"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
"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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