Feeds

MP3.com's battle with RIAA not ours – Napster

Two cases distinct says lawyer - though both about copyright theft

  • alert
  • submit to reddit

Top three mobile application threats

Napster moved to distance its legal wrangle with the music industry from MP3.com's own tussle with the world's biggest recording companies - which could see MP3.com paying up to $250 million in punitive damages for copyright theft.

Napster's battle with the Recording Industry Association of America comes to court next month, and since the case, like that of MP3.com, centres on alleged violation of intellectual property rights, the last thing Napster wants is for its own defence to overshadowed by the ruling against MP3.com.

"We believe Judge Rakoff's decision on the MP3.com case is both factually and legally distinct from the Napster case,'' said Jonathan Schiller, one of Napster's legal team, told Reuters.

"US District Judge Jed Rakoff found MP3.com liable for direct infringement because it copied tens of thousands of CDs for its own commercial purposes,'' he said.

"Nobody at Napster can be accused of direct infringement because we have not copied any of the works. Our technology is completely different and Napster has been accused of contributory infringement."

True, but Napster's opponent, the RIAA, regards the effect as much the same: that Napster is enabling music piracy for its own "commercial purposes", to use Schiller's words.

The RIAA will this week file its response to Napster's call, made on 18 August, for the US appeal court to throw out its case altogether. That request follows the appeal court's decision to overturn a preliminary injunction on Napster granted to the RIAA back in July. ®

Related Stories

Napster: Full Coverage

Build a business case: developing custom apps

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
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
Chips are down at Broadcom: Thousands of workers laid off
Cellphone baseband device biz shuttered
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
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.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.