Metallica [ tickets ] drummer Lars Ulrich [ tickets ] on Tuesday (7/11) testified before the Senate Judiciary Committee in Washington D.C. on the controversy surrounding digital music and the Internet. The committee also heard statements from Napster CEO Hank Barry, MP3.com CEO Michael Robertson and other members of the Internet and music industries.

The Senate Judiciary Committee, led by Sen. Orrin Hatch of Utah, held the hearing to “learn more about what is taking place in the marketplace and, in doing so, better equip [the Senate] to advance the interests of consumers and creators,” said Hatch in his opening remarks.

“This technology presents a unique opportunity to those who make a living by producing copyrighted works,” said Hatch. “But it also presents a unique threat if misused to rob them of their livelihood, which could rob all of us of their continued work by destroying the incentives to create and publish their works.”

As expected, Ulrich’s remarks focused on Napster and his opinion that the controversial MP3 file-trading company is, in fact, being used to rob musicians of their livelihood.

“Napster hijacked our music without asking,” said Ulrich. “They never sought our permission. Our catalog of music simply became available as free downloads on the Napster system. [J]ust like a carpenter who crafts a table gets to decide whether to keep it, sell it or give it away, shouldn't we have the same options? The choice has been taken away from us.”

Napster CEO Hank Barry countered, however, by arguing--as the company has in the past--that Napster merely allows users to trade files and that the company can not be held accountable for the actions of its users. He also compared the current controversy surrounding the digital music industry to the controversy that erupted after the introduction of the VCR in the early ‘80s.

Barry added that Napster--which now boasts roughly 20 million users--is actually boosting record sales, according to several studies that he quoted.

“The excitement that Napster creates for new and established artists is helping to drive increased sales,” said Barry, “reaping even greater profits for the recording and music publishing industry.”

While Metallica and Napster are at the forefront of the digital music controversy (the band filed a copyright infringement lawsuit against Napster earlier this year) other key players in the Internet and music industries also weighed in before the committee with their own opinions.

“[W]e face an immediate and critical time that I believe requires immediate governmental intervention,” said MP3.com’s Robertson. “Without this intervention, the potential for ‘lawful’ music on the Net may very well die, and we will be left with demand continuing to seek and find illicit supplies of music.” (Earlier this year, MP3.com began settling with various record labels a lawsuit filed against the company by the Recording Industry Association of America [RIAA].)

Singer-songwriter Roger McGuinn, formerly of the Byrds, heralded a deal he struck earlier this year with MP3.com.

“They offered an unheard of, non-exclusive recording contract with a royalty rate of 50% of the gross sales,” said McGuinn. "I was delighted by this youthful and uncommonly fair approach to the recording industry.”

Unlike McGuinn, however, Ulrich argued that his band--and countless others--were not being compensated for the digital dissemination of its music.

“Every time a Napster enthusiast downloads a song, it takes money from the pockets of all these members of the creative community,” said Ulrich. “The argument I hear a lot, that ‘music should be free,’ must then mean that musicians should work for free. Nobody else works for free. Why should musicians?”

Meanwhile, a group that shares Ulrich’s sentiments launched its own campaign on Tuesday (7/11). Artists Against Piracy (AAP) is a newly formed organization comprised of musicians--Alanis Morissette, Bon Jovi, Queen, Christina Aguilera, Faith Hill and others--who support the battles being waged against Napster by Metallica, Dr. Dre and the RIAA, all of whom have filed copyright-infringement lawsuits against Napster.

The AAP ran a full-page ad in a number of major newspapers on Tuesday, planned to coincide with Ulrich’s appearance before the Senate Judiciary Committee. “If a song means a lot to you,” reads the ad, “imagine what it means to us.”

While Tuesday’s hearing was merely a means for the Senate to be formally introduced to the digital music controversy, the next official legal hurdle for Napster is scheduled for later this month. A judge is expected on July 26 to decide whether or not to grant an injunction filed against Napster by the RIAA. If granted, the injunction would effectively shut down the company’s MP3 file-trading operation while the two parties await their impending court battle.