Word: copyright
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...downloads are conducted between users, and the files--any file can be shared, not just mp3s--will never pass through the OpenNap system. These servers, which differ only slightly from Web search engines like AltaVista or Google, are now in danger of being shut down under accusations of "contributory copyright infringement"--of being punished for using names resembling "Napster...
...doctrine of contributory infringement is one unique to the copyright code. Refusing to stop illegal activity when you have a financial interest in it is known as "vicarious" infringement, and Napster was probably guilty of that too. But anyone who encourages or assists in the violation of copyright can be guilty of contributory infringement, a label that may become a dangerous catchall...
...REAL DISCONNECT Revolutionary or reprobate? Shawn Fanning's Napster may have brought free music downloads to the wired masses, but a United States Court of Appeals ruled that the technology violates copyright laws. Back to the CD store? Illustration for TIME by Vance Ypsilanti...
Will this solve all of Napster's problems? Not by a long shot. There is still a major technology issue. The appeals court wanted Napster to develop a way of sorting through the music files and identifying the ones that are copyright-protected. It's in the works, says Barry. This traffic cop, he says, will most likely examine file names and check them against the titles of protected songs. The court, however, recognized the limits to Napster's ability to police its site...
...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...