Court Orders Napster to Stay Shut | PCWorld
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`CONSUMER ADVICE
`
`ourt Orders Napster to Stay Shut
`
`Court Orders Napster to Stay ShutAppeals court rejects company's request to overturn shutdown order.Sam
`Costello, IDG News Service
`Napster fans have little to sing about as the service that allowed users to swap music files will remain shuttered
`for the time being.
`
`The U.S. Ninth Circuit Court of Appeals today rejected a motion by Napster to have its court-imposed shutdown
`order overturned.
`
`Napster had no immediate comment on the ruling. In a written statement, the Recording Industry Association of
`America (RIAA), a trade group representing the major record companies, called the ruling a "strong
`endorsement" of its position on file blocking and praised the court's decision.
`
`The Rise and Fall of Free Napster
`In July 2001, Napster closed the doors on its MP3 file-trading network, which at its height claimed as many as
`60 million users, after a barrage of lawsuits from record companies and their trade group, the RIAA. The suits
`led to a court order requiring the shutdown until Napster could stop the trading of copyrighted work.
`
`Prior to its shutdown and as a result of those suits, the company had been engaged in a series of attempts to
`filter copyrighted works from its service and had wrangled in court with the record companies over how the
`RIAA would deliver to Napster information about which files would have to be filtered out.
`
`Monday's ruling came on Napster's appeal of U.S. District Judge Marilyn Hall Patel's order last year to continue
`its file blocking. Napster had argued to the appeals court that Patel's ruling was vague and that the court lacked
`the authority to modify its initial injunction against the company.
`
`The company also argued that the shutdown order was too harsh and that Patel used a technical advisor
`inappropriately in arriving at the ruling. In order to overturn Patel's rulings, the appeals court would have had to
`find that she committed legal errors.
`
`The court denied all of Napster's motions, writing, "the terms of the preliminary injunction are not vague and
`properly reflect the relevant law on vicarious and contributory copyright infringement. The shut down order was
`a proper exercise of the district court's power."
`
`In January, Napster began beta testing a new service, one in which users pay for access and trade copy-
`protected songs. It's unclear, however, how many of Napster's former users would be willing to pay for the
`service.
`
`http://www.pcworld.com/article/91144/article.html[5/23/2013 11:18:18 AM]
`
`Apple Exhibit 4405
`Apple v. SightSound Technologies
`CBM2013-00023
`Page 00001
`
`
`
`
`
` C
`
`CONSUMER ADVICE
`
`ourt Orders Napster to Stay Shut
`
`Court Orders Napster to Stay ShutAppeals court rejects company's request to overturn shutdown order.Sam
`Costello, IDG News Service
`Napster fans have little to sing about as the service that allowed users to swap music files will remain shuttered
`for the time being.
`
`The U.S. Ninth Circuit Court of Appeals today rejected a motion by Napster to have its court-imposed shutdown
`order overturned.
`
`Napster had no immediate comment on the ruling. In a written statement, the Recording Industry Association of
`America (RIAA), a trade group representing the major record companies, called the ruling a "strong
`endorsement" of its position on file blocking and praised the court's decision.
`
`The Rise and Fall of Free Napster
`In July 2001, Napster closed the doors on its MP3 file-trading network, which at its height claimed as many as
`60 million users, after a barrage of lawsuits from record companies and their trade group, the RIAA. The suits
`led to a court order requiring the shutdown until Napster could stop the trading of copyrighted work.
`
`Prior to its shutdown and as a result of those suits, the company had been engaged in a series of attempts to
`filter copyrighted works from its service and had wrangled in court with the record companies over how the
`RIAA would deliver to Napster information about which files would have to be filtered out.
`
`Monday's ruling came on Napster's appeal of U.S. District Judge Marilyn Hall Patel's order last year to continue
`its file blocking. Napster had argued to the appeals court that Patel's ruling was vague and that the court lacked
`the authority to modify its initial injunction against the company.
`
`The company also argued that the shutdown order was too harsh and that Patel used a technical advisor
`inappropriately in arriving at the ruling. In order to overturn Patel's rulings, the appeals court would have had to
`find that she committed legal errors.
`
`The court denied all of Napster's motions, writing, "the terms of the preliminary injunction are not vague and
`properly reflect the relevant law on vicarious and contributory copyright infringement. The shut down order was
`a proper exercise of the district court's power."
`
`In January, Napster began beta testing a new service, one in which users pay for access and trade copy-
`protected songs. It's unclear, however, how many of Napster's former users would be willing to pay for the
`service.
`
`http://www.pcworld.com/article/91144/article.html[5/23/2013 11:18:18 AM]
`
`Apple Exhibit 4405
`Apple v. SightSound Technologies
`CBM2013-00023
`Page 00001
`
`
`
`Court Orders Napster to Stay Shut | PCWorld
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`Court Orders Napster to Stay Shut | PCWorld
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