Opinions of Pamela Samuelson, Professor at the Boalt School of Law

In Feburary, I sent a letter to Pamela Samuelson which included questions about why she was involved in an amicus supporting Napster in their copyright infringment suit. About two weeks later, she responded with answers to the questions. Here is what she had to say:

1.Why do you support Napster?

I don't support Napster, but I did support reversal of the trial judges injunction because I thought it was overbroad & because the judge's analysis was wrong.

2. When tapes came out, artists and music labels were scared that people would copy their friends' tapes and not purchase any music, much like artists and record labels are scared that online music will allow people to download music without paying. Is the advent of online music that much different than when tapes came out?

It's a lot cheaper & easier to copy digital music than to make tapes, but the big difference is internet distribution

3. There are thousands of struggling musicians who would benefit from more exposure. How could online music actually help artists get their music heard?

A lot of artists do want some of their music to be availible so please will know about them, but they'd also like for this to be their choice, not the choice of users with hard drives of ripped music via Napster.

4. Why do you think record labels are taking online music as a threat to their business instead of another market to make money in?

They are afraid of being disintermediated. Right now, they control the distribution channel, as well as the production process. They also make most of the profits. New technologies might change their power.

5. In two years, do you see online music being the mainstream way to obtain music or struggling to grow and overcome lawsuits as it is now?

It probably will be by then. Hard to see now when so much is up in the air.