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Napster: Supreme Court
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Even as Napster's day in court was approaching, John Fanning was still holding to his belief that its ruling would vindicate Napster. In an internal e-mail the night before the hearing for a preliminary injunction, he boldly predicted that a stay would be granted. ''If the motion is granted, the order will be stayed pending appeal to the Ninth Circuit, where the motion will be decided...and if they rule against us, which I view as a 10% chance, we would be appealing to the Supreme Court, where the future of the world will be hanging in the balance.''
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Napster fought the law, but the law won — big time. The federal appeals court ruling last week, which upheld the majority of a lower courts ruling that Napster violated copyright laws, has broad implications for anyone distributing copyrighted digital content over the Internet.
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Even as court rulings threaten to destroy Napster and MP3.com, Hollywood and publishers are developing software that would let them enforce much broader definitions of copyright, says cyberspace lawyer Lawrence Lessig. Code plus law equals a threat to the development of P2P, and more importantly, an assault on basic public rights.
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