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

Privacy Groups Not Satisfied with MS Passport Fixes

"Unfair and deceptive trade practice" more »

A Tiny Dose of Java Adds Smarts to Phones

Despite the wireless hype, serious questions remain about the capabilities of advertising on this nascent medium. more »

MTV.com Relaunched with Community-Building Features

New York-based MTVi Monday fulfilled its promise to overhaul its flagship MTV.com Web site this summer more »

Microsoft Makes Peace with Kodak

Eastman Kodak Co. Monday hailed Microsoft Corp.'s recent decision to modify its upcoming Windows XP operating system to give third-party digital photography software vendors more »

Hunt for Code Red authors turns into witch hunt

Reports that the author of the infamous Code Red worm belong to virus writing group 29A have been comprehensively refuted by hacking groups and security experts alike. more »

Virus Detectives Face Daunting Challenge

Federal officials say they can track down the authors of outbreak viruses like Code Red and SirCam with the help of security experts and technology, but some contend that finding those behind the malicious code depends mostly on whether they talk or not. more »

Asia-Pacific To Top U.S. Internet Market By 2003 - Study

The number of Internet subscribers in the Asia-Pacific region will zoom past those in the United States, making Asia-Pacific the world's largest Internet market within three years. more »

New creative opportunities

X3D enables next generation browsers for Web and broadcast applications more »

The combined solution

IBM to Integrate and Resell Virage Products as Part of IBM'S Media Production Suite more »

Zimbabve lacks computer specialists

„Wincor Nixdorf“ partners again requested help from JSC „Penki kontinentai“. more »