What exactly is Napster guilty of? Is Napster guilty of copyright infringement or should that accusation go to the people who use the service? The reason that I pose this question is quite simple. Just because Napster provides the means, they have not participated in copyright infringement acts or illegal activities.

Guns are made for a specific purpose; to shoot. If someone legally purchases a gun and shoots and kills them, is the gun seller responsible for the shot person’s death or injuries? I think not. If someone uses Napster to download a song and the artist doesn’t make any profit from it, is Napster responsible for the theft? I think not. Yes, Napster may have been created to purposely exchange music over computers without compensating the artist, however, if Napster hasn’t been the one doing this, where is the crime or infringement?

Anthony Ewing
1997 MSU graduate