2000.07.29
So, you've been following the Napster story, right?
If you've been living in a cave, Napster is a peer-to-peer program that lets you
"swap" songs with 21 million other music lovers all over the country. For free.
All right, so maybe technically it's thievery. More on that in a minute. First, the
technical stuff:
When you run Napster, you can copy MP3's directly from other PC's and workstations
running Napster software. Of course, this means Napster also turns *your* computer
into a server that anyone else can access, so before you run it, you may want to
sit back and ponder the security implications of *that* ...
O.k., that's enough.
When you run the software, you login to one of Napster's servers; as part of the login
procedure, I guess your local Napster client tells the server your IP address
and what MP3's are available on your computer. Then you run a search for whatever
song you want to "swap," and -- woo-hoo! -- it's just a double click away.
Oh yeah. There also a "chat" feature so you can talk to other users if you're some
kind of weirdo.
The story this week is that a Federal judge ordered Napster to shut down their
servers by midnight Friday, effectively killing the whole thing. As a result, there's
been a crazy Napster marathon going night and day. (I had this program on my machine
for a few weeks. When I heard it's going away, suddenly I need to stay up to 2:00 copying
Judy Garland - Somewhere Over The Rainbow.) But yesterday afternoon two appeals judges
granted a stay, so it looks like Napster is still alive, for now.
Now for the legality/morality stuff: Yes, it's stealing.
Of course, having one's stuff pirated can be good. I think Microsoft understands this:
In the late 80's, Wordperfect was still the standard, but I wrote my grad school thesis
with a pirated version of MS Word. And in later years, when I could afford to pay for
software, I stuck with Microsoft products -- not out of any loyalty, but because by
then I had invested hundreds of hours working with the MS products, and I knew all the
in's and out's of the software.
Today, Microsoft's products are standards not just in developed countries, but also in
developing countries where people would rather pirate stuff than pay $500 a pop. But I
think Microsoft only puts up a feeble protest about this. If MS could prevent developing
countries from pirating their software, the end result would be that they would stop
using it. In the long run, it will be much more profitable for Microsoft if its pirated
software takes over a new market. The day will come when that market outgrows
its pirate mentality and starts paying for Office just like everyone else in the world.
For me, the end result of my Napster dabblings will be that I'll buy more CDs (particularly
The Rolling Stones), and then I'll make a cassette tape for my car. But I'm not trying to
make some lame justification for pirating. If it looked like this Napster thing was going
to go on forever, I'd probably buy some software and a CD burner and learn how to make my
own CDs. Or even better, figure out a way to jack a MP3 player into my car stereo.
After that, I'd stop buying *any* CDs.
So the record companies have a legitimate worry. But it's hard to feel sorry for them,
when they did so much to put themselves in this situation. The record companies should
have put their entire catalogs online as MP3's three years ago, and started selling
them for a reasonable price. (A quarter a song is reasonable, but I guess I could live
with a dollar.)
Instead, they spent the last three years whining and crying about how, if they
put music online, people would be able to pirate it. And they did nothing else.
You can't stop the future. Now the people who should have been customers have put the music
online, because the record companies wouldn't! If the record companies had done what
they should have, Napster wouldn't exist today -- at least, not as mainstream software
on millions of PC's.
Sure there would be some pirating -- there always is. But the vast majority of people
are surprisingly honest. If you give them a legitimate way to get what they want, they
won't screw around with pirating. (Software is the most easily pirated product in the
world, but look at how many copies of Office Microsoft sells each year.)
And, man, talk about missing the big picture. Online music is an incredible opportunity
to sell _a_lot_more_music_! If I owned stock in a record company, I'd be really pissed
about them screwing up so badly. During the big internet bubble, they could have all
had .com valuations!
If you want to see what the future should look like, check out the Emusic site. But hold off on the $9.99 subscription
until they get a lot more music online.
If you want to keep up-to-date on this Napster thing, the Weblogs domain has a pretty
active Napster Weblog. I think
Dave Winer, the Scripting News guy, is writing it. The weblog has a
definite pro-Napster bias, but is honest enough to admit that the Napster experience
needs to be "legitimized." Incidentally, Winer has a great analogy right
here that explains the appeal of downloading music over the Internet.
BTW, I'm running the Mac client version, Macster, on my computer. It's really
simple to install and operate. Go ahead, give it a try. It won't be around much longer.
:-)
2000.07.05
It's about time! Vermont women become
first legally united same-sex couple in U.S.
The Vermont law falls short of actually labeling this a "marriage". I think that's
a compromise that gay rights advocates can live with, since it seems to be a meaningless
distinction. In any case, you've got to start somewhere.
My understanding of the law is that it gives homosexuals the same inheritance and
state-tax rights as married couples. (Of course, they still won't be able to file
joint federal tax returns.)
More importantly, gay "divorces" will be settled in the same court as heterosexual
divorces. This solves what I consider a real "catch-22" problem with benefits,
particularly work benefits. Benefits such as health insurance coverage are usually
limited to married partners, not live-ins. And rightly so; if *you* aren't in a
legally binding contractual relationship with your partner, then why should your
employer be in one?
But laws against same-sex marriage make it impossible for gays to have the
same level of legal commitment to their partners that straights have. Same-sex
marriages are illegal in 49 states, usually in the name of "protecting the institution
of marriage."
What b.s.! The state shouldn't be involved in legislating who you can marry. But
here we are using governmental authority to define the institution,
and even the purpose, of marriage. (I thought the Catholic Church had dibs on that job.)
As a legal institution, marriage and divorce are important instruments for
creating and dissolving intimate partnerships between two individuals. You know, things
like joint ownership rights and legal responsibilities with regard to personal
property. I can't think of any valid reason for the government not allowing two gays
to establish a similarly binding partnership with an equivalent legal status.