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 »
Microsoft Corp. posted a "critical" security patch for Windows XP today
more »
Steganography, the science of burying secret messages within something innocuous, has endured bad publicity recently, with unsubstantiated rumors of missives from Osama bin Laden hidden in images on websites.
more »
Just in time to send digital seasons' greetings, several top sites switch to subscription service for increasingly popular cards.
more »
State Department visa system screens coaches, athletes for terrorist connections
more »
search.lt presents newest links
more »
Microsoft Corp. is still examining the Liberty Alliance Project, an Internet user authentication system, and has yet to reach a decision on whether to join the growing number of companies supporting the system, the company's president said Thursday.
more »
Spokesman says program being developed but not yet in use
more »
E-commerce spending last month rose just 10 percent over November 2000
more »
Microsoft's Zone gaming site appeared to be recovering Wednesday, a day after numerous consumers were shut out by glitches related to the site's switchover to the software giant's Passport identity-authentication service.
more »
America Online, Inc., is releasing it own beta version of MusicNet
more »