.

Napster's Next to Last Stand

Napster appeals its appeal

February 27, 2001 12:00 AM ET

Keeping good on its promise to fight the injunction the Ninth Circuit Court upheld against them on February 12th, Napster has filed a petition for rehearing of the decision that could shut the file-sharing software company down. If the court decides to rehear the case, eleven judges, including Chief Justice Mary Schroeder, who was part of the February 12th decision, would hear new arguments and decide whether additional written briefs would be necessary to make a ruling.

Napster's appeal rests largely on the shoulders of First Amendment rights as well as copyright laws. The company charges that the injunction is overly broad and limits authorized use of copyrighted material therefore violating "the First Amendment's requirement that restrictions on speech be narrowly tailored." Napster is also arguing that the court injunction conflicts with the Digital Millennium Copyright Act and failed to address "safe harbor provisions and limitations on injunctions" set by it.

A denial by the Ninth Circuit Court in San Francisco for a rehearing would leave the Supreme Court as Napster's last stop in the appeals process. According to Napster.com the company has not yet decided whether they would take that legal route.

On March 2nd Judge Marilyn Patel, the District Court justice who ordered the initial injunction against Napster last August, will hold a hearing to retool her injunction, as ordered by the Ninth Circuit Court on February 12th.

To read the new issue of Rolling Stone online, plus the entire RS archive: Click Here

prev
Music Main Next
Daily Newsletter

Get the latest RS news in your inbox.

Sign up to receive the Rolling Stone newsletter and special offers from RS and its
marketing partners.

X

We may use your e-mail address to send you the newsletter and offers that may interest you, on behalf of Rolling Stone and its partners. For more information please read our Privacy Policy.

Song Stories

“Santa Monica”

Everclear | 1996

After his brother and girlfriend both died of drug overdoses, Art Alexakis -- depressed and hooked on drugs himself -- jumped off the Santa Monica Pier in California, determined to die. "It was really stupid," said the Everclear frontman, who would further explore his personal emotional journey in the song "Father of Mine." "I went under the water. Then I said, 'I don't wanna die.'" The song, declaring "Let's swim out past the breakers/and watch the world die," was intended as a manifesto for change, Alexakis said. "Let the world do what it's gonna do and just live on our own."

More Song Stories entries »
 
www.expandtheroom.com