FILE SHARING
Is it possible to out-Napster Napster and manage to stay in business? Johnny Deep, a computer consultant in Troy, New York, thinks he has a chance.
Deep is the driving force behind Aimster (www.aimster.com), a free downloadable file-sharing application. Aimster piggybacks the popular instant-messaging services from America Online, Microsoft, and Yahoo! The software allows IM users to trade files with people on their buddy lists or to search the entire Aimster network with a "guest" option. Aimster gives users more control than Napster over who can access their shared files, and it lets them swap any computer file.
Launched in May by Deep and a small team of programmers, the service has racked up 2 million AOL users. AOL and other messaging services can't block access to Aimster because it doesn't run through ISP servers. Instead, every Aimster member's computer acts as a server. Add in a cool-skinned interface, and you've got a leading contender for the much sought-after title of the Next Napster.
But will the major labels sue Aimster the way they have Napster? Deep contends that because Aimster users share files with a select group of friends and family, their exchanges should be considered fair use. But he admits that in the current climate, no file-sharing service is immune to litigation.
"A lot of people say we'll be sued not because we are doing anything wrong, but because we are successful," Deep says.
Right now, the labels aren't sure whether to snuff out Aimster or embrace it. In October, Capitol Records quietly cut a one-shot deal with Aimster to promote Radiohead's new CD, Kid A. Aimster posted a link to the Radiohead homepage, from which users could download music and video clips related to the album. The deal was never publicized because Capitol's parent company, EMI, was already involved in high-profile litigation with file-trading services Napster and Scour. The promotion certainly didn't hurt Capitol: Radiohead's CD topped the charts. No one, including Capitol, has duplicated the Radiohead promotion, but Deep believes the major labels won't stay away forever.
"If Aimster's success is any indicator, then they had better damn well come back," Deep says. "Sometimes you take a risk and the risk is rewarded."
Whether the lawyers eventually descend upon Aimster depends largely on how the courts interpret copyright law with regard to file sharing. In the meantime, Deep says, Aimster plans to add encrypted file-sharing options, a move that could thwart any lawyers who want to track potential infringers.
MUST READ
The 38th Parallel Port
Flipping the Optical Switch
The Hit Charade
Ask Dr. Bob
Adventures in Mind Control
The New Pod People
People
Jargon Watch
The CPU Cure
Eyes of Truth
IM Not a Crook
Pulling Down Serious Gs
Raw Data
