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With all the talk about copyright infringement I have seen little press
coverage on the fact that Napster is a technology that promotes
electronic freedom of association.  Online association, even if much of
Napster's is short lived, is the most transformative political
aspect of the Internet from my experience.

Should technologies that promote freedom of association be banned because
some people use them for illegal purposes?  Perhaps Napster as a company
is putting itself at risk because it focuses on music, but any constraint
on the technology itself will be a giant blow, greater than the CDA on
online freedoms.

There is a good story in Time that gets at the social and political
underpinnings for Napster:

     http://www.time.com/time/magazine/articles/0,3266,55730,00.html

Highlights below.

Steven Clift
Democracies Online

P.S. I think it might be time for a "Blue Dot" campaign for freedom of
association online following the model of the "Blue Ribbon" for free
speech.  Think of it this way, if you have a web page and no one visits it
- do you have a web page?  Free speech only has real power within the
context of free association.


Here are some educational highlights from the Time article:

TECHNOLOGY
OCTOBER 2, 2000 VOL. 156 NO. 14

Meet the Napster
Shawn Fanning was 18 when he
wrote the code that changed the
world. His fate, and ours, is now in
the court's hands
BY KARL TARO GREENFELD/REDWOOD CITY


- clip -

And he believed in it because his idea was so
simple: a program that would allow computer
users to swap music files with one another
directly, without going through a centralized file
server or middleman. He'd heard all the
complaints about how frustrating it was to try to
find good music on the Net, how so many of the
pointers on websites offering current (which is to
say copyrighted) music seem to lead only to
dead ends. But Fanning figured out that if he
combined a music-search function with a
file-sharing system and, to facilitate
communication, instant messaging, he could
bypass the rats' nest of legal and technical
problems that kept great music from busting out
all over the World Wide Web.

All he had to do was combine the features of
existing programs: the instant-messaging
system of Internet Relay Chat, the file-sharing
functions of Microsoft Windows and the advanced
searching and filtering capabilities of various
search engines. He reasoned that if he could
write a program that included all those features,
he'd have a pretty cool piece of software.

But there was a huge leap of faith involved.
Nearly everyone he mentioned the idea to
believed it wasn't workable. "It's a selfish world,
and nobody wants to share," snorted his older,
more experienced buddies from the IRC chat
rooms. Fanning, an inarticulate teenager at the
time, couldn't adequately explain himself. He
insisted that people would do it, because, like...
just because.

What he was thinking was that this is the
application that finally unleashes the potential of
the Web, the viral growth possibilities of the
community, the transgressive power of the
Internet to leap over barriers and transform our
assumptions about business, content and
culture. He just couldn't spit out the words to
convince his fellow programmers that his idea
could change the world.

Love it or hate it, that's what Napster has done:
changed the world. It has forced record
companies to rethink their business models and
record-company lawyers and recording artists to
defend their intellectual property. It has forced
purveyors of "content," like Time Warner, parent
company of TIME, to wonder what content will
even be in the near future. Napster and Fanning
have come to personify the bloody intersection
where commerce, culture and the First
Amendment are colliding. On behalf of five media
companies, the Recording Industry Association
of America (RIAA) has sued Napster, claiming
the website and Fanning's program are facilitating
the theft of intellectual property. Most likely the
blueprint for the future of the entertainment
industry will be drawn from this ruling.

Legal issues aside, Fanning's program already
ranks among the greatest Internet applications
ever, up there with e-mail and instant messaging.
In terms of users, the Napster site is the fastest
growing in history, recently passing the 25 million
mark in less than a year of operation. And, as
Fanning predicted, his program does everything a
Web application is supposed to do: it builds
community, it breaks down barriers, it is viral, it
is scalable, it disintermediates--and, oh, yeah, it
may be illegal.

- clip -


In creating Napster, Fanning not only
transformed the music business, but he also
helped launch a new programming
movement--and a whole wave of start-ups
dedicated to what has become known as P2P, or
peer-to-peer, client-based Internet software.
Among Napster's revolutionary qualities is that it
allows computer users to exchange files directly,
avoiding server bottlenecks and, Fanning once
hoped, legal problems. Only Napster's index and
directory reside on a central server; the files are
actually transferred via various Windows
protocols directly from user to user. That means
that no copyrighted material is ever in Napster's
possession.

There are myriad--and totally legal--possibilities
for P2P applications, from swapping dense
technical files through a local-area network
(something scientists at the Centers for Disease
Control are looking into) to replacing corporate
servers with P2P systems for business
applications. "The old days [i.e., the current
Internet] were all about centralization and control,
almost Soviet-style," says Miko Matsumura,
CEO and co-founder of Kalepa Networks, a
six-month-old start-up that plans to link P2P
networks into a sort of alternative Internet. "In this
new topology, everyone brings their own
resources. The new network will be built on top of
the old network. Like Rome was built in different
layers."

The new network, in other words, may not
completely supplant the old, but it offers a new
space for creating ideas and transferring them
faster, more freely, more widely than ever before.
Teams of designers, Web developers and
business-school graduates are working up P2P
programs and business plans and trotting them
over to venture capitalists, who, in the wake of all
the buzz about Napster, have been funding P2Ps
the way they funded their alphabetical brethren
B2Bs--business-to-business companies--last
                              winter.

- clip -

A Peer-to-Peer Primer
Napster and Gnutella let users swap data from
one PC--or "peer"--to another, without going
through a central server. Here's how they work:

 Napster
1 Napster is downloaded and installed on a
personal computer.

 2 The software enables the PC to log on to
Napster's server. When a search is made, the
server checks its database for any other Napster
users who are online and have that file.

 3 If the server finds a match, Napster puts the
computer that has the file directly in touch with
the computer that wants it, and the file is
downloaded from one to the other.

 Gnutella
1 Gnutella is downloaded and installed on a
personal computer.

 2 A "hello" message is sent to a computer that's
already on the network, which forwards it to
seven others, letting them know that the first
computer is onboard. They, in turn, forward it to
six more, which forward it to five more and so on.

 3 A request for a particular file percolates
through the Gnutella network. When it reaches a
computer that has the file, Gnutella connects the
two computers directly, and the file is
downloaded.

 Reported by Lev Grossman

Napster Peers
Pro
--User friendly, even for relative Luddites
--Popular, which means more chance you'll find
the songs you're looking for
--Napster is run as a business, so customer
support matters

 Con
--Its directory is stored on a central server. If the
server is slow, so is the service
--It works only for MP3s, not other files
--Too successful for its own good. Banned at
40% of U.S. colleges

 Gnutella Peers
Pro
--Tough to ban because Gnutella files look like
ordinary Web traffic
--Truly decentralized; Gnutella doesn't rely on
any central server
--Works for all kinds of files; Gnutella isn't
restricted to MP3s

 Con
--You need another user to get onto the network
--It's a grass-roots effort, which means no
tech-support hot line
--Gnutella is a work-in-progress, so there are still
bugs in the code


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