EMusic, a web site that offers licensed MP3 files to paying
subscribers, is identifying and trying to stop Napster users that
are downloading song files for which EMusic has arranged a
distribution deal with record publishers. EMusic has deals that
give it a library of over 140,000 song files.
EMusic has developed a software application that searches for
Napster users that it says are illegally distributing songs. When
an infringing user is identified, he/she will receive an instant
message from EMusic making the user aware of the infringement and
providing a 24-hour grace period to stop distributing the track.
After 24 hours, if the user continues to make the tracks available
via the Napster service, EMusic will tell Napster of the
infringement and demand that Napster blocks the continued
distribution. EMusic is basing its demands on the US Digital
Millennium Copyright Act.
EMusic claims that it only wants to prevent the distribution of
particular files. Napster says that the only action it can and will
take is to cut off users' accounts completely as what EMusic
suggests is technically infeasible.
Napster have always maintained that members using the
file-sharing service is not breaking the law. The solution proposed
by Napster has the advantage that blocked users can simply
re-register with different usernames.
Disclaimer: We hope you find OUT-LAW’s content useful. It’s prepared by the lawyers at Pinsent Masons. Please remember, though, that it’s intended as general information only. It’s not legal advice. If that’s what you’re seeking, please
contact us. See also: our
full disclaimer