Advanced Copyright Law on the Internet

that even if it were “technologically impossible for Napster, Inc. to offer such functions as its directory without facilitating ...

more than seek partners for their commercial downloading ventures and develop music players for files they planned to sell over ...

noted that “[b]ecause defendant has contributed to illegal copying on a scale that is without precedent, it bears the burden of ...

Plaintiffs shall make a substantial effort to identify the infringing files as well as the names of the artist and title of the ...

“Plaintiffs may provide to Napster in advance of release the artist name, title of the recording, and release date of sound reco ...

second, that portion imposing on Napster the “burden of policing the system within the limits of the system,” as relating only t ...

technology and whether Napster’s use of this technology was sufficient to comply with the modified preliminary injunction. The p ...

Mar. 5 modified injunction. Its opinion in the consolidated appeals is discussed in subsection 17 below. Napster’s Motions to D ...

possess constructive knowledge if he has reason to know a third party’s direct infringement.”^1753 The district court rejected N ...

The district court found Napster’s interpretation of the Ninth Circuit’s opinion to be problematic: First, Napster reads the sta ...

would potentially authorize massive blocking of noninfringing works. Napster also argued that the Mar. 5 order impermissibly del ...

injunction directs Napster, in no vague terms, to do exactly that.”^1771 The court also rejected Napster’s argument that the dis ...

The district court did not, as Napster argues, premise the shut down order on a requirement that Napster must prevent infringeme ...

With respect to the ownership issues, the plaintiffs rested on the legal rule that a copyright certificate establishes prima fac ...

The court then turned to Napster’s need for discovery on its allegations of copyright misuse by the plaintiffs. The court first ...

antitrust and misuse issues raised by Napster.^1791 Such discovery was subsequently stayed as the result of filing of bankruptcy ...

shut down its exchange service in order facilitate a resolution of the copyright infringement litigation and the sale of its ass ...

The Aimster service contained several additional features that ultimately proved relevant to the analysis of copyright infringem ...

On Mar. 19, 2002, the lawsuits against the Aimster service, which was subsequently renamed “Madster” after a trademark dispute w ...

for one’s personal library, then returning the original to the public library,” and the third because it “amounted to creating a ...