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Anbei eine kurze Zusammenfassung der Napster-Entscheidung:

-----Original Message-----
From: Law & Policy of Computer Communications
[mailto:CYBERIA-L@LISTSERV.AOL.COM]On Behalf Of Stephen T. Middlebrook
Sent: Monday, February 12, 2001 11:47 PM
Subject: Re: The day the music didn't die

Is my cursory summary of the Napster decision accurate?

Napster is capable of infringing and noninfringing uses.  Napster is
contributory liable for those infringing activities of which it has or
have knowledge.  Napster is vicariously liable if it fails to aggressively
police its users.  The Court upheld "space shifting" under Sony but found
what Napster does is not space shifting.  No other defenses are viable
Thus, the presence of a copyrighted work on Napster against the wishes of
copyright holder is infringing.

So, pending full trial, Napster can stay alive for all of its noninfringing
uses.  If Napster receives notice from a copyright holder that material for
which it hold the copyright is available via Napster without authorization,
Napster must remove it.  The likely procedure for managing such complaints
to be
borrowed from the DMCA?  The parties should reach a settlement akin to the
modified injunction.



Stefan Bechtold
#    Stefan Bechtold    stef@n-bechtold.com    Tuebingen, Germany    #
#              http://www.jura.uni-tuebingen.de/~s-bes1              #
#      Time is what prevents everything from happening at once.      #