The loaded gun pointed at Napster's head loomed a little larger as federal Judge Marilyn Hall Patel released the details of her decision ordering the company to close its digital doors. Three weeks ago, Patel granted a preliminary injunction against the music-swapping start-up that would have barred it from allowing any major-label songs to be traded through its service.That order was quickly put on hold by an appeals court, but that stay is only temporary. Next week, Napster will submit its first legal papers laying out why it thinks Patel was wrong-and today's documents show that the company will have a high legal hill to climb. Napster is one of several companies developing so-called peer-to-peer technology that lets people search and retrieve music files directly from one another's personal computers. The technology has been hailed as a revolutionary development for the Internet, much as Web browsers were five years ago.
It also has been vilified by the "We strongly and firmly disagree with the judge's decision," Napster chief executive Hank Barry said after the original decision. "We intend to see this through in every venue, in every court." Napster's first court briefs addressing Patel's decision are due at the end of next week. The recording industry must respond by Sept. 18, after which a court date will be scheduled.
Copyright © 2000 Indian Express Newspapers (Bombay) Ltd.