Year in review: The sound of Net music
For the first time, individuals are sued for file swapping. But Apple's iTunes and other services bring some harmony to online digital media sales.
Net music: Legal downloads amid individual crackdown
Like the several years before it, 2003 saw the history of digital media written largely in the courts. But the release of groundbreaking new services also poured energy into the business that had been unseen since the height of the dot-com days.
Early in the year, a federal judge ruled that Kazaa parent Sharman Networks could be sued for copyright infringement in the United States, opening up a legal battle over the most popular file-trading software application on the Net. A few weeks later, a different judge ruled that Verizon Communications had to give the recording industry the identity of a file-swapping Internet subscriber, paving the way for future lawsuits against individuals.
The Recording Industry Association of America (RIAA) began going down this road in April, when it sued a quartet of college students operating file-trading tools on their campus networks. But record labels and their movie studio allies suffered a stunning legal defeat later that month, when a federal judge in Los Angeles ruled that decentralized peer-to-peer software tools such as Grokster and Gnutella were legal, giving a green light to file-swapping companies for the first time since Napster went to court.
Just a few days later, the digital music landscape shifted dramatically again, with Apple Computer's release of its iTunes digital song store for Macintosh computers. While others had sold digital music by the song before, Apple's simple service, and the flexible usage rules the company had won from previously skittish record labels, put it head and shoulders above any previous effort. The publicity alone, unprecedented for a commercial digital music undertaking, moved online music into a new era.
Despite its unexpected defeat--which it vowed to appeal--the RIAA continued its legal press against peer-to-peer networks. In late June, it announced that it would begin suing individual file-swappers for the first time, and soon began sending out subpoenas to Internet service providers seeking personal information on subscribers it planned to sue. ISPs and civil libertarians challenged the organization's pretrial subpoenas as unconstitutional.
By mid-September, the organization had the information it needed to start, and it launched a first set of 261 lawsuits against computer users. Some of the publicity went awry--one target was a 12-year-old honors student who lived in New York public housing, and another was a Boston grandmother who didn't even have a computer capable of using Kazaa and who had no interest in the hard-core rap she was accused of offering for download. These cases were settled quickly or dropped, but the RIAA pursued others.
Meanwhile, Apple's iTunes was posting unexpectedly high sales even among the tiny Macintosh audience, and countless other Net music and e-commerce companies were lining up to follow suit. Buy.com founder Scott Blum was the first, with a song store called
Finally Apple itself launched the Windows version of its store and iTunes software in November, along with blue-chip marketing partners in Pepsi and America Online. By this time, the company was conceding that it made little or no money from selling the music, but said it saw the store as a way to persuade people to buy its profitable iPod digital music players.
As the year closed, record companies saw a series of legal setbacks. Canadian copyright regulators said downloading--but not uploading--music from P2P networks is legal. More damaging, a U.S. federal appeals court said the RIAA's unconventional strategy of subpoenaing ISPs for the identity of alleged song-swappers before filing any cases was illegal. Cutting the sting somewhat was news from the U.S. Department of Justice, which said it is closing an old antitrust investigation of the record labels' online business practices without filing charges.
Looking toward next year, scores of lawsuits remain outstanding against individuals, and the rush to open online song stores has analysts predicting an imminent shakeout.
--John Borland
Judge: Kazaa can be sued in U.S.
