Appeals court to rule Monday on Napster

The Associated Press
Saturday February 10, 2001

SAN FRANCISCO — The federal appeals panel considering Napster Inc.’s fate will issue its ruling Monday in the high profile music-sharing lawsuit, the court announced Friday. 

The 9th U.S. Circuit Court of Appeals said a decision by the three-judge panel will be released by 11 a.m. The decision is to be posted at the court’s Internet site at www.ce9.uscourts.gov. 

The court, which in the past year has issued rulings in favor of technology despite concerns of copyright infringement, national security and Internet monopolies, heard the recording industry’s case in October against the Napster site that acts as a gateway for millions of online surfers to exchange and record copyrighted music. 

The recording industry wants Napster shut down, alleging it is contributing to widespread copyright infringement. The panel could remove Napster from the Internet or allow it to keep operating. 

Napster maintains it is just providing a service for users to share music and not all of the music is copyright protected. 

The recording industry has accused the Redwood City-based company of copyright infringement and wants the giveaway stopped. Hilary Rosen, president of the Recording Industry Association of America, issued a statement Friday regarding the upcoming ruling. 

“We’re confident that the Ninth Circuit understands the severity of our claim and will uphold the decision of the U.S. Federal Court.  

Monday’s decision may finally clear the way for the legitimate online marketplace to thrive in an environment that encourages both creativity and a respect for copyright,” Rosen said. 


The 9th Circuit temporarily halted a federal judge’s July order shutting down Napster so it could decide for itself whether Napster could continue operating while the recording industry’s case against it proceeds in court. 

On the Net: 


Recording Industry Association of America: http://www.riaa.com