Well Napster survived court today.... but there's still the threat of getting shut down...
Well there is still hope (and there are alternatives)
Here's the article from CNET
A three-member panel of judges from the 9th U.S. Circuit Court of Appeals in San Francisco stopped short of immediately halting the music swapping, as a lower court had done in July. Calling the earlier decision "overbroad," they sent it back to the district court with instructions for creating a new injunction.
But the judges also warned that Napster could be liable for huge damages, which could lead to sweeping changes in the way it operates its service.
"We affirm the district court's conclusion that plaintiffs have demonstrated a likelihood of success on the merits of the contributory copyright claim," the judges wrote.
Some form of injunction is "not only warranted but required," the court wrote.
That means Napster must halt the trading of specific files it is told to block by record companies. But that could be millions of songs, and it sets the stage for new, sweeping restrictions on what can be traded through the service.
Whether Napster could technically keep up with record-industry request was unclear Monday. When the injunction was initially ordered, the company said it could not comply and would be effectively forced out of business.
"This is a clear victory," said Hilary Rosen, chief executive of the Recording Industry Association of America. "The court of appeals found that the injunction is not only warranted, but required. And it ruled in our favor on every legal issue presented."
EMusic Chairman Robert Kohn said his company alone has already presented Napster with specific information on songs that could leave the swapping service liable for millions, or even hundreds of millions, of dollars in damages.
"They are already on notice for tens of thousands of files from us," Kohn said. "We've been giving them hundreds of notices a day for the last few months."
Napster users reacted with confusion and dismay.
"It looks like a bittersweet ruling for Napster," said Wayne Chang, a Massachusetts high school student who once helped moderate Napster's bulletin boards. "The question that I want to know is whether Napster will be allowed to continue its service."
Well I just hope that they'll make it!
Source: CNET
