Napster, RIAA Spar In Court
A U.S. Court of Appeals in Pasadena, Calif., heard arguments yesterday (Dec. 10) from Napster and the music industry on the methods of compliance imposed in March on the file-sharing service, BillboarA U.S. Court of Appeals in Pasadena, Calif., heard arguments yesterday (Dec. 10) from Napster and the music industry on the methods of compliance imposed in March on the file-sharing service, Billboard Bulletin reports. Napster argued that the "zero tolerance" policy set by Judge Marilyn Hall Patel could not be met based on the limitations of a text-based filtering system.
"Napster cannot find every conceivable variance of a song," says lawyer Lawrence Robbins, who argued that the music industry must supply Napster with specific files it wants barred.
The Recording Industry Association of America (RIAA) wants a blanket injunction. Russell Frackman, lead attorney for the organization, argued that the record labels should not be expected to provide specific file names of infringed works. Frackman said that once the record labels notify Napster of the works they own, it is Napster's responsibility to filter those works.
On July 12, Napster was ordered closed by Patel until its filtering system could be proven 100% effective. Six days later, the service was granted an emergency motion for a stay, allowing it to remain open. However, Napster has remained offline ever since while continuing to prepare for its conversion to a legal subscription service.