A preliminary injunction was yesterday granted by a San
Fransisco court against Napster Inc., the company behind the
on-line music sharing service. The injunction, which was sought by
the Recording Industry Association of America (RIAA), will force
Napster to shut down its web site from midnight on Friday pending
the outcome of a full hearing.
The decision was taken by US District Judge Marilyn Hall Patel
who said the company was encouraging “wholesale infringing” against
music industry copyrights. Referring to the estimate that 70
million people were expected to be using Napster by the end of this
year, Judge Patel said: “What lures them is the infringing
use.”
The RIAA, which represents the world’s biggest record companies,
has been ordered to post a $5 million bond against any financial
losses incurred by Napster pending the full trial on the copyright
issues involved.
Yesterday’s injunction prohibits Napster from “copying or
assisting or enabling or contributing to the copy or duplication of
all coyprighted songs and musical compositions of which the
plaintiffs hold rights”.
In response to the ruling, Napster’s chief executive officer,
Hank Barry, said: “The judge issued an order which basically would
have the effect of shutting down Napster... We’ll fight this in a
variety of ways, to keep the Napster community going and strong”.
Napster is today filing an emergency appeal against the
injunction.
Many observers believe that the case will eventually be settled
through a compromise between the opposing sides. It has been
suggested that a final agreement may involve the RIAA taking
control of Napster’s technology and operating it in a more secure
environment.
