Out-Law / Your Daily Need-To-Know

RIAA pleads for Napster decision

09 Aug 2001, 12:00 am

The Recording Institute of America Association (RIAA) has filed a request with US District Court Judge Marilyn Hall Patel asking her to rule that music file-swapping service Napster is liable for copyright infringement and should pay damages accordingly – without going to a full trial.

In July, Napster disabled its file-swapping services following the perceived failure of software filters intended to block copyright infringement. Although an Appeals Court later ruled that the use of acoustic fingerprinting techniques to detect copyrighted materials satisfied the need to take precautions against illegal copying, the service has not been restarted.

The RIAA and other members of the music industry that brought the challenge against Napster allege that Napster is aware that its facilities are used to infringe copyright and hope to receive $100,000 in damages for each work that has been infringed. They have requested a hearing with Judge Patel on 1st October, but no trial date has been set.

Earlier this week, Napster’s new CEO Konrad Hilbers said that the cost of downloading files through its proposed subscription services should be as little as $5 per month.