A federal judge rules that record companies and movie studios can proceed with a suit against the Australia-based parent company of the most popular online file-swapping service.Jan. 10, 2003
RIAA wins battle to ID Kazaa user
A federal judge orders Verizon to disclose the identity of an alleged peer-to-peer pirate in a decision that could make it easier for the music industry to crack down on file swapping.Jan. 21, 2003
RIAA sues campus file-swappers
The recording industry files suit against four university students who operated file-search services on their school's internal networks.April 3, 2003
RealNetworks seeks Listen.com buyout
The deal, worth about $36 million in cash and stock, could alter some key alliances in the online music business.April 21, 2003
Judge: File-swapping tools are legal
A federal judge hands a stunning court victory to file-swapping services Streamcast and Grokster, dismissing much of the music and film industries' lawsuits against them.April 25, 2003
Apple unveils music store
The Mac maker's new digital music service offers downloads for 200,000 songs at 99 cents each, with unlimited CD burning and iPod transfers--among the most liberal licensing terms to date.April 28, 2003
Judge mulls DVD-copying case
The judge in the closely watched 321 Studios case says she's "substantially persuaded" by past court rulings favoring copyright holders.May 16, 2003
Labels aim big guns at small file swappers
The Recording Industry Association of America has so far concentrated on prominent file-swapping software and services. Now it's going after the little guys.June 25, 2003
Microsoft considering music store
Company Chairman Bill Gates says the software giant is exploring ways to develop a music download service similar to Apple's iTunes.July 25, 2003
ISP sues record industry over subpoenas
On privacy grounds, telecommunications company SBC argues in a lawsuit against the RIAA that its tactics in pursuing individual song swappers may violate the U.S. Constitution.July 31, 2003
RIAA sues 261 file swappers
The Recording Industry Association of America files 261 copyright lawsuits against alleged file swappers, promising "thousands more" in months to come.Sept. 8, 2003
Napster launches, minus the revolution
The one-time file swapping king is reborn as a legitimate, for-pay music download service with the record labels' blessing.Oct. 9, 2003
Apple launches iTunes for Window
Stating that "hell froze over," Apple CEO Steve Jobs expands his digital music service into the much larger market for Windows-based PCs.Oct. 16, 2003
Microsoft music store to open next year
The software giant confirms plans that it will launch its own music-download store, putting it on the path to direct competition with Apple's iTunes and a growing list of rival digital song stores.Nov. 17, 2003
Ruling sounds sour note for record industry
A court decision in a high-profile file-swapping case means the Recording Industry Association of America will have to change its tactics.Dec. 22, 2003
Net music: Legal downloads amid individual crackdown
Like the several years before it, 2003 saw the history of digital media written largely in the courts. But the release of groundbreaking new services also poured energy into the business that had been unseen since the height of the dot-com days.
Early in the year, a federal judge ruled that Kazaa parent Sharman Networks could be sued for copyright infringement in the United States, opening up a legal battle over the most popular file-trading software application on the Net. A few weeks later, a different judge ruled that Verizon Communications had to give the recording industry the identity of a file-swapping Internet subscriber, paving the way for future lawsuits against individuals.
The Recording Industry Association of America (RIAA) began going down this road in April, when it sued a quartet of college students operating file-trading tools on their campus networks. But record labels and their movie studio allies suffered a stunning legal defeat later that month, when a federal judge in Los Angeles ruled that decentralized peer-to-peer software tools such as Grokster and Gnutella were legal, giving a green light to file-swapping companies for the first time since Napster went to court.
Just a few days later, the digital music landscape shifted dramatically again, with Apple Computer's release of its iTunes digital song store for Macintosh computers. While others had sold digital music by the song before, Apple's simple service, and the flexible usage rules the company had won from previously skittish record labels, put it head and shoulders above any previous effort. The publicity alone, unprecedented for a commercial digital music undertaking, moved online music into a new era.
Despite its unexpected defeat--which it vowed to appeal--the RIAA continued its legal press against peer-to-peer networks. In late June, it announced that it would begin suing individual file-swappers for the first time, and soon began sending out subpoenas to Internet service providers seeking personal information on subscribers it planned to sue. ISPs and civil libertarians challenged the organization's pretrial subpoenas as unconstitutional.
By mid-September, the organization had the information it needed to start, and it launched a first set of 261 lawsuits against computer users. Some of the publicity went awry--one target was a 12-year-old honors student who lived in New York public housing, and another was a Boston grandmother who didn't even have a computer capable of using Kazaa and who had no interest in the hard-core rap she was accused of offering for download. These cases were settled quickly or dropped, but the RIAA pursued others.
