Out-Law / Your Daily Need-To-Know

Internet song-swapping service Napster is due to appear before a San Fransisco court today to argue against the Recording Industry Association of America (RIAA) that it is not infringing copyright laws.

The company is hoping that the court will overturn a previous ruling that ordered the company to stop making music available for downloading from its members’ hard drives without the permission of the copyright owners.

Napster argues that it is legal for people to swap MP3 music files on-line, as long as they do not do so for profit. It bases its argument on a law that was written without computers and the internet in mind, the Audio Home Recording Act 1992. The RIAA is hoping to shut down the Napster service.

A written opinion is expected from the panel of three judges in the next few weeks. Whatever the decision, the case is expected to be appealed to the US Supreme Court.

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