# Can I really go to jail for using Napster?? **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [May 17, 2000, 8:52pm UTC](https://boards.straightdope.com/t/can-i-really-go-to-jail-for-using-napster/19794 "2000-05-17T20:52:00Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Kiki](https://avatars.discourse-cdn.com/v4/letter/k/dc4da7/32.png) [@Kiki](https://boards.straightdope.com/u/Kiki)\ **Post date:** [May 17, 2000, 8:52pm UTC](https://boards.straightdope.com/t/can-i-really-go-to-jail-for-using-napster/19794/1 "2000-05-17T20:52:00Z")
With all the controversy going on around Napster and Metallica (by the way, the Napster Bad thread is really funny!) I was just wondering if they can really track down everyone who is using Napster and throw them in jail. Can this happen? If it can happen, should it? ---
**Author:** ![X-files](https://avatars.discourse-cdn.com/v4/letter/x/76d3ee/32.png) [@X-files](https://boards.straightdope.com/u/X-files)\ **Post date:** [May 17, 2000, 8:56pm UTC](https://boards.straightdope.com/t/can-i-really-go-to-jail-for-using-napster/19794/2 "2000-05-17T20:56:17Z")
No, it’s always been civil. Metallica says they may sue, but why risk dividing their fans? ---
**Author:** ![X-files](https://avatars.discourse-cdn.com/v4/letter/x/76d3ee/32.png) [@X-files](https://boards.straightdope.com/u/X-files)\ **Post date:** [May 17, 2000, 8:57pm UTC](https://boards.straightdope.com/t/can-i-really-go-to-jail-for-using-napster/19794/3 "2000-05-17T20:57:45Z")
That is to say, it’s a civil court matter, not criminal. No jail possible, unless there is also fraud. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [May 17, 2000, 11:19pm UTC](https://boards.straightdope.com/t/can-i-really-go-to-jail-for-using-napster/19794/4 "2000-05-17T23:19:14Z")
Copyright infringement is a civil crime, so the worst that could happen is that you’d have to pay a fine. You’d have to be sued by the copyright holder, and you could also be required to pay his legal costs. It’s not likely that anyone would go after each individual infringer. That doesn’t mean that the copying is legal, of course. The point of all these lawsuits is to stop Napster from making money distributing the works of others without paying them. If Napster worked out a way to pay artists for their work, all the lawsuits would go away. Napster isn’t interested in paying, though. ---
**Author:** ![ruadh](https://avatars.discourse-cdn.com/v4/letter/r/d2c977/32.png) [@ruadh](https://boards.straightdope.com/u/ruadh)\ **Post date:** [May 18, 2000, 6:42am UTC](https://boards.straightdope.com/t/can-i-really-go-to-jail-for-using-napster/19794/5 "2000-05-18T06:42:19Z")
Actually, under 17 USC 506(a), copyright infringement **can** carry criminal penalties, including imprisonment and fines. ---
**Author:** ![GaWd](https://avatars.discourse-cdn.com/v4/letter/g/f08c70/32.png) [@GaWd](https://boards.straightdope.com/u/GaWd)\ **Post date:** [May 18, 2000, 12:13pm UTC](https://boards.straightdope.com/t/can-i-really-go-to-jail-for-using-napster/19794/6 "2000-05-18T12:13:41Z")
No Rachelle, but you **Can** got to jail for believing something so stupid… The artists of questionable intelligence, integrity, and moral fiber that have launched the most recent legal action against their fans and Napster users have not mentioned jailtime, as of yet. They’ve not even mentioned having the fans compensate them for the downloading of their music–they just want it stopped. If you’re worried about getting caught, download another copy, and re-register using fake info. -Sam ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [May 18, 2000, 12:49pm UTC](https://boards.straightdope.com/t/can-i-really-go-to-jail-for-using-napster/19794/7 "2000-05-18T12:49:11Z")
> [@](#): > > The artists of questionable intelligence, integrity, and moral fiber As opposed to the high integrity of wanting to be free to steal from an artist. ---
**Author:** ![GaWd](https://avatars.discourse-cdn.com/v4/letter/g/f08c70/32.png) [@GaWd](https://boards.straightdope.com/u/GaWd)\ **Post date:** [May 18, 2000, 2:33pm UTC](https://boards.straightdope.com/t/can-i-really-go-to-jail-for-using-napster/19794/8 "2000-05-18T14:33:16Z")
Yo chuck…if you wish to discuss the merits of whether it is right or wrong…take it to the GD thread, or the Pit thread. -Sam