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

Expensive broadband hampers penetration

The Poland Ministry of Infrastructure's target to increase by 350 percent the number of broadband Internet users by 2006 more »

search.lt news

search.lt presents newest links more »

Nokia secures mobile network deal in Iraq

Nokia has secured a deal for the setting up of a GSM mobile telephone network in the south of Iraq more »

Pornographer to sell Whitehouse Web site

Owner worried about negative impact on young son more »

search.lt news

search.lt presents newest links more »

Pentium PC Vendors Face Chip Patent Suit

While Linux lawsuits gobble up the IT community's mindshare, a lesser-known legal action is being fought seeking billions of dollars from five PC vendors more »

UK police seek web porn crackdown

UK police are contacting other forces worldwide in an attempt to close down websites with sexually violent content more »

Bush Earmarks $60B for IT

The Bush administration's proposed $60 billion IT spending plan for 2005 looks to deliver a "service-centered" government more »

Secure Cash Out Procedure

New security solution prevents unauthorized withdrawals more »

A jointly developed standard interfaces

GfK consumer panel data to be available to CMplus users via standard interface more »