RIAA Calls Napster Defense "Patently Baseless"
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emailThe Recording Industry Association of America (RIAA) on Thursday (7/13) filed the latest court brief it hopes will help to effectively shut down Napsters controversial MP3-file-trading program. The brief attempts to negate arguments Napster recently presented in a brief of its own.
Napster filed its brief earlier this month in an effort to dissuade a federal court judge from granting the RIAAs June request for a preliminary injunction that would block almost all file-trading via Napster's network while the court hears the copyright-infringement lawsuit that the RIAA filed against the site earlier this year.
Napsters opposition represents the latest in a long line of Napsters attempts to reinvent itself and its legal position, said RIAA lawyers in Thursdays (7/13) brief. Napster devotes far less attention to responding to the key issues before this Court--contributory and vicarious infringement--than it does to arguing patently baseless defenses.
Napster had argued that the 1992 Audio Home Recording Act (AHRA) protected the duplication of copyrighted works for non-commercial use; that Sonys victory against the motion picture industry regarding VCRs sets a precedent for the current case between Napster and the RIAA; and that shutting down Napster would be a violation of its users First Amendment rights.
The RIAA says those arguments are not valid. The AHRA defense does not apply, claims the RIAA, because the home computer--the device Napster users employ to trade copyrighted music files--is not recognized by the courts as a digital recording device. The RIAA further argues that the scale on which files are being traded (Napster claims to have roughly 20 million users) is not in keeping with the AHRA guidelines on copying for personal, private use, but, rather, qualifies as distribution of copyrighted works.
The Sony doctrine also wont fly, says the RIAA, because, unlike VCR manufacturers, Napsters network represents an ongoing relationship between the direct infringer and the contributory infringer. According to the RIAA, Napster can be held accountable for the actions of its users.
As for Napsters claim that its network can not be shut down because of its supposed many non-infringing uses, the RIAA says that thats fine, just shut down the infringing area of Napsters operation.
Napsters new artist program--which consists of unsigned bands that register with the site and give permission for their works to be distributed via Napsters network--as well as the networks chat rooms and instant messaging capabilities, could continue to operate if an injunction is granted, argues the RIAA.
The RIAAs brief also dismisses Napsters First Amendment defense, claiming that the First Amendment doesnt shield copyright infringement.
A hearing before U.S. District Court Judge Marilyn H. Patel is set for July 26. At that hearing, Patel is likely to decide whether or not to grant the RIAAs request for a preliminary injunction against Napster.
