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Author Topic: Napster litigation  (Read 2316 times)

Harry the Hipster

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Napster litigation
« on: January 24, 2002, 02:17:44 am »

From today's NY Times:

"Judge Grants a Suspension of Lawsuit on Napster

By MATT RICHTEL

AN FRANCISCO, Jan. 23 — A federal judge has granted a request by four of the five major record companies to suspend their three- year-old lawsuit against Napster, the Internet music service that exploded in popularity by allowing users to freely exchange songs and was deemed by the record companies a threat to their existence.

The order, by Judge Marilyn Patel of Federal District Court in San Francisco, released today to parties in the lawsuit, grants only a 30-day suspension, but it underscores a turnabout in the strategy by the music companies and a possible shift in momentum in their case.

People close to the lawsuit said the industry might have requested the suspension because of fears that some aspects of the case were going against it....

Cary Sherman, general counsel for the recording association, said another reason that the companies requested the stay was that Judge Patel was set to issue orders that would have made the litigation "more burdensome." Mr. Sherman declined to elaborate, except to say that the orders pertained to discovery of evidence and would "get the parties more enmeshed in litigation and less focused on resolution."

Several people close to the case said, however, that the record companies' real motivation in asking for a suspension was that Judge Patel had threatened to issue an order that would have hurt their own case. Specifically, these people said, Judge Patel may have been planning to look more closely at whether the labels had negotiated in good faith in their licensing discussions with Napster.

Napster has said all along that the labels have put it in an impossible position: asserting that Napster should charge for music but, according to Napster, not negotiating in good faith to make their music available for subscription service. The labels have countered that they have negotiated in good faith but that Napster has not offered fair terms.

Napster has not been alone in questioning the record companies' behavior.

The Justice Department said in October that it had begun an antitrust investigation into whether the companies were involved in anticompetitive behavior in the online market, including, people within the industry said, seeking documents pertaining to the licensing of music over the Internet...."

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What a shock....

HTH
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Callithumpian

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RE:Napster litigation
« Reply #1 on: January 24, 2002, 12:32:08 pm »

<<"whether the labels had negotiated in good faith">>

talk about rhetorical questions.  haw, haw, haw.
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glennn

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RE:Napster litigation
« Reply #2 on: January 24, 2002, 05:02:17 pm »

that post is written just as well as any real news story I'VE ever read, Harry; you sure you haven't missed your calling as a journalist?
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Harry The Hipster

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RE:Napster litigation
« Reply #3 on: January 24, 2002, 08:55:26 pm »

I'm no Stephen Ambrose. Attribution at top of the page. Honor the copyright.

HTH
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Scronch

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RE:Napster litigation
« Reply #4 on: January 24, 2002, 09:43:37 pm »

Hmmm, and I thought it was "Honour thy father and thy mother."

Nice world we've developed.

Scronch
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pbnyc

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RE:Napster litigation
« Reply #5 on: January 24, 2002, 11:23:05 pm »

Personally, I'd MUCH rather honour Stephen Ambrose.

pbnyc
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Callithumpian

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RE:Napster litigation
« Reply #6 on: January 26, 2002, 12:17:22 am »

Well here's a little something that ties everything above together.
Only the most irritatingly youthful (that's envy, not emnity) won't recognise it, so I won't bother with formal attribution.

Come senators, congressmen Please heed the call
Don't stand in the doorway Don't block up the hall
For he that gets hurt Will be he who has stalled
There's a battle outside And it is ragin'.
It'll soon shake your windows And rattle your walls
For the times they are a-changin'.

Come mothers and fathers Throughout the land
And don't criticize What you can't understand
Your sons and your daughters Are beyond your command
Your old road is Rapidly agin'.
Please get out of the new one If you can't lend your hand
For the times they are a-changin'.

The line it is drawn The curse it is cast
The slow one now Will later be fast
As the present now Will later be past
The order is Rapidly fadin'.
And the first one now Will later be last
For the times they are a-changin'.


That man is a genius.
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Charlemagne 8

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RE:Napster litigation
« Reply #7 on: January 26, 2002, 02:54:48 pm »

I've noticed that even mid-teenagers (age 15 or so) know who Robert Zimmerman is.
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Callithumpian

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RE:Napster litigation
« Reply #8 on: January 27, 2002, 01:10:49 am »

None that I ever met - until they met me.
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Charlemagne 8

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RE:Napster litigation
« Reply #9 on: January 27, 2002, 01:51:50 pm »

OK. I admit that the only ones that fit that category are my own children. Maybe it's the way they were raised. They've heard everything from George Jones to Beethoven since they were born.
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Callithumpian

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RE:Napster litigation
« Reply #10 on: January 27, 2002, 02:44:00 pm »

Well, I'm very glad to hear that somewhere in the Western World chidren are still being properly raised.
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Charlemagne 8

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RE:Napster litigation
« Reply #11 on: January 27, 2002, 04:29:13 pm »

The first and most important lesson:
Unless certain death or injury is imminent, don't talk during the song.
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Doof

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RE:Napster litigation
« Reply #12 on: January 27, 2002, 05:59:22 pm »

I thought that was Bob Dylan.
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Scronch

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RE:Napster litigation
« Reply #13 on: January 27, 2002, 08:43:09 pm »

>Unless certain death or injury is imminent, don't talk during the song.

Similarly, I've heard that one should never give advice unless it is requested or it is a life-threatening situation.

My advice is to follow this...
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Callithumpian

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RE:Napster litigation
« Reply #14 on: January 27, 2002, 08:44:23 pm »

Are you gonna tell him or will I?
He's a nice fella - he deserves to know.
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Scronch

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RE:Napster litigation
« Reply #15 on: January 27, 2002, 09:24:36 pm »

Oh, OK.  http://allmusic.com/cg/amg.dll?p=amg&sql=B0ifrxqe5ldhe

Not a bad career for a guy who can't sing.  Good thing, though, because his inability to sing convinced Jimi Hendrix to give it a go.

Scronch
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Charlemagne 8

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RE:Napster litigation
« Reply #16 on: January 28, 2002, 06:52:32 am »

Robert Zimmerman
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