In brief
Napster was a program that in a year and a half turned free music from a pastime of geeks into a habit of millions of people. It was written by a college freshman, and what stopped it were the labels' lawsuits and the court rulings of 2000–2001. The company made no money: the program was free, there was no advertising, growth ran on other people's music without a license, and it tried to come to terms with the industry only after the lawsuit. Alongside it in this history stands MP3.com: the same music on the network, but a public company with revenue, which lost the labels' lawsuit over its My.MP3 service, closed its disputes with settlements and licenses, and was sold. The pair shows how growth without a business model differs from growth with one.
How it started (the founders)
Shawn Fanning studied at Northeastern University in Boston. The idea came from someone else's irritation: his roommate loved MP3s but struggled to find music through search engines such as Lycos. Fanning glued together three existing things: messaging from IRC, file sharing from Windows, and search. He learned Windows programming from a book he bought; before that he knew only Unix.
Online he spent his time on the hacker IRC channel w00w00 under the handle "Napster," a high school nickname for his unkempt hair. It was there that he met Jordan Ritter, who later ran the server side, and Sean Parker, who handled the business and the investors. On Parker's past, the source material has only retellings without a primary source estimate.
Fanning wrote the code for about three months in the office of his uncle, John Fanning, in a former restaurant in Hull, Massachusetts. He did not leave the university according to a plan: after a conversation with Professor Rasala he went away for the weekend to work and never came back. According to consistent retellings, in May 1999 the uncle incorporated Napster Inc. and received 70% of the company, while Shawn got 30% estimate. Ritter remembers it differently: by his account, Shawn told him about the incorporation toward the end of that summer. By October 2000, according to Time, Shawn's stake was 9% and was worth practically nothing while the company remained private.
The release date is not confirmed by a document: June 1, 1999 is the date most often given, but it is a commonplace of the retellings estimate. The Wayback Machine first caught napster.com on October 8, 1999, already with version 2.0. The first outside investor is named as Yosi Amram ($250,000), who supposedly insisted on the move to California and on hiring a professional CEO, Eileen Richardson estimate.
Year-by-year timeline
- 1998 (fall): Fanning hears from his roommate how hard it is to find MP3s and starts writing the client fact
- 1999 (May or late summer): the uncle incorporates Napster Inc., with stakes of 70/30; May per the retellings, late summer per Ritter estimate
- 1999 (summer): release of the client; the exact date is not confirmed estimate; the site already calls the product a "virtual community" with chats by genre fact
- 1999-12-06: the labels file suit; the date is per the RIAA's written testimony to the Senate, and the number of plaintiffs is not confirmed estimate
- 2000-02 → 2000-08: Media Metrix: from 1.1 million to 6.7 million unique home users a month fact
- 2000-04-13: Metallica files suit; later, Dr. Dre fact
- 2000-05: Hummer Winblad invests $13–15 million, and Hank Barry becomes acting CEO; The Register reported it on 2000-05-22, and the date of the deal is not confirmed estimate
- 2000-07-11: the Senate hearing, Ulrich against Napster; Barry cites almost 20 million users fact
- 2000-07-26: Judge Patel issues an injunction; on July 28 the Ninth Circuit stays it pending appeal fact
- 2000-10-09: a Senate field hearing in Provo, Utah; Fanning testifies in person fact
- 2000-10-31: the alliance with Bertelsmann: a loan for a paid subscription and a warrant for a stake; BMG promises to drop its suit once the service launches; the $50 million figure comes from later retellings estimate
- 2001-02-12: the Ninth Circuit affirms Napster's liability but finds the injunction overbroad fact
- 2001-02-20: Napster offers the labels $1 billion: $150 million a year to the five majors for five years and $50 million a year to independent labels; the source does not give the term for the independents estimate
- 2001-03-06: a new injunction: notice about a file and 72 hours to block it fact
- 2001-07-11: the court forbids turning file transfers back on until the filter reaches 100%; before that, on July 1, the company had halted transfers itself fact
- 2002-06-03: Chapter 11 in Delaware fact
- 2002-09-03: Judge Walsh blocks the sale to Bertelsmann because of a conflict of interest on the part of CEO Hilbers; SFGate values the deal at $94 million, while Deseret gives $8 million for the remains against $85 million already invested estimate
- 2002-11-27: the court approves the sale of the assets to Roxio for about $5.3 million estimate
Lesser-known but significant facts
- Napster sold itself as a community. On the 1999 site the feature list carries chat by music genre as a separate entry, and the company itself writes that it is building a "virtual community."
