LinuxGuru.com: Fight the Power! Thoughts on the Napster Trial.Jul 28, 2000, 20:55 (4 Talkback[s])
(Other stories by Jim Ray)
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"On Wednesday Judge Marylin Patel ordered that Napster be shut down by midnight PDT on Friday. Undoubtedly this judge must not be following the legal proceedings from the DeCSS case that is in progress on the other side of the country. In the DeCSS case Judge Kaplan has stated that "courts have said for 300 years, at least that courts of equity ought not to use the equitable power of injunction to try to accomplish the impossible or to perform something which is entirely futile, and therefore, in the exercise of discretion given the broad prevalence of this particular utility the court declines to issue the injunction because it would do no practical good. I guess 20 million installed copies of Napster software do not qualify as having "broad prevalence". And if not what does, Judge Patel?"
"Recently I purchased a copy of the latest Phish album, even after having found the songs on Napster (before I could even find the CD in stores). Now was what I did stealing? In a broad sense, yes. But I would have bought the Phish CD anyway. Not because I really wanted to part with that $16 but because I give a damn if Phish continues to make good music."
"Some would have us believe that by using Napster we are depriving the artists of their right to make money off of their material. In reality, the record companies are afraid we will deprive them of the ability to make money off of the artists. ... The RIAA would have the public believe they care about the musicians and that they are protecting the interest of the artists, and not their own, in this lawsuit. However, as Courtney Love recently elaborated in a Salon.com speech transcript... she described the raping that record companies routinely inflict on musicians. And they want to take the morally high ground?"
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