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

New service

Austrians can use mobiles to monitor Czech, Slovak radiation more »

Antivirus companies consider 'Coronex' a low threat

New e-mail worm exploits SARS anxiety more »

First Ever Linux Summit In Finland A Success

The Linux Summit 2003, arranged by SOT in co-operation with HP, Oracle and F-Secure was a declared a success for both organizers and attendees more »

ITAA Calls for Cybersecurity Czar

The Information Technology Association of America is calling for the appointment of a "cyber czar" in the wake of the resignations of key White House cybersecurity advisors more »

search.lt news

search.lt presents newest links more »

Estonia Blazes Internet Trail Back

Banking is actually booming in Estonia - via Internet more »

Poland snubs EU by buying US fighter jets

The $6.2b deal with Lockheed sparks outcry from not just European governments but also American unions more »

search.lt news

search.lt presents newest links more »

IBM Plans Sneak Attack On Microsoft Office

There will soon be another entrant in the lopsided Office wars more »

What Windows Server 2003 Will Mean for IT

There will be performance improvements and cool features in Microsoft's new server, but if an enterprise is a volume licensing customer or an NT 4.0 shop, the choice to upgrade may be no choice at all more »