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

DoCoMo On Track For 3G Launch Oct. 1

Japan's biggest wireless operator, NTT DoCoMo, Monday said it has formally asked the Japanese government for permission to begin the world's first commercial third-generation (3G) service on Oct. 1. more »

SirCam worm still a serious threat

Chalk one up for the bad guys. more »

An Escalation of the E-Book Battle

The battle over e-book sales heated up as Internet portal Yahoo! Inc. signed an e-book sales deal with four major publishing houses. more »

search.lt news

search.lt presents newest links more »

The debate

Public Interest Groups Clash With ICANN Over Governance more »

IBM Reaches Out to Small Businesses With $700 Server Offering

IBM threw its hat in the sub-$1,000 server ring with its release of the eServer x200VL, an entry-level server priced at $699. more »

XP Given Green Light in Europe

Despite increased pressure from the European Commission over antitrust concerns, Microsoft confirmed that the Commission will not seek to block the launch of Windows XP. more »

Hong Kong Police Arrest Porn Site Webmaster

Hong Kong police have arrested a 29-year-old Webmaster suspected of operating a pornographic Web site more »

European Commission changes tack on e-commerce law

Officials at the European Commission have made a spectacular turnabout on a proposed law governing cross-border Internet commerce in Europe more »

Data for Dollars...or Marks Resurfaces in Germany

Wireless customers in Germany will soon have the option of paying for wireless data as a premium service. more »