Can't Stop The Music

Music industry executives may be toasting Tuesday's ruling as the day the illegal music died. However, Internet analysts say the ruling won't quench the thirst for music, and will not stop the gush of .mp3-formatted songs floating about the Internet.

The Napster-like Napigator program, for example, on Monday showed a flood of more than 96 million music files being traded by more than half a million people.

An analyst for Jupiter Research says the online music market will become quite lucrative, but only after the recording industry stops swimming against the current of technological change.

"The recording industry will need to sit down and learn to play nice with technology providers and the artists," says Stacey Herron, music analyst for Jupiter Research.

She says there will always be a demand for quick-and-easy access to free music on the Internet, but adds that many people would be willing to pay for convenience, quality and protection from viruses - service that a pay-service could provide.

But the music industry has not made the bulk of its repertoire available for sale online, instead continuing the legal battle unlicensed music swapping.

The Recording Industry Association of America (RIAA), for example, has asked 85 Internet Service Providers to shut down so-called "Open Nap" servers that drive the Napigator network.

Napigator works by setting up shadow servers - using protocols copied from Napster - that can be set up by computer enthusiasts from home. Servers have been surfacing in Italy, New Zealand and Russia, making it nearly impossible for the recording industry to sink them all.

And other, Napster-independent, file-swapping services like Gnutella, Bearshare and Freenet will be virtually impossible for the music industry to shut down. With these systems, there are no centralized servers – the directories are shared on each person's computer. That means the industry would have to start suing its customer base if it wanted to take legal action.

"You can't wave the magic wand of the courtroom and make the consumer desire for this kind of music go away," says Herron. "You can't turn back the clock."

The lesson for the industry: Get up to speed and sell online, or continue a ceaseless legal struggle.

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