With the help of a program written in 1999, 18-year-old computer science student at Northeastern University named Sean Faning unwittingly forever transform the way people use the Internet. The title of his program – Napster. Napster was the name of his teenage nickname because of his hair padguznyh, Napster – a free program for downloading, which could transform individual computers into servers that transmit MP3 music files over the Internet. Instead of a central server that stores all the music files, Napster has worked as an information carrier. Users can log in of Napster, search for artist or song title, and then go directly to the load to another user's hard drive. Slightly more than a year after its initial launch, Napster soon became one of the most well-known and very popular sites in Internet history. At the height of Napster advertised about 60 million users worldwide (Collins, 2002). Few Faning realized that his children will soon become as ubiquitous on the Internet, as e-mail and instant messaging. Not only that Fening understood that follows from this legal experience, which will be created as a result. In the end, what started as a simple program written for friends to share music, soon attracted the attention of not only young people around the world, but the IRA in the recording industry.
The history begins with Nepsteram south of Boston in the city of Brockton, Massachusetts. 17-year-old Calin Fening was a senior high school student in 1980. One night, her older brother threw a party, marking his release in high school, and hired a local band called "MacBeth", to play at a party. It has received a great success: nearly 3,000 people spent at home. Younger brother John walked knee hat to collect money to pay for the group, and by the end of the night sent the pair of solemn money, his first entrepreneurial experience. On the same night, saying Fannings, Colleen was connected to one of the musicians and became pregnant. With the support of his father, Colin kept the child and named him Sean. However, the biological father of Sean, which was the son of one of the richest seven & # 39; ads Massachusetts rescued. In the end, Colin married ex-marines, who rode on a truck for a local bakery. His name was Raymond in September & # 39; e. The pair had four children, and Colin took care of them all, while her husband worked. "Money has always been a pretty big problem," – Sean said in the article "Business Week 2000". He added: "Around this was a lot of stress" (Ante, 2000).
Sean grew up near the public housing projects in Broktane. While September & # 39; er could see its already timid son comes out of chaos within the city that constantly surrounds him: "He went inside himself in depth and said: & # 39; I want to get out of it & #. 39, Despite the fact that it meant losing him a little bit, I would like for him, "- said in September & # 39; er, busy then a nurse's aide. While Sean was getting old, September & # 39; er turned to his brother John's business to help manage his son. As an incentive to the study, for every "A" he brought home from school a school Faning Uncle John and gave him the money. He also bought a nephew of computer & # 39; yuter Apple Macintosh, which in September & # 39; EPA never had any money (Menn, 2003). Life for the family of Sean & # 39; and Faninga consistently deteriorated. Relationships between fathers finally ended when his mother and stepfather had a split. During the year Sean and his siblings were forced to live in a foster home (Ante, 2000). Nevertheless, entrepreneurial uncle John Faning Shawn was always there to offer support to the young nephew. Sean worked in the summer as an intern in the department Chess.net Internet companies uncle John, NetGames, in the neighboring city of Hull. There Shawn became quite adept at programming from stazhystav studying computer science at Carnegie Mellon University. But, despite the fact that John was fond of his nephew, Sean reluctantly swallowed his uncle with a good work ethic. Sean had difficulties with the implementation of tasks and instead often focused on the games in the video game. "I just started programming, so a lot of time spent just vazhdayuchysya projects and playing," – said Sean (Ante, 2000). However, at that time Sean has learned that will soon make its digital music files MP3 (Maine, 2003).
Soon after graduating from high school in Garvitskay 1998 Shawn enrolled at nearby Northeastern University. What eventually became Nepsteram, it was created in the lounge for freshmen neighbors Faninga room at Northeastern University. After hearing complaints roommate, finding nothing but dead links to MP3 music files with conventional search engines such as Lycos and Yahoo !, as Shawn looked for an easier alternative. His idea was simple. He wanted to combine the usual ease of using the Internet file transfer technology, Internet Relay Chat (IRC) of such a network. Shawn knew he had to be a way of & # 39; to combine the width of the search engines such as Google, with "presence information" systems, such as instant messaging, which know who is signed at any time (Menn, 2003). This combined with the ability of individual users to choose which files you can share with others when you connect to the Napster network. These innovative elements of the program and the Napster network finally eliminated problems associated with dead links. In addition, when all users save music on their own computers, electronic tubes are zasmechvatstsa, when the new system is simply hooked up a couple of people and then gave up their own communications (Menn, 2003). Finally, these elements added feature that allow users to online-Napster to communicate in real-time.
Sean dropped from the North East in January 1999 to devote his full time to perfect his invention. According to a former colleague Tarek Chess.net Lubanov, he had rarely seen someone so focused. "I do not think people can appreciate how it worked," – said Lubanov (Menn, 2003). He only vaguely remembers the stage in mid-1999, not remembering the exact months, weeks or days. Among the common memories that he left behind this time, bends his Dell laptop, code is written and trickle on Uncle John's couch and the floor. Fearing that the software company has introduced a similar product in front of him, he furiously wrote all the source code for Napster 60 hours (Greenfeld, 2000). In May 1999, Shawn's uncle John has registered the company as Napster. John Faning would retain 70% of the shares of the corporation, and nephew Sean has retained only 30% of the shares of the corporation. Justification uncle John was that Shawn desperately needed a seasoned businessman like him to deal with the nuances of conducting the campaign. (Maine, 2003).
