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INTERNET GRANDFATHERŽ
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NAPSTER Napster continues to make the news as the record companies continue to beat it up in court and the difficulties of maintaining its service grow. I've never used Napster, I don't fully understand how it works or what the legal issues are but the publicity has made me think about change. I'm as bad as anyone in resisting change and my ISTJ personality encourages continuity. But we all know that the rise of the internet is one of the most important developments in my lifetime and I embrace the changes it brings with open arms. Whenever any innovation crops up, those whose interests are threatened will try to stop or stifle it. I'm sure that radio threatened someone who sought legal remedies against it. I know that television was viewed, rightly as it turns out, as a threat to radio and that broadcast networks have lobbied against cable. So the actions of the existing distributors of recorded music to stop Napster aren't much of a surprise. (I recently read that a group of music publishers are suing some of the record companies over the same issues as the Napster case raised. I also know from my own listening that contentious issues remain in connection with webcasting of radio broadcasts. In this way, the development of the internet is slowed and made more costly and we all pay the price.) The results in court are also no surprise: Our present laws were developed before anyone heard of the internet, let alone Napster. Moreover, copyright laws are important: before we had the notion of copyright, composers, writers and other artists were not rewarded proportionately to the value of their works. Having said all that, I remain troubled by the resistance to change we're seeing. We must find a way to accommodate new and beneficial instruments. The efficiency of the internet in transmitting information of all kinds must not be stifled. And our laws must be adjusted to allow for innovation. Society and its laws are slow to deal with change. And with modern means of communication, which are swift and widespread, change accelerates. To my mind, our lawmakers need to accelerate their work to deal with change in a way that accepts improvements without depriving anyone of his or her property rights. In the case of the internet generally and Napster in particular, I see no effort to strike this balance. Instead, we're applying old, pre-internet concepts and stifling change. I'm encouraged that the record companies finally realize the power of the internet and are developing platforms to use that power in distribution of music. (And I'm amused that the record companies are facing some of the same challenges.) I'm sure that without Napster the record companies would be clinging to old methods so Napster may be the unwitting and un-rewarded instrument of change in this instance. But more needs to be done. I say to society as I would say to a friend or family member: Welcome change. Make room for change. Looking back, we'll scoff at those who resisted, as we move on to a richer and easier life. 5-7-01 |