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Legal vs Illegal

s and television shows (Kahn 50). The Sony Betamax case ruled that, “new technologies should not be judicially banned (or re-engineered) unless the only substantional use of which they are capable is unlawful” (Fitzpatrick10). This ruling of this past court case easily defends Napster, as long as it is not used for an illegal action that would violate copyright laws. This piece of evidence used in the court case against Napster is the main argument that Napster is a legal technology.Compromises and contradictions towards Napster are simple, but do not overcome the total argument that Napster has against the music industry. The big concern for the music industry is that the future presence of Napster may start a loss of profits for the music industry because of the supposed illegal replication that Napster users carry out. Although most users use Napster and still buy recordings, some may never buy a recording again causing the music industry’s minor profit losses. The music companies have collected surveys that suggest the rate at which people will buy their music will decrease by 3.2% each year (AAP 1). This is the first slip in Napster’s argument, but doesn’t allow much space for the music industry to inch ahead in this court case. The information presented by the music industry may not be a legitimate survey of the public. Although the majority of individuals may not commit illegal crimes with Napster some may use it illegally. The feud of whether or not Napster is being used illegally by some users is the music industry’s major argument(Fitzpatrick 10). The only difficulty is that this kind of illegal use is untraceable on a technology like Napster (Kahn 51). If this kind of music piracy is committed there is really no way to apprehend the user. The issue of piracy of the music industry’s product is the true evidence that goes against Napster and digital recording of music. These...

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