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ru.internet.www- RU.INTERNET.WWW -------------------------------------------------------------- From : John Lepikhin 2:5070/156 08 Oct 2000 12:32:48 To : Alex Vishnevsky Subject : Re: Napster --------------------------------------------------------------------------------
Среда Январь 19 2000 11:44, Alex Vishnevsky wrote to Vadim Zakharov:
VZ>> Подскажите, сабж у кого-нить pаботает или бобик издох
AV> К сожалению он давно закрыт :(((
Ребят, вы явно что-то путаете. Сейчас сижу и что-то там скачиваю,
вот информация о доступных библиотеках:
[794233 songs in 5349 libraries (3247 gigs)]
Вот тебе последняя новость (за 2 октября) с их сайта. Дело
еще не закончилось, но уже ясно, что сабж выйграл.
-- begin of napster_lawsuit_3.txt --
SAN FRANCISCO (AP) - Three federal appeals judges put the onus on the
recording industry Monday, grilling its attorneys with questions about
why a lower court's injunction against Napster (news - web sites) Inc.
should be reinstated and the song-sharing service shut down.
The panel of the 9th U.S. Circuit Court of Appeals peppered recording
industry lawyers with queries, trying find out how exactly Napster's
service should or could be monitored to weed out the trafficking of
copyrighted music among what Napster claims are 32 million users.
Judge Robert Beezer told Russell Frackman, a lawyer representing the
Recording Industry Association of America (news - web sites), that
asking Napster to keep tabs on music traded by its users might be too
much to handle.
``How are they supposed to have knowledge of what comes off of some
kid's computer in Hackensack, N.J. to a user in Guam?'' Beezer asked.
Frackman said the answer lies in Napster's ability to take a list of
copyrighted song titles and redesign its service not to transmit those
files.
The hearing was part of the continuing legal battle between Napster
and the RIAA, which alleges that Napster contributes to copyright
infringement by allowing millions of users to search for music with
its MusicShare directory and then download directly from each others
computers. The recording industry considers this case pivotal in its
battle against online piracy.
Attorneys for each side had 20 minutes to make their case Monday. The
judges adjourned without reaching a decision, which could come at any
time.
Through its questions, the appeals panel suggested that U.S. District
Court Judge Marilyn Hall Patel's injunction shutting down Napster
prohibited legal uses of the music-sharing software, such as the
trading of noncopyrighted music.
David Boies, who successfully prosecuted the government's antitrust
case against Microsoft Corp. (NasdaqNM:MSFT - news), said reinstating
Patel's injunction would cripple Napster's service.
Patel's injunction against Napster in July said the small Redwood
City-based company was encouraging ``wholesale infringing'' against
music industry copyrights.
But hours before Napster's computer servers were to power down, the
appeals court stayed the injunction, keeping the company's service
alive.
Napster also claimed the promotion of artists who permit their songs
to be shared would be hurt by reinstating the injunction, adding that
the 1984 Supreme Court decision allowing Sony to continue
manufacturing VCRs that can duplicate copyrighted materials also
covers Napster's service.
But Frackman argued that Napster was specifically created to aid users
engaging in copyright infringement. Frackman said the music industry
is not ``trying to stop the Internet,'' but wants to stop Napster from
allowing its users to swap pirated music.
Napster, started in a Northeastern University dorm room last year,
pioneered the concept known as peer-to-peer computing, in which people
share files from their own computers rather than a central server. In
Napster's case, users can download music from each other that is
stored in the MP3 format.
Napster chief executive Hank Barry said the company has been in
discussion with individual record labels about a possible settlement,
but no deals have been reached.
One solution might be a monthly fee to use Napster's service, though
Barry said that is just one of several proposals he has put on the
bargaining table.
``Whether $4.95 a month or $1.99, the whole structure of this thing is
trying to compensate artists,'' Barry said. ``We're willing to pay
very substantial amount to the artists. With a very conservative
estimate, the first-year payments to the artists would be in the
neighborhood of a half a billion dollars.''
Another company, MP3.com, allows users to listen to, but not download,
copyrighted songs stored on its own computers. It has settled lawsuits
brought by four record labels but in September lost a
copyright-infringement case brought by Universal Music Group. That
case is likely to reach the Supreme Court.
Even if the recording industry succeeds in shutting down Napster, it
still faces the enormous challenge of trying to halt the online
swapping of pirated digital music.
Unlike Napster, popular programs such like Gnutella (news - web sites)
and Freenet allow users to swap music without going through a central
server. Experts say shutting down such services would be next to
impossible because of the Internet's very nature.
Hilary Rosen, president and CEO of the RIAA, has said she hopes for
``increased cooperation between innovation and industry'' to get more
music available online.
``It is really awfully hard in the marketplace today to compete with
free,'' Rosen said Monday.
On the Net:
Napster: http://www.napster.com
Recording Industry Association of America: http://www.riaa.com
-- end of napster_lawsuit_3.txt --
[ ] - сорри, если оффтопик.
Bye, Alex.
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