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 »
Email churn surges into the tens of billions
more »
Experts say the Nimda virus spreads through e-mail, vulnerable servers, and the Internet via open network sharing features and altered Web pages.
more »
Hackers have begun attacking Web sites connected to Afghanistan's Taliban rulers and to other Islamic nations
more »
Corporate altruism is replacing shock as some tech companies offer free services and bandwidth to businesses affected by last week's attacks.
more »
In an apparent response to terrorist attacks on America, a notorious hacker known as "Fluffi Bunni" defaced potentially tens of thousands of high-profile Web sites, replacing their home pages with a rant about religion, capitalism, and violence.
more »
U.S. consumers are more likely to revisit Web sites that are fast loading, customizable and more informative than those that offer rich media or content delivery to wireless handsets, according to research by Jupiter Media Metrix.
more »
Entertainment industry lobbyists say programmers and open-source activists should not be alarmed by a controversial proposal to embed copy-protection controls in nearly all PCs and consumer electronic devices.
more »
Homegrown instant messaging start-up Odigo, Inc. has scored a lucrative deal to develop and power "MTV Messenger", a new IM communications tool for MTV-owned Web sites in Europe.
more »
search.lt presents newest links
more »
A South Korean Internet portal has filed a complaint with fair trade regulators, alleging Microsoft is shutting out competition by tying a range of application software into its new Windows operating system.
more »