After several rounds of hearing, the Federal District Court issued a temporary injunction restraining the Napster to offer its free services and asked to shut down temporarily.
I would argue that you would get better range, better quality and better choice if you do pay the creator something. For the past six months, Napster has been operating under a stay from the 9th U. Although it was clear that Napster could have commercially significant non-infringing uses, the Ninth Circuit upheld the District Court's decision.
The royalty structure would also grant Napster the luxury of either choosing to continue and pay royalties or shut down. Separately, Metallica and Dr. The collective directory is fluid; it tracks users who are connected in real time, displaying only file names that are immediately accessible.
MP3 music files have been around for several years, but they were difficult to find. While the company was working towards setting the problems right and resuming operations, in mid Julya District Court Judge order barred Napster from offering the file-sharing service.
Both Diamond and Sony are inapposite because the methods of shifting in these cases did not also simultaneously involve distribution of the copyrighted material to the general public; the time or space-shifting of copyrighted material exposed the material only to the original user.
Diamond Multimedia  cases applied in this case because the "shifting" in neither case included or enabled distribution. This landmark intellectual property case put an end to any speculation that such services could facilitate copyright infringement, but still shield themselves from any liability due to the fact that it was the users that chose to share illegal copies of protected works.
Plaintiffs assert that the district court did not err in placing the burden on Napster. The Ninth Circuit disagreed slightly with the District Court on the safe harbor issue, however, finding that the contributory infringement does not necessarily exclude a party from safe harbor protection.
Napster lost the case in the District Court but then appealed to the U. He next must log into the Napster system using his user name and password. Napster objected that the report had not undergone peer review.
Moreover, lack of harm to an established market cannot deprive the copyright holder of the right to develop alternative markets for the works.
Lawyers for Napster argued in October in front of the appeals panel that the many legal uses of the company should preclude it from being shut down. Federal law and the federal courts have been quite clear on what is not legal. The district court concluded that Napster users are not fair users.
See Prudential Real Estate, F. Dre or Metallica, Radiohead had never hit the top 20 in the US. Get Full Essay Get access to this section to get all help you need with your essay and educational issues.
Email Napster could be singing the blues soon. The legislation allows consumers to make digital recordings for their personal use but mandates manufacturers of devices such as the DAT machine and the mini-disc recorder to pay a royalty to the copyright owners.
The Holding As stated above, the Court ruled against Napster. Napster maintained a database of music files held on the computer hard-drives of other registered Napster users.
This conclusion is supportable. Peer-to-peer file sharing allows individuals to bypass central providers of content and to find and exchange material with one another. They concluded, "If Plaintiffs want copyright law extended to allow the suppression of new technologies, they must make their case to Congress.
We cannot say that Judge Patel abused her discretion when she fixed the penal sum required for the bond. Nor does positive impact in one market, here the audio CD market, deprive the copyright holder of the right to develop identified alternative markets, here the digital download market.
Material Contribution  Under the facts as found by the district court, Napster materially contributes to the infringing activity. Here, similar to L. Royalties  Napster contends that the district court should have imposed a monetary penalty by way of a compulsory royalty in place of an injunction.
The software debuted in September and quickly gained notoriety and popularity as more and more of the online community turned to it to tune into MP3s.
We note, however, that under certain circumstances, a court will conclude that a use is fair even when the protected work is copied in its entirety. The user then saves his MP3 files in the library directory, using self-designated file names.
We note that First Amendment concerns in copyright are allayed by the presence of the fair use doctrine. X  We affirm in part, reverse in part and remand.The Napster Controversy: RIAA vs.
Napster In the summer ofa website, bistroriviere.com, was launched in the US - and the global music industry was changed forever. Napster was a system which enabled musicians and music fans to locate music available in the MP3, and WMA 1 music formats. Napster and the Music Industry - Napster and the Music Industry We have all watched over the last year and a half as the controversy over the digital music provider Napster has clogged our television screens and lined our floors in the forms of newspaper articles.
A&M Records, Inc. v. Napster, Inc.
Court: United States Court of Appeals for the Ninth Circuit: Full case name: A&M Records, Inc. v. Napster, Inc. Argued: October 2 Decided: February 12 Citation(s) F.3d Holding; Napster could be held liable for contributory and vicarious copyright infringement, affirming the District Court holding.
Users who obtain Napster's software could then share MP3 music files with others logged-on to the Napster system. Napster allowed users to exchange MP3 files stored on their own computer hard-drives directly, without payment.
Universal Music Group, Sony Music Entertainment, EMI, and Warner Music Group are known as the "big four" in the music industry.
Of this list, only A&M, Geffen, Interscope, Sony, MCA, Atlantic, Island, and Motown are listed as plaintiffs on the bistroriviere.com: United States Court of Appeals for the Ninth Circuit. The lawsuit is against Napster it has been brought by the Recording Industry Association of America (RIAA) as well as other major music labels.
Napster is a virtual community, which consists of music news and chat-rooms, the main feature it offers is an easy way to download MP3's (music files).Download