Let the emergency downloading begin – or continue.
After a weekend that consisted of millions of online users frantically downloading free music files in preparation for the worst, a federal court ruled Monday the Internet company, Napster Inc., must stop the illegal distribution of copyrighted music on its site.
“We are very pleased that the Court of Appeals has affirmed the district court’s opinions and reaffirmed the rights of artists, creators and copyright holders,” said Matt Optenheim, senior vice president for business and legal affairs for the Recording Industry Association of America, in an interview with The Spectator.
The three-judge panel of the 9th U.S. Circuit Court of Appeals ruled in favor of the music industry, specifically the RIAA, who originally filed suit against Napster in December 1999.
Optenheim said the court’s ruling is not applicable to just the parties involved with the suit, but has a more broad effect on the music industry.
“It will allow the legitimate marketplace to thrive,” Optenheim said.
According to the Associated Press, the judges said they found that “Napster has knowledge, both actual and constructive, of direct infringement” of copyrights. They did not, however, specify what kind of sanctions Napster could face.
The panel sent the case back to trial judge Marilyn Hall Patel, asking her to more narrowly focus her July injunction ordering Napster to shut down.
Optenheim said the effect of the decision will not be immediate, because it’s mostly a procedural rule the district court judge will have to put into effect.
Napster CEO Hank Barry said the company would appeal to a larger panel on the 9th circuit, according to the Associated Press.
But, basically, the future of Napster’s free music world looks grim.
“The writing’s on the wall,” Optenheim said.
Napster users took notice of the ruling Monday and traded more than 1.5 million files on only one of the company’s more than 100 servers immediately after the decision was made.
The ruling has disappointed many Napster users.
“It’s funny how they single out Napster because there’s other programs out there,” sophomore Scott Wilson said.
Wilson was one of over 300,000 Napster users kicked off the site last spring for illegally hosting and/or distributing Metallica songs due to the band’s separate lawsuit against the online company.
Wilson said he thinks the court’s decision will slow down the process of downloading songs, but new programs will always come out.
“The advancement in technology will create new ways of downloading music,” he said.
Freshman Jenique Musil, who also uses Napster, said the decision doesn’t really matter to her, but she understands why the music industry sued.
“It’s a smart move on (the industry’s) part, but it’s not good for the rest of us,” Musil said.
Local musician Rick St. Germaine, guitarist of the band No Loving Place, said he also can see both sides of the debate. His band’s music is copyrighted and is online through mp3.com.
“I’m kind of torn in between the two,” said St. Germaine, who added there’s too many other free online music outlets to really affect the situation.
Although St. Germaine said he might have a different perspective down the road, he doesn’t mind how his music is distributed now.
“Not everyone’s a rock millionaire like Metallica.”