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Napster Wars

"A young Shaun Fanning, attending school in high school in Harwich, Massachusetts had two loves: 1) Sports ( baseball, basketball, and tennis ) and 2) computers. As his curiosity grew for computers, he decided to stop his sport playing, and spend most of his time working with computers. He primarily focused on two aspects of the computer, programming and the Internet. His computer fascination grew into an obsession throughout high school.

His freshman year at Northeast University in 1998 was spent trying to enter computer science classes higher than the entry level. Not finding anything challenging about the courses, he decided to start writing a Windows based program in his spare time.

He started spending time in IRC chat rooms with experienced programmers who knew the tricks of the trade. Shaun's roommate loved MP3's, but disliked the unreliability of old sites, and having to search endlessly for songs that were usually not even available. With this in mind, and his developing skills as a programmer and his curiosity for the internet, Shaun decided to write the Beta for Napster. He used the idea of all users being connected to one central computer server, yet all having access to each other's mu


"A concern struck people in early America of a strong central government. Too strong. To ease concerns like this, a Bill of Rights was proposed, which gave individuals certain rights, which was understood by the government not to infringe upon. Basically it gave humans some rights that the government could not touch.

The Fifth Amendment is part of the Bill of Rights and it holds that individuals cannot be required to give the government information which may be used against them in criminal cases. Subsequent case law has applied the Fifth Amendment in civil cases, too, when there is the possibility that the information in question may be used criminally. The information however, may be used for criminal prosecution in a system like our present tax system. A system where the enforcement of justice is used by an agency to gather information that they may utilize for criminal prosecution"(Conklin).The Fifth Amendment closes by guaranteeing to the people, that no one shall be deprived of life, liberty, or property without due process of law. Now flash back to the whole Napster ordeal. Shaun Fanning has had great success in this program he has developed to simplify the finding of music files on the Internet. Using his own creative genius, and having no malicious intent, should the US government shut down Napster and all of it's productions because it serves as a primary base for music piracy? Technically, yes. Read over again, the last sentence of the Fifth Amendment, , and notice the part reading no one to "be deprived of life liberty or property without just compensation. In that statement the Fifth Amendment is briefly backing up the positions of both sides of the court case. Both are trying to take each others personal property away. The RIAA is trying to shut down Shaun Fannings' program, which he owns full rights to, and Napster is freely distributing copyrighted songs, which have owners. Federal laws provide that you cannot distribute whole copies of copyrighted material freely, without giving any royalties to the owners of that music. Napster provides the well thought argument that they are not providing and conducting the song trading, but merely providing a "elec

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Approximate Word count = 1486
Approximate Pages = 6 (250 words per page double spaced)


  

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