From today's NYTimes:
" SAN FRANCISCO, Jan. 30 — The major record companies, which two weeks ago surprised analysts by seeking a temporary suspension in their copyright lawsuit against Napster, were about to face potentially damaging inquiries into their own behavior on maintaining copyrights.
According to transcripts made public today, the judge in the case said on Jan. 16 that she intended to grant a request by Napster to explore whether the record companies might have colluded to prevent Napster and other online music competitors from licensing music to sell on the Internet. The judge, Marilyn Patel of the Federal District Court in Northern California, also said she would allow Napster to explore whether the record companies might not control all the copyrights they claimed to own."
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This beef isn't just about protecting artistic rights - it's about vertical control of an entirely new product and marketplace. The judge finally got hip to it, and so has the Dept of Justice. A copyright is simply the weapon of choice....
HTH