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

Paying Spammers Not to Spam

Founders of a new antispam service say they have developed a system to convince spammers to remove specific e-mail addresses from their mailing lists more »

EU delays vote on digital copyright plan

A vote on the European Union's proposed directive on the enforcement of intellectual property rights, which has been compared to a controversial U.S. law, has been pushed back to November more »

Microsoft updates Works

Microsoft on Tuesday launched a new version of Works Suite, its budget software package for consumers more »

The Newest Front in the Anti-Spam Wars

Rather than using a multitude of rules to determine what may or may not be spam, challenge-response software takes the approach of a club bouncer to keep undesirables out of users' inboxes more »

Nations to Develop Non-Windows Software

Japan, China, South Korea Agree to Develop Non-Windows Software, Official Says more »

Hotels.com Cuts Travelocity Loose

In his ongoing bid to colonize the Internet travel market, Barry Diller's Hotels.com has terminated a contract with Travelocity more »

The new law

Finns Rush to Register Internet Domains more »

search.lt news

search.lt presents newest links more »

Hackers Tap Navy Credit Card System

A Department of Defense (DOD) investigative team is researching the recent hack of a Navy system that gained access to 13,000 purchase cards issued by Citibank more »

As the Worm Turns: Lessons from Blaster

Microsoft deserves some blame for the rapidly spreading Web virus more »