Meanwhile, Apple's iTunes was posting unexpectedly high sales even among the tiny Macintosh audience, and countless other Net music and e-commerce companies were lining up to follow suit. Buy.com founder Scott Blum was the first, with a song store called
Finally Apple itself launched the Windows version of its store and iTunes software in November, along with blue-chip marketing partners in Pepsi and America Online. By this time, the company was conceding that it made little or no money from selling the music, but said it saw the store as a way to persuade people to buy its profitable iPod digital music players.
As the year closed, record companies saw a series of legal setbacks. Canadian copyright regulators said downloading--but not uploading--music from P2P networks is legal. More damaging, a U.S. federal appeals court said the RIAA's unconventional strategy of subpoenaing ISPs for the identity of alleged song-swappers before filing any cases was illegal. Cutting the sting somewhat was news from the U.S. Department of Justice, which said it is closing an old antitrust investigation of the record labels' online business practices without filing charges.
Looking toward next year, scores of lawsuits remain outstanding against individuals, and the rush to open online song stores has analysts predicting an imminent shakeout.
--John Borland
Judge: Kazaa can be sued in U.S.
A federal judge rules that record companies and movie studios can proceed with a suit against the Australia-based parent company of the most popular online file-swapping service.Jan. 10, 2003
RIAA wins battle to ID Kazaa user
A federal judge orders Verizon to disclose the identity of an alleged peer-to-peer pirate in a decision that could make it easier for the music industry to crack down on file swapping.Jan. 21, 2003
RIAA sues campus file-swappers
The recording industry files suit against four university students who operated file-search services on their school's internal networks.April 3, 2003
RealNetworks seeks Listen.com buyout
The deal, worth about $36 million in cash and stock, could alter some key alliances in the online music business.April 21, 2003
Judge: File-swapping tools are legal
A federal judge hands a stunning court victory to file-swapping services Streamcast and Grokster, dismissing much of the music and film industries' lawsuits against them.April 25, 2003
Apple unveils music store
The Mac maker's new digital music service offers downloads for 200,000 songs at 99 cents each, with unlimited CD burning and iPod transfers--among the most liberal licensing terms to date.April 28, 2003
Judge mulls DVD-copying case
The judge in the closely watched 321 Studios case says she's "substantially persuaded" by past court rulings favoring copyright holders.May 16, 2003
Labels aim big guns at small file swappers
The Recording Industry Association of America has so far concentrated on prominent file-swapping software and services. Now it's going after the little guys.June 25, 2003
Microsoft considering music store
Company Chairman Bill Gates says the software giant is exploring ways to develop a music download service similar to Apple's iTunes.July 25, 2003
ISP sues record industry over subpoenas
On privacy grounds, telecommunications company SBC argues in a lawsuit against the RIAA that its tactics in pursuing individual song swappers may violate the U.S. Constitution.July 31, 2003
RIAA sues 261 file swappers
The Recording Industry Association of America files 261 copyright lawsuits against alleged file swappers, promising "thousands more" in months to come.Sept. 8, 2003
Napster launches, minus the revolution
The one-time file swapping king is reborn as a legitimate, for-pay music download service with the record labels' blessing.Oct. 9, 2003
Apple launches iTunes for Window
Stating that "hell froze over," Apple CEO Steve Jobs expands his digital music service into the much larger market for Windows-based PCs.Oct. 16, 2003
Microsoft music store to open next year
The software giant confirms plans that it will launch its own music-download store, putting it on the path to direct competition with Apple's iTunes and a growing list of rival digital song stores.Nov. 17, 2003
Ruling sounds sour note for record industry
A court decision in a high-profile file-swapping case means the Recording Industry Association of America will have to change its tactics.Dec. 22, 2003