Influential Supporters Of Napster

On Friday a friend-of-the-court brief was filed with the 9th U.S. Circuit Court of Appeals by 18 professors from various law schools stating that they believed that a federal judge erred in granting the injunction against Napster to the RIAA…

On Friday a friend-of-the-court brief was filed with the 9th U.S. Circuit Court of Appeals by 18 professors from various law schools stating that they believed that a federal judge erred in granting the injunction against Napster to the RIAA…

The professors, from schools such as New York University, Georgetown University and Boston College, said it would be impractical for any file-sharing service to operate within the constraints imposed by U.S. District Judge Marilyn Hall Patel on July 26.

The appellate court has issued a temporary stay allowing Napster to stay online until the merits and form of the injunction are further examined. The professors argued that technologies that preceded Napster, such as radio, television and photocopy machines all permitted new methods of copyright infringement, but courts allowed them to operate because they offered legitimate uses. Napster has argued that legitimate uses for its software include the marketing of unsigned musicians and previewing of music to be purchased later on compact discs by consumers.

The Association of American Physicians and Surgeons (http://www.aapsonline.org/aaps) filed its own brief, arguing the reasoning behind the injunction against Napster could lead to the shutdown of Web sites that provide medical information. The nonprofit group used an example of online research of the drug Ritalin. An Internet search for the trademarked drug Ritalin returns results from various Web sites that weigh the drug’s pros and cons. If the owners of Ritalin asserted their “intellectual property rights” and demanded that only authorized links to Ritalin could be provided by search engines, then criticism of the use of Ritalin would be stopped along with freedom of speech.

Author: The Anonymous Clan over at Cipherwar

News Service: Cipherwar.com

URL: http://www.cipherwar.com/news/00/napster.htm

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