What is the difference, in principal, between Napster and VCR's or audio casette recorders? Unless the judges ignore precedent, it seems like a no-brainer.

There is a huge difference between Napster and vcr's/casette recorders/etc. Napster is not strictly a program which allows users to record their music into an mp3 format. Napster is, by design, a method by which different users may distribute these copies unchecked.

Let's imagine that there was no difference between Napster and VCR's. This would mean that everyone with a VCR would make an instant recording of their movies, and then share those movies with anyone anywhere at anytime. This is obviously very unlike VCR's as we know them.

MP3's are going to be around forever ... at least until mp4's or something better comes along.

The act of distribution of an artist's work without their expressed permission is illegal. Making a copy of a purchased work for your use is perfectly legal. It doesn't matter if you made a copy of a CD, cassette, or even if you made an mp3 file. However, you may not legally distribute that work. It is the artist's responsibility to protect their copyrights.

There you go.

Cheers and keep up the good discussion!
-Axecell