Feeds

US appeal court sets date for Napster trial

Has Napster's request for RIAA case to be thrown out failed?

  • alert
  • submit to reddit

The Power of One eBook: Top reasons to choose HP BladeSystem

The US 9th Circuit Court of Appeals has named the date for the commencement of the Recording Industry Association of America's landmark copyright infringement case against MP3 sharing software developer Napster.

The trial will begin on 2 October, with both sides making their opening statements, Reuters reports. The Court did not indicate the make-up of the triumvirate of judges that will oversee the trial.

The fact that a trial date has been suggests that the appeals court has not agreed to Napster's motion to have the RIAA's injunction against it thrown out completely, which the software company's lawyers requested on 18 August.

Their request follows the Court of Appeal's decision to rescind the preliminary injunction imposed upon Napster by District Court Judge Marilyn Patel on 26 July. Instead, the appeals judges ruled, Napster should be allowed to operate, since the case raises issues of precedent that call into question Patel's own ruling.

The trial was originally set for 18 August, but Napster lawyers instead filed a brief requesting the RIAA's requested permanent injunction against Napster be denied. The RIAA was given until 8 September to respond. It's not yet clear whether the organisation, which represents many of the US' music companies but primarily the 'big five', has responded, or whether the Appeals Court is simply following standard procedure.

Certainly if the Court agrees to Napster's latest request, it pretty much negates the need for a trial. So whether the RIAA has filed or it hasn't, it looks like the Appeals Court, for one, believes the case will come to court.

Since the 18 August request, various trade bodies and companies have filed 'friends of the court' briefs placing their own suggestions to the court on record, to bring to the court's attention parallel issues such as the effect of any ruling on listeners' rights to access music; copyright issues in the online world; and potentially overzealous protection for intellectual property.

It's issues such as these that provoked the Appeals Court to block Judge Patel's injunction in the first place, and almost certainly why it wishes to see the case come to court, so that precedents for future cases can be set. ®

Related Stories

Napster goes on offensive
Appeals court orders Napster stay of execution
Napster to close
Napster loses preliminary hearing

For more Napster stories, check out The Register's full coverage of the controversy

Top three mobile application threats

More from The Register

next story
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Securing Web Applications Made Simple and Scalable
Learn how automated security testing can provide a simple and scalable way to protect your web applications.