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 »
Tipped off by American officials, Italian police shut down two rings of hackers who attacked Web sites belonging to the U.S. Army and NASA
more »
Yokohama Mayor Hiroshi Nakada decided Friday to allow residents of the city to choose whether their personal data can be registered in a national resident registry network to be launched Monday by the central government
more »
An Israeli startup takes on Moore's law--and Texas Instruments
more »
Wal-Mart, the most mass-market retailer imaginable, is committing an outrageous form of computing heresy: On its Web site, it's selling Windows-compatible personal computers without Windows
more »
Businesses in the US and UK agree that spam is a problem, but according to MessageLabs many users cannot reach a consensus on its definition
more »
search.lt presents newest links
more »
FORMER FSB OFFICER TESTIFIES ABOUT 1999 APARTMENT-BUILDING BOMBINGS...
more »
Microsoft on Wednesday acknowledged that its .Net plan has been slow to catch on and laid out an agenda to move the software strategy ahead
more »
Police Show Up Only to Find Infected WebTVs.
more »
Filters fail to block 'pro-terrorist' messages
more »