The Recording Industry Association of America has filed a complaint
in court alleging that Napster has failed to comply with the recent
injunction that ordered the company to block access to thousands of
songs owned and named by record companies.
The RIAA’s complaint says that virtually all the music Napster
claims they have filtered is still available, calling its system
“an utter failure.” It has asked the court to order that the
service either adopt superior technology-based filters or revamp
into a “filter-in” system only. Under a “filter-in” model, Napster
would only permit those works on their system that are authorised
to be on their system.
“Napster seems to have adopted the most porous filter available.
Do they refuse to employ an effective filter for fear that it might
actually work?” said Hilary Rosen, president of the RIAA. “Calling
this type of filter effective is like calling an umbrella full of
holes a hurricane shelter. It’s not working, it never will work and
Napster should be ordered to implement an effective filter or to
change its filtering method.”
Napster’s CEO Hank Barry yesterday hit back at the RIAA’s
filing. He said:
“Napster is aggressively complying with the
injunction with significant measurable results... The RIAA's call
for a fundamental change in Napster's technology is unsurprising:
It is an attempt to change the subject rather than co-operate with
Napster as the injunction specifies.
“The RIAA's report fails to mention their
complete lack of co-operation in supplying variations in artist
names and song titles. While we have gone forward to block this
multitude of files, it is important to note that not a single
record company has provided us with one variant of any song name.
This is contrary to both the Ninth Circuit's decision and the
District Court's order.”
