Byte Rights: Paradise Lost
This year marks the 10th anniversary of the founding of the much maligned grandaddy of peer-to-peer music piracy, Napster, and the eighth of the music industry’s first terrible move.
Napster founder Shawn Fanning didn’t exactly invent music file sharing—before Napster, Mac people had Hotline, which, being Mac software, presumably had better fonts, a gorgeous interface, and seven rabid users. What made Napster more than piracy was its many millions of users and billions of downloads. Napster had a population of music fans communicating their preferences and acting as free distributors and archivists, as well as consumers.
It wasn’t the 72,000 copies of Enter Sandman that made Napster interesting. It was finding out that someone out there had digitized their beloved recording of the TV musical version of Around the World with Nellie Bly—some crazy wonderful someone. It’s amazing that Napster didn’t result in more marriages based on hopelessly obscure tastes. It was the only moment when we could tell what bits of 20th century music people care about today, or had a chance to let tomorrow care about them too.
Shortly after the brief months it took to build the greatest catalog of all time, the Napster library was burned to the ground by a 2001 court decision. Now the vestige of its unified vision of all recorded music decomposes, slowly deallocated on isolated hard drives around the world.
With that foot well shot off, the music industry could turn its attention to suing teenagers for billions of dollars.
That Napster was illegal hardly seems to matter now. Straight-up piracy only spread, though that singular catalog was never matched. Music DRM is increasingly abandoned as a failure, and P2P turns out to be a bandwidth money saver. Had the labels embraced Napster, they might have retained a logistical and popular relevancy in the MP3 era. There was no shortage of ideas on how to do it—subscriptions, compulsory licenses, and so on. In the end, it turns out that the biggest losers in the Napster case, besides the fans of the dulcet Nellie Bly, are the music companies. They shut the door on their one chance at the future.
Quinn Norton writes about copyright for Wired News and other publications. Her work has ranged from legal journalism to the inner life of pirate organizations.