Feeds

Napster brief slams RIAA tactics

Music biz Ignore or minimised key precendents - Boies

  • alert
  • submit to reddit

Secure remote control for conventional and virtual desktops

Napster legal chief David 'Microsoft anti-trust trial' Boies yesterday accused the music industry of "serious errors" in its court filings and that the MP3 sharing software company is protected by the US Home Recordings Act (HRA).

Boies' comments, made in a filing with the US Ninth Circuit Court of Appeal, follows 'friends of the court' filings made last week by both the US Copyright Office and the Department of Justice - Boies' chums in the Microsoft case - that Napster is not protected by the HRA.

The Recording Industry Association of America, which is suing Napster on behalf of the music biz, misrepresented the HRA in its court filings, Boies claimed. It also ignored or played down precedents that might help the software company, he said.

Take the case of Sony vs the movie industry, he said. The 1984 Supreme Court ruling protecting Sony from others' illegal usage of the Japanese company's Betamax VCR provides a precedent for Napster's own innocence. Instead, the RIAA discounted the ruling, "transforming it into an effective nullity".

The RIAA's motivation in all this, he claimed, is to allow its members to "use their control over music copyrights to achieve control over Napster's decentralised technology and prevent it from transforming the Internet in ways that might undermine their present choke-hold on music promotion and distribution".

He added: "This case is not about any diminution in the value of plaintiff's copyrights; none has occurred or is reasonably foreseeable as the result of Napster."

That argument mirrors MP3.com's accusation during its most recent court appearance with recording company Universal that the latter was solely out to shut it down. In that case, the judge, Jed Rakoff, dismissed that argument.

Napster may fare similarly if it pushes the 'they're out to get us' line. The Sony Betamax argument, however, is more promising. The case will come to court early next month. ®

Related Stories

US Patent Office dismisses key Napster defence
White House sticks its nose in Napster appeal

The Napster Controversy - Full Coverage

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Google Glassholes are UNDATEABLE – HP exec
You need an emotional connection, says touchy-feely MD... We can do that
YARR! Pirates walk the plank: DMCA magnets sink in Google results
Spaffing copyrighted stuff over the web? No search ranking for you
UK.gov pushes for SWIFT ACTION against nuisance calls, threatens £500k fines
DCMS seeks lowering of legal threshold to fight rogue firms
Just don't blame Bono! Apple iTunes music sales PLUMMET
Cupertino revenue hit by cheapo downloads, says report
Hungary's internet tax cannot be allowed to set a precedent, says EC
More protests planned against giga-tariff for Tuesday evening
US court SHUTS DOWN 'scammers posing as Microsoft, Facebook support staff'
Netizens allegedly duped into paying for bogus tech advice
ISPs handbagged: BLOCK knock-off sites, rules beak
Historic trademark victory, but sunset clause applies to future blocks
prev story

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
How to simplify SSL certificate management
Simple steps to take control of SSL certificates across the enterprise, and recommendations centralizing certificate management throughout their lifecycle.