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Napster Partially Loses Appeal

T

Taz4158

Banned
More info to come. Decision
The ruling sends the case back to the original judge who granted the injunction. They were found to knowingly allow copyright infingements. Looks like at least for the short term they'll still be online.
 
Court Says Napster Must Stop


SAN FRANCISCO (AP) - A federal appeals court ruled Monday that the music-swapping service Napster (news - web sites) must stop trading in copyrighted material and may be held liable for ``vicarious copyright infringement.''

Napster must prevent users from gaining access to copyrighted content through its lists of songs archived by the service's users, the 9th U.S. Circuit Court of Appeals (news - web sites) said. Napster officials have said such a ruling could force them to shut down the service.

from san fransisco AP, found at yahoo
 
CNN story



<< However, the appeals court said the scope of the preliminary injunction was overbroad and is sent back to the district court. >>



now I'm confused...the injunction was to broad, so they sent it back-how long might it take for a new injunction to take its place? could the new one face an immediate arguement of being &quot;too broad&quot;? is napster staying up or not? if not, then I second NFS4: NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO

<edit> found this quote in a yahoo story...NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO


<< Napster can stay in business until U.S. District Judge Marilyn Hall Patel retools her injunction, which the appellate court called overly broad. >>

...this probably wont take too long 🙁 </edit>
 
I dont agree with the recording industry and their rates. But I do beleive today was good day for IP rights. Artists do have the right to charge for their music. It is really that simple.
 
its funny, the record companies think they are so hot...but what about the 100's of other ways?? gnutella isnt easily stopped, hotline is impossible to stop all servers ala ftp. lets not mention cutemx, imesh, etc etc. i just dont understand how much of a victory they think they really have??
 
this is not that simple. while i understand protecting the
commercial rights of individual artists, hypocritical record
studios and huge entertainment companies can do more by changing
the antiquated rules of royalty sharing. they can also
stop their collisionary practices of preventing music
store retailers from competing with one another. thats
why we pay 15.00 or 20.00 per cd regardless of where you
shop ! and just as important, the internet file sharing
technology built around napster is revolutionarily new,
and no one yet knows what if any deleterious effect it
can have long term.
 
I'm sure if you guys were all Big Name artists that you would despise Napster and the support for Napster in this thread!

Ok, somebody quick....download everything off of napster just as a backup plan. Then icq me.

hi
 
It appears as Napster lost


The music-swapping service Napster must stop trading in copyrighted material and may be held liable for if it fails to patrol its system, a federal appeals court ruled today. Taken from the front page of the Kansas City Star newspaper: www.kcstar.com





 
Sure there are ways around it, there will always be ways around it, not saying one side is wrong or another but they have to know they won't stop the hardcore people no matter what they do. Really they are trying to stop the causal user, like a good % of aol users, they have all heard of napster, it's way easy to use and shutting it down for them would be like the end of mp3 sharing until something else came along that was insanely popular that they would actually use it.
 
<< If you do not agree with them, dont buy the product. >>

Digobick,

Sounds like he more than wants to buy the product, just not packaged as it is today. I'm in the same boat. If I could go to www._favorite_artist.com pay for then download or have delivered the music for a fair price I'd be spending *a lot* more than I do now on music.
 
dude anything is more than ziltch. LOL.

hmm...if cdr manufacures started selling cdr in huge quantities at superlow prices, (50 bucks or so), then more people than just the average user would jump on the &quot;hardcore&quot; bandwagon.
 
sounds to me like they've got to go through the process over again (resubmitting the injunction, etc.), and even then the new injunction may be &quot;too broad.&quot; given the history of this case, i wouldn't be surprised to see a court order for another 6-7 months.

keep downloading, guys. 🙂

 
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