For all of you thrown into a frenzy of guilt by Bryan Nichols’ indictment of Napster and the online mp3 swapping phenomenon, rest easy. Nichols misses some key points in his discussion and argument that Napster is bad news for the average musician is severely misled. Chiefly, Nichols fails to mention that the average artists, especially those that are small-time or just starting out, see almost no profit whatsoever from CD sales. The prospect of a record deal functions for the artist almost purely as advertising. If the record sales are successful, then the artists can tour and play gigs to big crowds and finally, they begin to make money. The only artists who have a vested interest in record sales as a source of cash are big-time, long-established groups (such as Metallica) who the record companies know are sure things and thus can afford to give a meaningful (although still minor) share of the profits. The reason CDs cost money is not to compensate the artist for his or her art, but to compensate the record company for producing and distributing CDs (well, a little more than compensate, those capitalist swine!). Putting music on the Web, on the other hand, makes record labels obsolete because it is effortless. Nichols’ claim, “art isn’t free. If you didn’t make it and you want it, you should pay for it” is the platitudingest platitude this side of Platitude Valley. Moreover, it simply isn’t true. Art is free for all sorts of people all the time who are willing to be subject to advertising. Television is an obvious example, but that just begins to cover it. Napster and services like it function in a similar way. They provide people with free music and musicians with free means to advertise their music so they can sell concert tickets. This is why the record companies and Metallica are upset. (Nichols’ claim that “the record companies are happy” is preposterous. Happy people don’t get litigious. Musicians get the same deal from Napster as from the labels, but with Napster, they don’t have to convince some record executive that they have what it takes. They can let the people decide. And the people, not beholden to record companies to shove music down their throats, have the luxury of basing their musical choices on word of mouth or any other criteria they deem sufficient. And when they check out new music, they can decide if they like it instantly, and for free, rather than having to go out and buy a CD. While I’m waxing populist, I’ll address the issue from a “rights” perspective. Services such as Gnutella that don’t have a central server merely provide a forum for swapping files and have a perfect right to do so, and the people that swap them have a perfect right to swap them without the government prying into what they’re swapping. Furthermore, if most consumers are comfortable “sharing” copyrighted mp3 files, then the law and the music industry need to catch up to once again make themselves the servants of the people, not the other way around. Record companies no longer provide people or new musicians with a competitive service. It’s time for the law and Mr. Nichols to let them die.Luke Thompson

Senior

English and philosophy