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Napster VS. RIAA

Napster is an integrated browser and communications system provided by Napster, Inc. to enable individual Internet users a directory of Internet files created, named, and controlled by other Internet users. This system allows the user to select files and download from the other users' hard drives. In December of 1999, Napster received an indictment from the Recording Industry Association of America (RIAA), which informed them that Napster, Inc. was being sued for copyright infringement. The date of the final hearing has been set for the first of October. If Napster loses the suit, it will be forced to shut down and at least 45 jobs will be terminated or it will be forced to pay $100 million. The forced shut down of Napster would also imfringe on the user's First Amendment rights of the users and the company. Napster, Inc. was founded by Shawn Fanning. He developed the original application and service in January of 1999 while he was a freshman at Northeastern University. Encouraged by two of his friends and with a cash donation from a family friend, he quit college and moved to the Silicon Valley and started the company in May of 1999. The company instantly blossomed on ww


Under the terms of the Digital Millennium Copyright Act, if an Internet service provider receives a complaint about a user who is allegedly violating a copyright, the ISP is supposed to immediately remove that user from its service. If Napster were to instate "watchers" who would find the source of the copyrighted material and remove them, according to the DMCA Napster would not be liable. But if that user thinks he or she has been misidentified and submits a legal counter notification, then the copyright holder has 10 days to decide whether to take legal action. Retrieved September 23, 2000 from First Search Database (PerAbs 0040-781X) on www. In promoting the New Artist Program, Napster should use MTV as their primary source of reaching their users. That there is a significant likelihood that substantial numbers of copyright holders who license their works for broadcast on free television would not object to having their broadcast time-shifted by private viewers (i. The RIAA experts contend that it is technically possible to use the Napster system that only indexes or allows songs that have been authorized. The RIAA does not want to shut Napster down but have Napster "play by the same rules as everyone else (Ref 10)". The sample frame for the study consisted of 3,300 USC students. Universal City Studios owned the copyrights on some of the television programs that were broadcasted on the public airwaves.

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