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 »
An £8 million (U.S. $14.5 million) campaign by Switch/Maestro that features a pair of adventurous penguins on holiday in Venice and Paris has helped to drive a massive upsurge in the number of consumers using their Switch-branded bank cards overseas
more »
Microsoft officials launched a last-minute reminder to Windows users Monday afternoon to prevent the spread of the MyDoom
more »
search.lt presents newest links
more »
Communicating Visions - Exhibition and Symposium
more »
Diebold, Incorporated has earned the Central Station Alarm Association's (CSAA) "Five Diamond 100 percent Operator Certified Central Station" designation
more »
Sun Microsystems Inc. says its Jxta technology for peer-to-peer computing is gathering steam and may soon make its way into some of its own products
more »
search.lt presents newest links
more »
Ten years ago when the first ATMs appeared in Lithuania maybe someone was intimidated with the bank’s payment card. Today a small piece of plastic gives a consumer the unlimited possibilities. What are they?
more »
search.lt presents newest links
more »
Police find 3,000 forged copies of XP Pro along with forged certificates of authentication
more »