Napster can play on, but threat looms

Published: 22 February 2001 y., Thursday
A three- member panel of judges from the 9th U.S. Circuit Court of Appeals in San Francisco stopped short of immediately halting the music swapping, as a lower court had done in July. Calling the earlier decision by U.S. District Judge Marilyn Hall Patel "overbroad," they sent it back to the district court with instructions for creating a narrower injunction that would still require Napster to block the trading of copyrighted music. But the judges also warned that Napster could be liable for huge damages, which could lead to sweeping changes in the way it operates its service. "We affirm the district court's conclusion that plaintiffs have demonstrated a likelihood of success on the merits of the contributory copyright claim," the judges wrote. Some form of injunction is "not only warranted but required," the judges continued. That means Napster must halt the trading of specific files it is told to block by record companies. But that could be millions of songs, and it sets the stage for new, sweeping restrictions on what can be traded through the service. The ultimate fate of the controversial technology may hinge on whether it is possible--or impossible--to effectively police on thelabyrinthine networks created by file-swapping software. Monday's appellate court ruling ordered Napster to police its networks "within the limits of the system." As it has in the past, Napster will likely argue in its next appeal that it is technologically impossible to conduct this policing at the massive level demanded by the recording studios.
Šaltinis: two.digital.cnet.com
Copying, publishing, announcing any information from the News.lt portal without written permission of News.lt editorial office is prohibited.

Facebook Comments

New comment


Captcha

Associated articles

Anna virus author comes forward

A Dutch virus writer known as OnTheFly admitted Tuesday to more »

Cupid Shoots His Arrow at the Web

A slew of targeted-ad campaigns and special promotions online could make this Valentine's Day worth more than $2 billion. more »

CIA-backed venture eyes anonymity software

SOFTWARE that promises users anonymity on the Web has caught the eye of the U.S. Central Intelligence Agency's nonprofit venture capital company, In-Q-Tel, which said the technology can help the spy agency fulfill its mission. more »

New Wave of Layoffs and Closures Hits Israeli Internet Companies

In a rapid-fire burst of painful moves, Israeli Interent and finance companies announced a series of high-profile layoffs and shutdowns in the last few days that in some cases is causing executive heads to roll. more »

From Russia with love? Kournikova virus smashes Net

A virus posing as a photo of Russian tennis player Anna Kournikova spread aggressively on Monday, as major security companies rushed to update their antivirus software to detect the fast-spreading e-mail virus. more »

search.lt news

search.lt presents newest links more »

Polish online retailers remain bullish

Over half of Polish B2C retailers are optimistic about the future of ecommerce in Poland while only 18 percent are not optimistic. more »

Patron Saint of the Internet

Coming Soon to a Computer Near You more »

Italian ‘Love Bug’ hits Euro firms

Just in time for Valentine’s, notorious virus is back more »

Court to Get Control of Sex.net

Things were looking bad enough for Stephen Michael Cohen back in November, when he lost ownership of the domain name sex.com. more »