- There were two Senate hearings, and at the second one Fanning himself testified. The well-known one took place on July 11, 2000 in Washington, where Metallica drummer Lars Ulrich called the new paradigm of the internet gurus old-fashioned trafficking in stolen goods. Less often remembered is the field hearing of October 9 in Provo, where Fanning said that he was a big music fan himself and that Napster's benefit to artists mattered to him.
- Metallica went to court over the leak of a single track. By Ulrich's own account, an unfinished mix of "I Disappear" was played on the radio, and he was told that the trail led to Napster estimate.
- Universities were slowing Napster down before the court injunctions did. Yale blocked the service from April 2000; at Indiana University, according to a 2012 retrospective, Napster took up 61% of bandwidth before it was blocked. According to a Gartner study, 34% of the US universities surveyed had blocked the service by August 2000, with up to 75% of bandwidth at individual schools estimate.
Legend vs. the record
Legend 1. The labels killed Napster. The court restricted Napster but did not destroy it at once. In February 2001 the Ninth Circuit found the injunction overbroad and shifted the burden of identifying specific files onto the rights holders. Napster offered a $1 billion settlement and took its filtering as far as 99% accuracy, and in 2002 the sale to Bertelsmann fell through, blocked by the bankruptcy court over the CEO's conflict of interest. Fanning himself later said that the company never had a chance. Verdict: an oversimplification. The lawsuits and injunctions stopped the file sharing; what finished off the company was the absence of revenue and the failed sale.
Legend 2. Napster was the first file-sharing service. The source material has no document establishing that it came first. Time describes Napster as a combination of existing technologies: IRC, Windows file sharing, and search engines. Its growth came not from an invented protocol but from the packaging: one client, search, and a community. Verdict: not supported. Napster did not invent file sharing; it made it mass-market.
Legend 3. Napster and MP3.com were the same thing. Napster held an index, and the files went between users. MP3.com's model was different: the company copied discs onto its own servers (per the MP3.com dossier). Verdict: false. What they shared was the plaintiff labels and music in MP3, not the technical model.
The first growth lever
Napster's server held only an index of file names, while the MP3s themselves went directly between users, so the company paid nothing to store other people's music. The niche was student dorms with fast university connections. There was no advertising or promotion: asked what explained the growth, Fanning answered that people love music.
Of the growth figures, the most reliable come from an outside measurement firm: Media Metrix counted from 1.1 million home users in February 2000 to 6.7 million in August. The other numbers are not recounts of the same thing: almost 20 million (Barry, July 2000), 32 million registered (Fanning, October 2000), around 50 million (a student paper, February 2001). These are self-reported claims and retellings of different metrics, not a single series estimate. The peak simultaneous audience per Webnoize, 1.57 million in February 2001, is known only through a retelling estimate.
The claim of being the fastest-growing belongs to the company itself and to Media Metrix in a press release, which said that the service remained the fastest-growing home application in history. This is attribution, not an independently proven fact.
The lever ran out because of risk, not demand: universities began blocking the service, and then came the lawsuits and injunctions.
The paired story
The pair is MP3.com: two attempts at music on the network, and both ended in court.
- Common thread: both companies grew on the theme of free MP3 music and ran into the labels. The suit against Napster was filed on 1999-12-06, the one against MP3.com on 2000-01-21 (per the MP3.com dossier); a month and a half apart.
- Contrast in the model: Napster had no revenue and a model of exchange between users; MP3.com was a public company with $80.1 million in revenue for 2000, but with its own copying in the My.MP3 service (per the MP3.com dossier).
- Contrast in the courts: MP3.com received an infringement ruling in April 2000 and a $53.4 million judgment in favor of UMG in November; Napster received an injunction in July 2000 and an appellate ruling on 2001-02-12.
- Contrast in the outcome: MP3.com signed licenses with the majors and was bought by Vivendi Universal for $372 million (per the MP3.com dossier); Napster offered the labels $1 billion and went into Chapter 11, the deal with Bertelsmann was blocked, and the remains were sold to Roxio for $5.3 million estimate.
- The labels' position: Bertelsmann announced its alliance with Napster in October 2000, but the RIAA stated that the case was not over; the source material has no confirmation that other majors made similar deals with Napster.
- The takeaway for the episode: the labels sued both; the one that came to terms and was sold was the one with revenue and licenses, not the one with more users.
