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NY Times: Judge Rules On 2 Issues in Music [Napster] Case

May 09, 2000, 22:09 (0 Talkback[s])

"In a double blow to Napster, a federal judge has decided not to dismiss a lawsuit filed by the recording industry against the company, and suggested in her ruling that it might face an uphill battle as the case proceeded to trial."

"Late Friday, Chief Judge Marilyn Patel of the United States District Court for the Northern District of California, denied a request by Napster, which offers a service that allows consumers to share and trade music over the Internet, to dismiss the lawsuit on summary judgment. Napster is arguing its activities are protected under several provisions of the 1998 Digital Millennium Copyright Act."

"But perhaps more damaging for Napster was Judge Patel's suggestion that it might have failed to satisfy a technicality that made it eligible for protection under the act."

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