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Napster and Record Industry Clash Over Sales and Copyrights

http://www.nytimes.com/library/tech/00/07/biztech/articles/04music.html

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July 4, 2000

Napster and Record Industry Clash Over Sales and Copyrights

By MATT RICHTEL

SAN FRANCISCO, July 3 -- Napster, the embattled Internet music start- up, today asked a federal judge not to shut down its service, asserting in a court brief that individual Napster users are doing nothing illegal by making personal collections of copyrighted music they download over the Internet.

In the brief filed in federal court in San Francisco, Napster lawyers also argued the service enhances record sales rather than erodes them, an assertion that the record industry strongly disputes and one that could be central to determining the outcome of the case.

[...]

In its brief, Napster's legal team, led by David Boies, who argued the government's antitrust case against Microsoft, said people who use Napster are permitted to download files under the federal Audio Home Recording Act of 1992. Mr. Boies said the act permits copying of files for personal, noncommercial use.

"If a consumer can copy an MP3 file from his or her hard drive without violating the copyright laws, it is self-evident that Napster's Internet directory service does not violate the copyright laws either," according to the brief.

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