U.S. District Judge Marilyn Hall Patel Issues Blistering Attack
The RIAA Empire Strikes Back
Will Napster Fall to the Power of the Dark Side?
UPDATED July 28, 2000, 8:30 am
ORIGINALLY FILED July 27, 2000
With the accuracy, force and deadly effect of Darth Maul in Star Wars Episode One, U.S. District Judge Marilyn Hall Patel struck down the Internet's Jedi Knight, Napster. And individual consumers everywhere were looking a lot like Jar Jar Binks as Darth Patel ordered Napster to stop allowing its 20 million users to swap copyrighted songs by Midnight Pacific Time, Friday, July 28, 2000.
Meanwhile, Napster fans deluged the service with millions of "last minute" file downloads. Some large users, including some at major corporations, have gone into full time 24 hour "download" mode prior to the midnight deadline. Many fans report long download times and difficulty connecting to the service.
A statement on the mail page of the Napster Web Site this morning encourages Napster fans:
"As you have probably heard, the RIAA won a court battle this week that may keep you from using Napster to share music files as of Friday at midnight Pacific time. Please keep using Napster between now and then."
"We're getting a lot of questions about what people can do to help. Here are three things you can do right away."
"1. Write the heads of the major record companies and tell them you are their best customers - loyal and active music fans -- and that you don't want them to kill Napster. Here's a link to their emails."
"2. Show the companies your power. We're calling for a two-day "buy-cott" this weekend. Support the artists who support Napster by going out and buying their CDs. Click here for a list. Be sure to let the record store know you came from Napster."
"3. Keep coming back. We'll keep you informed as time goes on…."
When issuing a preliminary injunction sought by the Recording Industry Association of America (RIAA) and many of the world's largest record companies, Judge Patel shot down every line of defense the fledgling company raised and rebuked Napster in extremely harsh language.
Napster "created this monster," she said. "Now these are the consequences they face."
Napster has until midnight Friday to block the transmission of thousands of copyrighted songs owned by Sony, Warner Music and the other major record labels that were plaintiffs in the case.
Napster Creator Shawn Fanning and Napster CEO Hank Berry have placed a video statement on-line that says in part that the company will continue to "fight for your right to share music." The recording industry is trying to "shut you down," they said.
the WIZARD feels that it's absolutely amazing that the rights of 20 million individual users were completely and utterly ignored by Judge Patel. The music Industry's huge financial clout won this battle, as it has every other one it has waged to date.
Many media pundants and music fans on newsgroups and chat rooms world wide issued statements indicating that this was a minor setback, and that fans would simply use alternate trading methodology. the WIZARD thinks everyone is greatly underestimating the will, the power and the pure financial clout of the Music and Movie Industry. Look for massive, nearly insane, contributions to political candidates this November. Look for hundreds more lawsuits to be filed. The "Creative Control Industry" has tasted blood. They will not be stopped, except by a a massive individual user uprising.
Alas, the WIZARD doesn't believe that individual users are up to the task.
A dour and defeated David Boies, Napster attorney, did not look much like Obi Wan Kenobi as he retreated from the battle. Boies told reporters that the online music company hopes for a stay of the injunction and intends to appeal the decision to the U.S. 9th Circuit Court of Appeals immediately.
In contrast, attorney Russell Frackman of the Recording Industry Assn. of America seems to have all the power of the Emperor as he
grinned broadly throughout Darth Patel's reading of her ruling. And later the RIAA attorneys seemed gleeful, chuckling and cracking jokes with reporters and TV camera crews.
"This has been a very, very good day," said Cary Sherman, general counsel for the RIAA.
The force does not seem to be with Napster. The ruling was a devastating setback, and the company may not be able to comply without shutting down altogether. Napster officials testified during the hearing that there was no practical way for Napster to separate legitimate use of its service from infringing uses.
The RIAA will use their mounting list of Legal victories as a foundation to build a "Death Star" capable of destroying all opponents. Individual users may be able to slip through their radar for a while, but the RIAA will attempt to cut off all sources of re-supply.
The attack will move swiftly to other services, such as Open Nap, Gnutella and FreeNet, which also enable computer users to swap songs or almost any other content that can be expressed digitally. Since these services are not operated by a single company but are instead networks of thousands of users, look for the RIAA to renew its assault on the ISP's and other obvious providers. the WIZARD predicts that AOL itself will take action over the next few months.
The WIZARD believes the real issue here is not about Napster, the company. It is the principles that are under attack. This is a severe limit on individual freedom and the rights of individuals to develop and use technology.
The RIAA does not want the individual to have any control or rights over purchased creative materials. Book, movies, music, or any yet to be invented medium. No copies, just pay per view, pay per listen, pay per read. But it's not just about money, it's about control.
Last week the Motion Picture Assn. of America and the RIAA filed a similar suit against Scour Inc., a Beverly Hills-based multimedia firm backed by former super-agent Michael Ovitz. Dozens of additional suits are planned
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