Parallels today (projects from the catalog)
- Reddit keyword/intent-monitoring SaaS, anchor case GummySearch (
reddit-intent-monitor-saas): a niche of services that live on someone else's content without a separate license; the largest of them shut down over a conflict with Reddit's API policy. The mechanics are the same as Napster's: the demand is there, but the rights belong to the platform. The difference of the era: back then the labels demanded a license through the courts, while today the platform owner demands it through the API terms. view this project's dossier → - SocialKit (
socialkit): an API that pulls transcripts and data from videos on other people's platforms. Its growth is built on content that the service's authors do not own. The difference: Napster's content was the labels' music, while here it is public social media data, and the risk is platform blocking rather than lawsuits from rights holders. view this project's dossier → - Instagram automation Chrome extension (
chrome-ext-instagram-automation-flippa-11670694): a business on someone else's platform, one that has already sued services like it over its ToS. This matches Napster's platform risk; the difference is in scale: a micro-SaaS at $524 a month against tens of millions of users. view this project's dossier →
What a builder can take from this in 2026
- Growth on someone else's content without a license buys a reprieve, not a company. Napster had millions of users and zero revenue; MP3.com had revenue and licenses.
- Come to terms with the rights holder before the lawsuit. The Bertelsmann alliance and the $1 billion offer came almost 11 and 14.5 months after the suit.
- The capital structure matters no less than the code. In 1999, per the retellings, the uncle held 70%; by October 2000 the author of the code had 9% left, and the company was run by hired CEOs from venture funds estimate.
- Know exactly what you are measuring. Napster lived on self-reported claims and figures from different measurement firms; the first series from an outside measurement firm turned out to be the only comparable one.
- Platform risk kills faster than the market. Universities were blocking the service even before the first injunction.
Discrepancies and what we could not verify
- The date of the RIAA suit. Institutional retrospectives give December 7, the RIAA's written testimony to the Senate gives December 6; December 6 is used.
- The amount and date of the Hummer Winblad investment. $13 million vs. $15 million in two publications of the era; 2000-05-22 is the date The Register published, and the interview was given three days before that; the fund's stake is not named estimate.
- The release date. There is no document of the era; June 1, 1999 is a retelling estimate.
- The ground for blocking the Bertelsmann deal. Hilbers's conflict of interest (two sources of the era); treating the loan as an equity stake is the creditors' argument, not the court's.
- The Bertelsmann amount. $50 million comes from later retellings, more than $85 million over two years from the materials of the lawsuit against Bertelsmann estimate.
- The Roxio sale price. About $5.3 million in cash and stock according to the press; the number of warrants (100,000) is not confirmed, and one publication writes of warrants worth $300,000 estimate.
- The amount of the 2002 Bertelsmann deal. $94 million (SFGate) vs. $8 million for the remains against $85 million already invested (Deseret); what makes up the $94 million is not disclosed estimate.
- The term for independent labels in the $1 billion offer. UPI does not give the term, while the Daily Pennsylvanian writes of five years estimate.
- The number of plaintiffs in the 1999-12-06 suit. The RIAA testimony says "record companies," with no count estimate.
- Parker's past and the exact 70/30 split. Retellings only estimate.
- The date Napster Inc. was incorporated. May 1999 per the retellings vs. the end of that summer in Ritter's recollection estimate.
Sources (primary first)
- A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001)
- A & M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000)
- S. Hrg. 106–1060, Senate hearing, 2000-07-11
- S. Hrg. 106–1070, field hearing in Provo, 2000-10-09
- napster.com, Wayback, 1999-10-12
- Message from Barry on napster.com, 2000-07-27
- Message from Barry and Fanning on napster.com, 2000-07-28
- napster.com, Wayback, 2001-07-13
- Statement by Barry, 2001-07-11
- Interview with Shawn Fanning, Northeastern News, October 2000
- TIME, "Meet the Napster," 2000-10-02
- Salon, interview with Eileen Richardson, 2000-05-08
- Deseret News / Media Metrix, 2000-10-10
- TechLawJournal, Ulrich's testimony, 2000-07-12
- Y Magazine (BYU), "Senate Hears Napster at BYU"
- CNN/IDG, 2000-09-12
- NPR, "Napster Judge," 2001-03-06
- The Daily Pennsylvanian, March 2001
- The Daily Pennsylvanian, the $1 billion offer, February 2001
- UPI, 2001-02-20
- SFGate, 2002-09-04
- Deseret News, 2002-09-04
- PBS NewsHour, "Online Music," 2002-06-03
- Fortune, an oral history of Napster, 2013
Secondary:
- The Register, 2000-05-22
- Pollstar, 2000-10-31 — the page did not open; data from search results
- FundingUniverse, History of Napster
- EdTech Magazine, 2012
- Wikipedia: only a pointer to primary sources.