licence". Most of the participants in Tuesday's hearings -- which represented many different sides of the online copyright debates -- agreed on a broad goal for the online content market: entire music catalogues, and ultimately movies, should be available widely online. This is happening, and not as slowly as many people believe, contended Hilary Rosen, chief executive of the Recording Industry Association of America. Before Napster, companies both in and out of the traditional music industry believed that delivering singles was enough, she said. But consumers' response to Napster changed those assumptions, and the labels are working as quickly as they can to react. "The business-model thinking has completely evolved since that time," Rosen said. "Napster a year ago said they wanted a legitimate service, and they haven't been able to do it. This is not an easy thing to do." Rosen and Richard Parsons, co-chief operation officer at AOL Time Warner, cited a February decision against Napster by the 9th US Circuit Court of Appeals as a watershed moment, when the online world realised it had to "stop living in a dreamland" and abide by copyrights. That ruling helped spur a partnership among AOL Time Warner, EMI Recorded Music and BMG Entertainment to distribute music via RealNetworks through a service tentatively called MusicNet, Parsons said. "The digital distribution of entertainment content is a real business and will grow exponentially," Parsons said, professing that the market was moving quickly and MusicNet would be available "late summer or early fall". Sony Music Group and Vivendi Universal's Universal Music Group are forming their own subscription service, dubbed Duet. The head of independent music label TVT Records, Steve Gottlieb, told the committee that "without Congress the online music industry may be dominated by owners of the most content", namely the labels behind MusicNet and Duet. "The largest aggregators of content could gain undue advantage and institutionalise positions of dominance." Despite its violation of intellectual property rights, Gottlieb could praise Napster because "all music is available on an equal footing". ZDNet UK Staff contributed to this report. Take me to the MP3 Special Have your say instantly, and see what others have said. Click on the TalkBack button and go to the Napster Debate. Let the editors know what you think in the Mailroom. And read what others have said.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

TerryRK

Well it seems there is something a number of us agree on. Why is the Ubuntu Unity launcher so ugly? I thought perhaps it was something to do with...

3 hours ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

12 hours ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

20 hours ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

22 hours ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

22 hours ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

1 day ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

1 day ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

1 day ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

1 day ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

1 day ago by GHar123 on ACTA stumbles in Germany
JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

2 days ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

2 days ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

2 days ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

2 days ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint
bdantas

Excellent article. One small correction, though--although a fresh installation of Linux Mint 12 will, indeed, provide the user with a version of...

2 days ago by bdantas on A tale of two distros: Ubuntu and Linux Mint
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

2 days ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

2 days ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material