It seems to me that any 'product' of an artistic nature must be treated differently, in terms of copyright, than other products. You don't create art to get rich - you do it to become famous. That's oversimplifying.. You do it because what you've produced is meaningful to you, but is more meaningful once you are able to share it with others, in the hope that it will challenge and inspire them. If no one sees your work, it's still valuable, but it has (in most cases) not fulfilled its intended purpose.

The argument that distributing art without the full knowledge and consent of the artist is somehow detrimental flies in the face of logic. Consider libraries and museums. People who want to enjoy art pay a nominal fee, sharing the cost of maintaining a building and its collections. In return, they get unfettered access to all the art the building contains. If it were really so dangerous for a thousand people to share the same copy of the same book, artists would find a way not to allow their books to be purchased by libraries, or levy a fee to borrowers per check-out. Art is information, ideas. You cannot simply lock it down. Not only because it is infeasible (people will lend books, make dubs, etc.) but because it hurts the ability of art to do its job.

Metallica are making themselves look foolish. They are stating, in effect, that they are not so much interested in people hearing their music as they are in people paying them for the privilege - that they are not serious artists. I think there are certainly other artists with the same mindset, but, honestly, I don't think the things they produce deserve any respect. There's a difference between not being able to eat as a result of giving something away and facing the possibility of making a few thousand less off of something you produce.

Even if the philosophy of Napster was applied to every artistic field, those with talent would still be able to do their work, under a system of patronage. Does an art collector buy an original painting to make money off of it? No. He or she buys it for their own enjoyment, or as a symbol of status. If record companies are worried about people 'stealing' music, they need to find a way to distribute it for a short period without putting it in peoples' hands, say exclusively via the radio or cable. If they produce CDs in order to make more money, it may be illegal to copy the music contained therein, but it is not immoral. The artist has already lost control of who hears their songs. An owner of such intellectual property who is not the artist has rights only up to the point at which they do not own the art for enjoyment, but for profit.

what napster does is not immoral. it is inevitable.