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Archive May 23, 2000

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"RICO statutes are pretty broad... the Copyright Act is violated every second by somebody making one of these downloads through the universities' systems and through Napster, so that is within... the definition of a continuing criminal enterprise and subjects the defendants to RICO liability."
     - Howard King
Attorney to Metallica and a Man on a Quest

Napster Update:

Howard King's MISSION IMPOSSIBLE

"there is no effective way of protecting copyright, except to shut Napster down"    - Howard King

May 23, 2000
Napster Lars Ulrich and Dr. Dre have been the focus of most of the media coverage, fan wrath and parodies on and off the net. But the real power behind the throne is media attorney Howard King, who represents Metallica, Dr, Dre and dozens of other high profile recording artists and media stars.

But as King becomes more and more visible through media appearances and press interviews it is becoming increasingly obvious that Napster and MP3 are his personal crusades and his clients are merely along for the ride. The tragedy is that King, with his ignorant and narrow view of the Internet, is offering up his clients as a sacrifice to his personal gods.

Napster, meanwhile, has attracted some media savvy investors themselves. Blue chip venture capital firm Hummer Winblad has dropped $15 million into the troubled company. Terms of the deal were not disclosed.

Perhaps more important than the money is the appointment of a new CEO, Hummer partner Hank Barry, who has roots in the record industry and could provide the best possible defense against King who is determined to drive the final nails Napster's corporate coffin.

His will be no easy task because King has mistakenly identified Napster as the enemy, not understanding the nearly total change in the dynamics of the music industry.

Last week, King said his clients aren't interested in settling. Both bands have asked Napster to block hundreds of thousands of people who allegedly have traded their copyrighted songs through the service but say they don't expect this tactic to be effective.

"Ultimately this is to show courts that there is no effective way of protecting copyright, except to shut Napster down," King said in an interview last week.

Not that we expect King to listen to the WIZARD, but here is our advice:

    "The best defense is a good offense. Napster is the tip of an iceberg you can't sink. Find a solution to work with Napster to gain royalties from the trading of MP3's. The solution is probably as obvious as radio station air play royalties. You most assuredly can destroy Napster. But that will put you further from a solution and the trading will be driven further underground."

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