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 »
A number of MEPs urged Internal Market Commissioner Michel Barnier to come up with common rules to regulate cross border online gambling in Europe.
more »
Think before you post as once you do it is online forever. That was the message on Safer Internet Day marked on 9 February by a seminar in the European Parliament.
more »
50% of European teenagers give out personal information on the web – according to an EU study – which can remain online forever and can be seen by anybody.
more »
When did the Commission start working on social networking sites?
more »
ICSA Labs, an independent division of Verizon Business, is the first independent security-product testing and certification laboratory to earn ISO/IEC 17025 accreditation, validating the laboratory's world-class capabilities.
more »
From today, European citizens, businesses and organisations can register .eu website names using characters from all 23 official languages of the European Union.
more »
Authorities investigated 301 mobile phone services websites in follow-up to EU crackdown on misleading consumer practices.
more »
After nearly 2 years of legislative work the Telecom Package is due to be put to a final vote in Parliament on 24 November in Strasbourg.
more »
The Christian Science Monitor reports that three men have been named as being the masterminds behind the hacking of RBS WorldPay, a subsidiary of the Royal Bank of Scotland.
more »
BAI’s Banking Strategies Insights reports that banks must get serious about improving their ATMs, especially in the area of envelope-free deposit.
more »