Napster
copyright infringement charges upheld SAN FRANCISCO
(AP) A federal appeals court has upheld its February decision that Napster
contributes to copyright infringement and must remove protected works from its
song-swapping service. In a Friday ruling made public
Monday, the 9th U.S. Circuit Court of Appeals said it would not revisit the three-judge
decision with 11 judges. The court's ruling leaves the
U.S. Supreme Court as the remaining legal arena for Napster. "We
will review our legal options going forward," said Jonathan Schwartz, Napster's
general counsel. Officials with the Redwood City-based
company, embroiled in litigation from the recording industry, did not immediately
respond to a request for comment. In February, the three-judge
circuit panel upheld a federal judge's order demanding that Napster remove copyrighted
works from its system. Napster argued that it was not facilitating copyright infringement,
a position the appeals panel strongly rejected. Napster
is now removing songs from its service, an undertaking that is proving difficult
as users continue to resurrect songs killed from the system. "As
far as we are able to tell, a lot of our stuff is available on Napster in some
shape, form or other," said Russell Frackman, an attorney for the recording industry. But
as finding songs on the service gets more difficult, fans are abandoning the service.
A recent analysis by the Internet research firm Webnoize found that Napster use
has plunged 41% since the online company added song-screening technology to begin
complying with orders to remove copyrighted works. Frackman
said the Recording Industry Association of America is still pursuing a federal
court trial in the case and will seek an unknown amount of damages for copyright
infringement from Napster. Also Monday, the Academy
of Motion Picture Arts and Sciences, which awards Oscars once a year to movie
standouts, filed a federal copyright infringement lawsuit against Napster. The
lawsuit accused Napster of allowing its users to download live, copyrighted music
performed on the March 25 broadcast of the awards show. Artists who performed
include Garth Brooks, Bob Dylan, Faith Hill and Sting. That
suit is nearly identical to one filed in March against Napster by the National
Academy of Recording Arts & Sciences, which produces the music industry's Grammy
Awards. Napster, meanwhile, is moving toward legitimacy.
Three weeks ago, the former music industry bad boy said it struck a distribution
deal with three record labels that are expected soon to launch an online music
subscription service.
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2001 The Associated Press. All rights reserved. This material may not be published,
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