Word: circuiter
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Though it ruled out what had been most of Napster's case, the Feb. 12 decision by the Ninth Circuit Court of Appeals was not a mortal blow to the peer-to-peer model. But the next round of Napster-inspired lawsuits, some of which are already on the horizon, will soon reveal whether the decision was a one-time strike against a poster child for music piracy--or the beginning of a long crusade against promising technological advances...
When the Ninth Circuit found Napster liable for contributory infringement, it fortunately reiterated the Supreme Court's standard that devices capable of substantial non-infringing uses are still legal. The Napster protocol, which is merely a set of instructions for sending and receiving files, is no more illegal than the Windows "copy file" function. Beneficial, content-neutral technologies can easily be hijacked by pirates who find them useful, but they should not be banned for that reason alone. Otherwise, VCR's and tape decks would have been banned long ago for contributing to copyright infringement--as they almost were until...
...fade from view for even a minute. "I'm still here," he declared as the jet engines revved at Andrews Air Force Base. "We're not going anywhere." The almost spoken promise: Clinton would dominate the power salons of New York City, bask in ovations on the lecture circuit, run the Democratic Party and lead the opposition in the national debate over George W. Bush's agenda. It would be a bold, triumphant new life...
Rehnquist's departure would open a broader field of true-blue conservatives. Michael Luttig and J. Harvie Wilkinson III, colleagues on the Fourth Circuit Court of Appeals, know they're in the running and have jousted competitively in recent opinions. Senate Judiciary Committee Chairman Orrin Hatch is said to want the job, and nominating him or another "member of the club" would confound possible foes. But Hatch's age, almost 67, works against him. Replacing Rehnquist has its own hazards: Bush must decide whether to give the chief's gavel to the new appointee or elevate a current Justice--triggering...
...major setback to Napster, last week the Ninth Circuit Court of Appeals in San Francisco sided with the industry on just that point. It ruled that Napster must stop helping its users exchange unauthorized, copyrighted material. The court did throw Napster a bone: it put the burden for identifying particular copyrighted material on the music labels and other aggrieved copyright owners...