Even though that was in an age where downloading was considered normal, it doesnt mean it was legal. The only reason why it was generaly not punished was because downloading a song took enough time that your phone bill generaly compensated for its cost. Napster was however trying to benefit more than p2p/direct download programs would.
The netherlands took a lot longer on that, because in the netherlands we also had a ‘homecopy fee’ on all devices. And that was used as argument of allowing a copy (which you downloaded). But in the end even that was considered diffirent, but with a few sidenotes to protect the downloaders:
- As controlling company, you arent allowed to bait, if you upload the content, you are providing the content legaly to them.
- You arent allowed to crack/invade the connection of the downloader. So even doing that would be considered illegal. Only pure HTTP (port 80) downloads can generaly be punished.
- Those companies are not allowed to put fake content, since that would fall under spamming and other fraudulent actions.
- Even if a company was found to have performed illegal uploads, the downloaded might not be aware of this, and this information therefor cannot be used in other lawsuits.
The only reason its illegal here is to be able to capture the uploaders faster and have better legal grounds for that.
But in the end, its still piracy, and illegal, even if by law you are protected, as long as you are using a protected connection (because breaking that is illegal, and logging of the uploader cannoy be used).
It even got that far that after several years, the ban on a popular download side (which ISPs had to enforce) was lifted due to it having invalid grounds (it was too heavy for its purpose).
And now since there is spotify and a lot of streaming services, they also are competing with those downloads. As in the end, downloading was just an indication of a lack of convenience (either a too high price, or a lack of service being given, or anything that customers consider not convenient enough). There is a reason why game downloads were massively reduced after steam started.
And some still use that price argument, some believe it should all be free anyway…
What metalica did, was surely anoying at that time, but in the end still needed.