A court ruling Monday allows Napster users to continue swapping music for now but opens the door to millions of dollars in damages that could cripple the service.
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.
The most popular articles
Software company announced new structure_ of it_s business.
more »
For the California contingent attending the three-day Information Age Crime Summit at the Wyndham Hotel in San Jose this week, the news could not have been better
more »
The much-anticipated next version of the core of the Linux operating system is ready at last.
more »
Sweden's police force this weekend criticised Microsoft for taking way too long to shut down a kiddie porn site hosted by MSN.
more »
search.lt presents newest links
more »
Microsoft Corp's Bill Gates previewed the company's first video game console called Xbox, which marks one of the company's largest product investments, during his keynote speech to open the Consumer Electronics Show here.
more »
Central Command says it has uncovered the first script virus that can execute in a hypertext server environment.
more »
Jan 02 2001: Emails and ecards proved more popular than ecommerce during the Christmas holiday season in the US
more »
Consumers want the Internet to be more like TV.
more »
Jan 03 2001: The number of Internet users in Indonesia will double to four million people in 2001.
more »
Four days after hackers broke into Egghead.com, potentially exposing all of the company's 3.7 million customer accounts, the company declined Tuesday to share with customers the results of its ongoing investigation.
more »