OWN CORRESPONDENT | Sunday
NAPSTER, the Internet’s most popular song trading site, on Friday petitioned a federal appeals court to review its earlier ruling that threatens to shutter the company.
The filing was made in the face of a looming lower court injunction that could shut down the company.
The Redwood City, California company filed a motion for a hearing before the full 25 judges of the US Court of Appeals in San Francisco. Napster would have to persuade at least thirteen of those judges that the case is merits review.
Last week, a three-member panel of the appeals court upheld a lower-court ruling that Napster had engaged in wholesale copyright infringement by letting its 60 million-plus users swap copyrighted songs online. The case began when major record companies and musicians sued Napster for piracy.
The appeals panel has asked a lower court to redraft an injunction which will then prohibit Napster from trafficking in copyrighted songs. That would remove more than 70% of the music files being traded on the site, effectively shutting down the service.
The lower court is due to hear arguments from opposing parties on March 2 before issuing its redrafted injunction.
“We believe we can prevail before a full panel of judges,” a Napster representative said.
According to the filing, Napster is arguing that the panel’s earlier decision “conflicts with decisions of the Supreme Court.” – AFP
ZA*BUSINESS:
Napster offers $1bn to stay together February 21, 2001
Napster: the day the music died February 14, 2001
CUSTOM SHARE SERVICE
CUSTOMISE your share portfolio and have live prices delivered by e-mail or cellphone. Various options available.
More details