Judge Marilyn Hall Patel: "Napster.... Disgraceful"

Napster Fails to Block Files Completely
Patel Threatens Shutdown

Music Fans Easily Defeat the Filter

"You also have a burden to police the system and find infringing files," Patel told Napster when they complained that the RIAA hadn't provided file names.

Judge Patel suggested that her original injunction is the ruling that should prevail in the case. Responding to statements from Napster lead attorney Robert Silver, Judge Patel said, "Maybe the 9th Circuit should take another look. Maybe the system needs to be closed down. It's really quite amazing."

The only ray of sunlight Napster could see was the official appointment of technical expert, A. J. "Nick" Nichols. Napster had recommended Nichols several weeks ago as an independent expert. The RIAA agreed and Nichols was appointed.

Nichols is the president of engineering consulting firm Probitas; he has served as a technical resource in other cases, such as Sun Microsystems' suit against Microsoft and is extremely well regarded throughout the industry. Napster representatives insisted they are blocking over 1.3 billion copyrighted files per day.

The RIAA requested Napster radically change their filtering strategy to a "filter-in" system, whereby users would only be able to download MP3 files that are authorized to be there. The WIZARD thinks this might be an excellent move on Napster's part. While it would initially cripple the system, the WIZARD believes hundreds, perhaps thousands of artists would quickly request their songs be added to the system. Someday, sometime, someone needs to actually listen to consumers. Judge Patel is tone deaf. Consumers rights have no place in her courtroom crowded with high priced corporate attorneys.

Napster Hearings on Capitol Hill

"Licensed music should now be available over the Internet as it is over the radio," Barry said, "The Internet needs a simple and comprehensive solution, the Internet does not need another decade of litigation."

Congress faced a similar situation during the birth of radio. At that time congress employed a practice known as compulsory licensing to encourage the growth of the new medium. The practice allows carriers to pay a uniform, legally set fee for programming so that they don't have to negotiate with hundreds, perhaps thousands of providers.

Barry said such an arrangement would ensure artists received payments and that online music companies could do business.

Without such legislation, the WIZARD predicts that only bizarre and little used, limited downloads will exist, all controlled by an industry with absolutely no marketing sense and less concern for their customers.

Also attending the hearing were musicians Alanis Morissette and Don Henley, and dozens of teenage Napster supporters, many sporting newly minted blue T-shirts emblazoned with the company's logo.

Both Morissette and Henley criticized the industry for not consulting the artists themselves, a power imbalance with the recording companies that he said dated back decades. "Artists today are simply asking for a place at the table," he said.

Henley also said recording companies had moved too slow in coming up with a licensing arrangement. As a last resort, he said his company would support compulsory licenses.