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 »
All Bulgarians possessing debit or credit cards will have to replace them with new "plastic purses" in 2005
more »
search.lt presents newest links
more »
search.lt presents newest links
more »
Security events recorded between July and September this year are up 150 per cent on those recorded by security company VeriSign in the same period last year
more »
search.lt presents newest links
more »
Banks partner with popular brands to promote credit cards
more »
SWsoft, a company that lets a Linux server be subdivided into independent partitions, is ready to begin testing a Windows version of its product
more »
Some Estonians will be able to vote online next year, as Tallinn plans trials with electronic voting software that is the first step toward a nationwide e-voting system
more »
search.lt presents newest links
more »
A Web site used by a Chechen warlord to claim responsibility for last month's school siege in Russia has come back online based out of Finland
more »