|Fall Of Napster
The Fall of Napster
A & M RECORDS, INC.,v. NAPSTER, INC., Defendant(s).
No. C 99-05183 MHP
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
2000 U.S. Dist. LEXIS 6243; 54 U.S.P.Q.2D (BNA) 1746; Copy. L. Rep. (CCH) P28,072
May 5, 2000, Decided
May 5, 2000, Filed
On December 6, 1999, plaintiff record companies filed suit alleging contributory and vicarious federal copyright infringement and related state law violations by defendant Napster, Inc. ("Napster"). Now [*2] before this court is defendant's motion for summary adjudication of the applicability of a safe harbor provision of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. section 512(a), to its business activities. Defendant argues that the entire Napster system falls within the safe harbor and, hence, that plaintiffs may not obtain monetary damages or injunctive relief; except as narrowly specified by subparagraph 512(j)(1)(B). In ...