Word spread quickly at the University of Northeastern University, as soon as they have a former classmate Shawn pre-Napster beta program has been prepared, prepared for testing June 1, 1999. Hundreds of college students soon to engage in trade music. This revolutionary new file sharing service quickly became a buzz among Internet writers who frequented the boards of & # 39; ads and chat rooms. Napster has grown and developed rapidly network. Faced with the prospect of unprecedented popularity in such a short period of time, Fannings decided to raise capital for additional bandwidth and servers. The company moved from Hull, Massachusetts in San Mateo, California, to a more spacious location and hired additional workers. Additional capital investments in Napster came just in time. Napster became so popular that in some college campuses appeared clogged servers, the number of students who only use Napster. Schools like Penn State University, in 1999 introduced a moratorium on the use of Napster on campus campuses and on the Internet to try to alleviate the problem. Misfortune Napster has only just begun.
Sinister eventually attracted the attention of the American Association record (RIAA). December 7, 1999 beginning RIAA lawsuit against Napster, which claimed copyright infringement. In addition, the RIAA seeks compensation in the amount of $ 10 000 for each author's song, which is sold by Napster network. The unprecedented trial attracted a lot of media attention and achieved greater popularity of Napster, particularly with college students. Eskalatsyynyya groups of young people flocked to of Napster, to change the music, and the community soon attracted millions of members worldwide. At any time during this period with the Internet & # 39 appeared to millions of users, selling hundreds of thousands of songs.
Later, in the spring of 2000, the heavy metal band Metallica learned that unreleased studio release of their song "I Disappear" was traced and traded Napster. The result was that the single has been heard on many radio stations across America. Metallica was determined to find out how the song became so widespread. The obvious culprit was Napster. A claim of copyright infringement was filed April 13, 2000. After PDNet engage a consulting firm, Metallica soon discovered that the last weekend in April 2000, more than 335 000 individual users Napster sell their music on the Internet. May 3, 2000 Napster was granted 60 000 pages of user names that allegedly traded copyrighted Metallica songs copyright by Napster network. Metallica demanded that Napster ban 335,000 people are trading their copyrighted material, and Napster agreed. Napstera lawyer Laurence Pulgram said: "Napster launched emergency measures to comply with Metallica demands to block hundreds of thousands of supporters from using Napster system." He also added that "of Napster has always stated that it would act in response to copyright owners, and he fulfilled this commitment in good faith." (Dansby & Uhelszki, 2000).
May 5, 2000 Napster was a fatal legal blow. Judge of the US District Court Marilyn Hall Patel ruled that Napster is not entitled to "safe harbor" under the Copyright Act of the Digital Millennium 1992. The original Napster protection RIAA lawsuit was the fact that it was included in Section 1008. This section of the Act expressly states that:
"Under this heading can not be before the & # 39; revealed no claims of copyright infringement (1), based on the manufacture, importation or distribution of a digital audio recording device, digital media audio, an analog recording device, or an analog recording medium, or (2) based on the noncommercial use by the consumer of such a device or medium for making digital musical recordings or analog musical recordings. "
The court found that Napster users were admitted to widespread copyright infringement. In addition, the regulation also states that Napster "is responsible and liable for their actions." Exclusion from the 1008 AHRA section does not apply here, since the law provides immunity only commercial copying, rather than from public distribution. Napster network consisted of more than 20 million people. Thus, whenever the user is logged into the network and a shared hard disk content, it is widely distributed copyrighted material. Section 1008 AHRA As for breeding, not distribution of copyrighted materials. Therefore, according to the court, Napster users infringe copyright infringement, and Napster promoted copyright infringement. Judge Patel granted the RIAA request for a preliminary injunction, and July 26, 2000 it was ordered to close the site.
Meanwhile, Napster appealed the decision of 2 October 2000. Napster appeal was lost February 12, 2001. The offer of $ 1 billion from Napster to go beyond the court with the record industry was soon rejected. March 5, 2001 the Ninth Circuit Court ordered Napster to stop the trade of materials protected by copyright, in its network. As a result, Napster began to use filters to their search engine. Napster system completely blocked any artist name or song copyrighted when searching for users. Popular performers and song titles are no longer displayed in the search results. As a result, smart users Napster filters bypassed, intentionally wrong spelling of artist or song title on the hard disk. Napster users are still able to upload copyright music. As a result, Napster completely shut the entire network in July 2001, to comply fully with the court order. September 24, 2001 Napster settled with copyright owners in the amount of 26 million dollars for the illegal use of music and $ 10 million in advance to cover the coming of the royalty agreement. Napster May 17, 2002 has announced an agreement with Bertelsmann AG of Germany. The agreement would allow "Napsteru" to develop subscribers with a music catalog of Bertelsmann AG, in exchange for something that the German company has stopped the lawsuit against Napster. However, June 3, 2001 Napster filed for bankruptcy in accordance with Section 11. Sale of the company Bertelsmann AG was blocked, and Napster was forced to deprive the rest of its assets.
The current legal incarnation of Napster – a premium service to the subscriber base. Roxio purchased the Napster assets at auction in 2002. According to Wikipedia (2005), a member of which can temporarily rent a song, calculated monthly fee of $ 9.95 USD with the possibility to pay an additional $ 0.80 to 0.90 dollars per permanent download songs. While the new Napster has only a fraction of the old Napster's popularity, others fill the void in the world of peer files sharing. Popular services such as Kazaa, Limewire and Morpheus, are using technology infamous Sean Faninga. Yet in places where the original Napster was a central server, these services may vary by connecting directly to other network users. They are in fact difficult to adjust for copyright infringement, and as it is almost impossible to stop.