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Napster Injunction - New 3 Day rule

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#1 KennyLee
Guru

Posts: 1586
From: Bowling Green, KY, USA
Registered: Mar 2000

posted 03-06-2001 02:55 PM     Click Here to See the Profile for KennyLee   Click Here to Email KennyLee     Edit/Delete Message Reply w/Quote
The Napster injunction from Judge Patel is now official. Preliminary reports indicate that it gives Napster some room. Plus, it puts the emphasis on prior notification. Giving Napster 3 days to comply. Viewed by some observors as a victory for Napster.

Here is CNET's description of the new Napster process for dealing with copyright.

http://cnet.com/news/0-1005-200-5039135.html?tag=st.cn.1.lthd


quote:
How the injunction works:
1. A song, such as Metallica's "Enter Sandman," appears on Napster.

2. The copyright holder must give Napster the song title, the performer's name, the file name of the infringing work as posted on Napster, and a legal certification of copyright ownership.

3. Within three business days, Napster must block the file from being traded.

4. Both parties must look for "reasonable" variations of this file, such as "Enter The Sandman" or "Enter Thee Sandman." If such versions are found, Napster must block those files within three days.

5. If a new song is released, the record label can give Napster the artist name and the song title in advance. Napster must block such a title from being traded as soon as it appears on its system.

6. If there are disputes about how well Napster is blocking, the issue goes back to court. But that won't serve as an excuse to put the order on hold.


Now, we are savvy enough to realize that step number 6 is going to be the catch. A variety of codes, most notably Pig Latin, are in the works. nterE andmanS.

Which means that El Brujo is going to have to constantly watch for and notify Napster of variations on the name Harvey Mandel and his tunes to keep him off Napster.

respectfully submitted,

ennyK eeL and the BQB luesB andB

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[This message has been edited by KennyLee (edited 03-06-2001).]

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#2 Snake Crew
Guru

Posts: 156
From: Crested Butte, Colorado, USA
Registered: May 2000

posted 03-06-2001 03:48 PM     Click Here to See the Profile for Snake Crew   Click Here to Email Snake Crew     Edit/Delete Message Reply w/Quote
Yeah and that is a crock of shit

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#3 KennyLee
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Posts: 1586
From: Bowling Green, KY, USA
Registered: Mar 2000

posted 03-06-2001 06:01 PM     Click Here to See the Profile for KennyLee   Click Here to Email KennyLee     Edit/Delete Message Reply w/Quote
quote:
Originally posted by Snake Crew:
Yeah and that is a crock of shit

Now, now, El Brujo. You won. All you have to do is gear up to constantly search every file sharing service for variations on the name of your artist and your artist's songs.

Submit all "reasonable" variations to the service. They have 3 days to comply. If you find the service does not do this to your satisfaction, you can then go to court and ask for further evaluation as to where the service did a "reasonable" job.

Looks like the court realizes that some songs will slip through. After all, nobody is perfect.

There are a lot of dyslexics and bad typists in the world, you know.

You wouldn't want to put people in jail for that, would you?

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#4 Snake Crew
Guru

Posts: 156
From: Crested Butte, Colorado, USA
Registered: May 2000

posted 03-06-2001 06:41 PM     Click Here to See the Profile for Snake Crew   Click Here to Email Snake Crew     Edit/Delete Message Reply w/Quote
WHY SHOULD THE BURDEN BE ON THE COPYRIGHT HOLDERS?

I thought she was going to shut the prick down
what a ration of shit

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#5 KennyLee
Guru

Posts: 1586
From: Bowling Green, KY, USA
Registered: Mar 2000

posted 03-06-2001 07:16 PM     Click Here to See the Profile for KennyLee   Click Here to Email KennyLee     Edit/Delete Message Reply w/Quote
quote:
Originally posted by Snake Crew:
WHY SHOULD THE BURDEN BE ON THE COPYRIGHT HOLDERS?

When you think about it, Rene, how is this any different from previous copyright disputes?

The burden has always been on the copyright holders. This ruling just maintains the status quo.


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