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Napster Finally Gets a Break
jark writes "Wired News is reporting that 9th District Court Judge Marilyn Hall Patel ruled that the five major record labels must prove they own thousands of music copyrights as well as prove those copyrights were not used to monopolize and stifle the distribution of digital music. " Definitely a twist
in this ongoing saga.
Getting a break? With napsters great new features like .nap files, limited downloads, charging for the service, no guarantee that you can find the music you want, *and* they tell me they're cooler than other so called "free" services .. how can they lose??
So they're really more of an "I didn't do my research and bought a product that is intentionally crippled" tax.
One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
Maybe Steve Jobs gave her an iPod for Christmas?
Judge Patel, a jurist who has most decidedly taken the side of the plaintiffs in the Napster case, wants to make her decision airtight. There's no way that Napster will be able to appeal the decision to the Supreme Court if she allows the defendants to explore every possible line of defense before they lose the case.
I will join the long line of scholars, lawyers, and laymen who rightfully criticized the Napster opinions, not for their politics, but for their inartful application of an incompetently-drafted law. Judge Patel's previous opinions have been nothing for her (or, more likely, her law clerks) to be proud of.
That being said, hearing such conspiracy-theories that a life-appointed judge is somehow "in the pocket" as opposed to just plain incompetent advanced by some, including those who claim to be law students, is nothing short of irresponsible.
Not to mention incorrect. As some, including Mr. Fair Use Guy, have wrongly suggested, Patel seeks to insulate her opinions from Supreme Court appeal.
One who claims to be a law student should know that Patel's decisions are appealed first to the Ninth Circuit, and then to the Supreme Court. And while the three-ring-circus-like Ninth Circuit is wholly unpredictable, capable of disputing ruling such as whether the sky is blue, the Supreme Court would not touch the over-litigated quagmire that is Napster with a ten-foot whatever - it not federalism, there's no circuit split, and there's not a damn interesting issue to be found in ten billion pages of pleadings.
It will be a cold day in hell before the Supreme Court agrees to hear any of the Napster decisions. Jerry Falwell will smoke crack before the Court hears Napster. John Katz will write a useful article before the Court hears Napster. Microsoft will release WinXP on a GPL, disco will return, and someone will actually mod up one of my postings before the Supreme Court hears Napster.
The Ninth Circuit is the end of line - and Patel can't do a damn thing to stop the Ninth Circuit from reviewing her - as they've proven themselves willing to review damn near everything. So ditch the conspiracy-theory crap, and recognize bad law when you see it.
I commend unto you Hanlon's Razor: "Never attribute to malice that which can be adequately explained by stupidity."
It may be cold, but at least it's clear.
"Well, we'll need proof you won't stifle the distribution of digital music." "Of course! Will these sacks of money suffice?" $$$
Heh heh. Although the likelihood of my being able to sell tickets for people to watch me hack on the kernel is pretty low...
If it ain't broke, you need more software.
I didn't actually say she was a willing pawn for the RIAA. Heck, Jack Valenti could have pictures of her going down on a small-dicked, living in parent's basement, toothpaste-fetish scat masturbating little wannabe weblog lawyer like yourself. Maybe.
But I wouldn't want to libel you, so I won't come out and say that the best part of you rolled down the crack of your momma's ass and ended up as a stain on the mattress*, becuase then I'd be quaking in my penny loafers waiting for the subpoena to come from Mister High Powered Slashdot Anonymous Coward, JD (Slashdot), MBA (Cryptonomicon). So I'll be careful. Ha.
* with apologies to Stanley Kubrick
One CPU cycle wasted on digital restrictions management is ONE TOO MANY.