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Napster Files For Appeal
Napster, in an effort to keep from having to shut down by tomorrow (Friday) at midnight, has officially requested U.S. Court of Appeals for the Ninth Circuit for an emergency stay against the injunction to shut them down.
Napster stated several reasons why they feel a stay of the decision should be made, such as that the decision:
* Wrongly stated that Napster users were engaged in direct infringement by denying other relevant case precedents and by developing a distinction between "personal" and "non commercial" use.
* Extended copyright law to cover new technologies, ignoring the counsel of the Supreme Court that such extensions should be left to the Congress.
* Was based on limited and insufficient argument. There was only one 90-minute argument, and the Judge denied Napster's request for an evidentiary hearing.
* Ignored substantial evidence that Napster is helping not hurting the record industry.
The filing was made earlier today in San Francisco. Napster stated that they would issue statements and releases regarding this matter by later on today or tomorrow.
User Comments
(These do not necessarily reflect the beliefs of this site)
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Anonymous
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Date: July 27, 2000 @ 5:12 PM
i dont want them banning napster |
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Anonymous
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Date: July 27, 2000 @ 5:18 PM
I have purchased all of metallica's CD's. I also downloaded all their songs
from Napster. does that mean that I am breaking the LAW? NOOOO! Its quicker for me to download them then it is decode the CD and then encode to MP3 format. Now we cant get the stuff that we like from the artists who are not greedy and really encourage the downloading of their stuff... Frankly I
think that the group is greedy and self centered, how rich do they need to be, im a college student with 13 dollars in my pocket right now. I am happy,
IF IT WASNT FOR US, THERE WOULD BE NO METALLICA, DR DRE or that white punk who thinks he is Vanilla Ice.... If the price of a CD wasn't 15 dollars I would buy alot more, but we all know that the prices of CD are artificially high. It takes alot less money to make a CD then it does a
tape. So why are tapes 1/2 the price of a CD???? Hmm good question. Let me
know... CD's have now came down hardly at all since their inception during the 1980's. Technology has increased greatly over the past 20 years and technology is designed to save time and money. Where is it in the CD industry? At my computer I can buy 50 Cd's for 50 dollars, and copy a CD in
15 minutes. Thats 4 discs an hour for all you burn outs out there. During an 8 hour period I can make 32 cd's... At 1 computer, I know thats not how they do it but still, if I did that and sold them at 5 dollars a piece I could make a killing in a weeks time. I would never do that, but think of all
the people who are going to be doing that now that metallica is whimpering
over this napster thing. Personally they are just mad cause they didnt think of it first. I was one of the individuals who suggested a
boycott against the RIAA. I am forming a group here on campus to start a full scale involvement boycott of the record labels and artists involved in the napster service trial. The RIAA is an evil empire that has been to "controlling" for too long. You may slow mp3 progress but you will never stop it!!
EX Metallica Fan |
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Anonymous
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Date: July 27, 2000 @ 6:26 PM
Actually Metallica is bent because somebody got a hold of I Dissappear and it got on Napster before the record companies would even let us radio stations play it. One of our jocks got it and aired it and we got slapped with an injunction by the record company. All because of their stupid marketing roadmap. Now Lars Ulrich is a corporate concubine. Service 'em Lars!! Be the girl tonight!! |
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Anonymous
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Date: July 27, 2000 @ 6:56 PM
I have been burning since the break of dawn. Technology has grown and i cant believe they are banning napster. What is the purpose of banning NAPSTER? Is it going to stop us from downloading music? Hell NO !!! Music is so exspensive and enjoyed by all. Taking music away from those who are in love with it is like taking away our freedom. I thought this land was for the brave and free. Musicians should be glad that till this day we still jam them. Even if we downloaded it and the fact of the matter is everyone is happy. Metallica just mad cuz the arent making the big bucks again. Dont get me wrong, i have jammed and still do (sometimes) to Metallica. But Man there is no reason to cry about it. Music is for everyone.... case closed...napster continues.... and i will be JAMMING !!!!
concerned being |
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jark
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Date: July 27, 2000 @ 6:57 PM
People, get used to it. This is as real as it gets; Napster will, more than likely, never be back in the form that we are all used to.
--[ jark ]-- |
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dark_angel
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Date: July 27, 2000 @ 7:34 PM
it really sucks that napster is being shut down...but no court is ever going to side with thime... |
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Anonymous
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Date: July 27, 2000 @ 10:34 PM
YO JARK I HEAR A LOT ABOUT YOU (BAD COMMENTS) BUT TO TELL YOU THE TRUTH I DONT CARE AS LONG AS I GET MY MP3'S IS FINE WITH ME. (NOTHING WITH THE CAPS LOCK I JUST LIKE TO USE IT)
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Anonymous
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Date: July 27, 2000 @ 10:35 PM
Banning Napster is stupid. We all pay good dollars to use the internet, and some, including myself, use the internet primarally for music. I am extremly frustrated with the stupidity of the congress men.
Banning Napster will do nothing. Napster isn't just a program. Its an unstopable transfer of files, which is happening as we speak.... |
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mp3opinions
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Date: July 28, 2000 @ 7:04 AM
I was disappointed to see that they still don't say anything about how things would run in the future. Its the same old argument. Its like that Simpson's episode where Bart repeats over and over again: I didn't do it! It's funny the first couple of times...Let's face it, giving away something that you don't own shouldn't make you a hero. Now, let's see what business model they come up with. Better still, write your own! That's right, we are offering you a chance to come up with a business model for Napster. Post your ideas at:
www.mp3opinions.com |
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Anonymous
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Date: July 28, 2000 @ 11:22 AM
Why doesn't Napster just mirror it's service into Canada? There's no injunction against it there and no Canadian judge would call one to one file sharing an illegal activity. Another idea.....remember Sealand in last months Wired magazine? It's an autonomous soverign state that has it's own laws. It was built for this kind of problem. Do it to it Napster, get the ball rolling, they will never stop you! |
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