August 2000 • Rockbites Alternative Daily
|
newsarchive
|
|
August 2000 • Rockbites Alternative Daily
|
| back to August 2000 index |
|
|
Technology coalitions effectively side with Napster 26 August 2000 High tech, powerhouse coalitions the Consumer Electronics Association (CEA), the Digital Media Association (DiMA), and NetCoalition filed amicus briefs on Friday strongly critical of San Francisco based federal judge Marilyn Hall Patel’s decisions. Patel ruled in favor of the Recording Industry Association of America, which had brought a copyright infringement lawsuit against Napster. Napster’s software makes it easy for Internet users to swap music files independent of copyright status or ownership. The briefs, while disavowing any taking of sides in the dispute, argue that Patel wrongly interpreted copyright law when she ruled last month that Napster’s potential for legal use is minimal and insufficient. Potential for legal (or 'non-infringing') use was the standard established in 1984 in the Sony Betamax case that indemnifies VCR manufacturers against copyright liability even though some users make illegal copies of movies. She instead invented 'preponderance of use' and 'founders' intent' tests, claiming that Napster intended users to break copyright law and that most users do. She also ruled that personal computer systems do not constitute home audio recording units. The tech coalitions, which count among their hundreds of members such companies as Sony, Cisco, Apple, Amazon.com, America Online, Listen.com, Emusic.com, and Yahoo, believe that Patel’s interpretation of copyright law could threaten technology advancements broadly across consumer markets. Jon Potter, executive director of the DiMA, said “There are ways to go after bad people and infringing techniques that are very different than the ways to ban technology.” Another broad coalition filed an opposing brief on Friday as well, representing NetCoalition, the Ad Hoc Copyright Coalition, the US Internet Industry Association, the Commercial Internet Exchange, the US Telephone Association, the Computer and Communications Industry Association, and the Information and Technology Association of America. These groups don’t want Patel’s ruling to open Internet Service Providers (ISPs) to copyright infringement lawsuits. | Cnet story | | Napster | | RIAA legal page | | Consumer Electronics Association | | Digital Media Association | | top of page | |
| back to August 2000 index |
|
|
click for Rockbites Home
|
|
|
Copyright © 1998 - 2001 M. Jason. All Rights Reserved. Rockbites is not for profit and supports human rights. “Rockbites” and “Alternative Daily” are service marks of Rockbites. All names are the property of their respective owners. Send your feedback or questions to feedback@rockbites.com Send your press releases to press@rockbites.com Rockbites Alternative Daily contact information |
|