Is the evolving definition of fair use a costly setback for Napster but a game-changing opportunity for Spotify?

Pros for the evolving definition of ‘fair use’:
– Provides clarity and guidance for digital platforms like Spotify. – Allows for greater flexibility in using copyrighted content. – Encourages innovation and creativity in the digital landscape.

Cons for the evolving definition of ‘fair use’:
– May result in costly legal battles for platforms like Napster. – Creates ambiguity that can be exploited or misunderstood.
– Could potentially limit the rights of copyright holders.


The internet’s transformation, labeled as “enshittification” by journalist Cory Doctorow, started years before the rise of TikTok. Elder millennials reminisce about the Napster era, which was soon followed by a decline in its quality.