LYCOS RETRIEVER 
Napster: Users
built 651 days ago
Napster's service will continue in operation, and Napster will continue its positive "Buycott", urging its users to buy the CDs of artists who have come out in support of the music community. Click here for a list [ss: see below for list].
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Napster is currently only available to Windows 2000 and XP users. With the addition of certain software, Napster may be able to be run on Macintosh computers, but this solution is not supported by Napster.
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On July 26, 2000, the district court issued an opinion and order granting a preliminary injunction against Napster. The district court concluded, inter alia, that Napster's users are engaged in extensive copyright infringement and that Napster is contributorily and vicariously liable for their actions. The district court dismissed Section 1008 as "irrelevant to the instant action" because the plaintiffs were not seeking relief under the AHRA. ER 04266 (Opinion p. 42 n.19).
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The thing about napster is abundance. You have an abundance of users and an abundence of music. If you are looking for music that has been released, then you can find it on napster. If you find a copy that you don't like, then you look for something that you do like. This is a bit of a hassle for some people, but with higher band widths being more popular, it will not be much of a problem soon. If you find some rare crap that is not the quality that you want, deal with it… that's why it's rare.
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The district court stated that “defendant bears the burden of proving . . . affirmative defenses.” Napster, 114 F. Supp. 2d at 912. Plaintiffs assert that the district court did not err in placing the burden on Napster. We conclude that even if plaintiffs bear the burden of establishing that they would likely prevail against Napster’s affirmative defenses at the preliminary injunction stage, the record supports the district court’s conclusion that Napster users do not engage in fair use of the copyrighted materials.
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As the foregoing discussion shows, the language of Section 1008 cannot be read to encompass the activities of Napster's users. But even if Section 1008 did apply to Napster's users, it would not provide Napster itself with a defense to liability for contributory or vicarious infringement. That is because the terms of Section 1008 address only whether consumers can be sued for infringement; nothing in Section 1008 addresses or changes whether they are engaged in infringement.
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