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19 Comm. Law. 1 (2001-2002)

handle is hein.journals/comlaw19 and id is 1 raw text is: ( Rock 'n Roll Is Here to Stay: Napster and Online Music Distribution JAMES M. BURGER On February 12, 2001, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued its long-awaited opinion in the Napster case.1 Three weeks later, Judge Marilyn Hall Patel of James M. Burger (jburger@dlalaw.com) is a member in the Washington, D.C. office of Dow, Lohnes & Albertson. The views expressed are those of the author and do not necessarily represent those of his firm or clients, the federal district court of Northern California issued a preliminary injunc- tion in accordance with the Ninth Cir- cuit's mandate requiring the record la- bels to identify their copyrighted music and requiring Napster to block access to it.2 Absent a last-minute stay from the Ninth Circuit,3 it appears these decisions spell the end of the Napster service that some sixty-two million subscribers have come to know and love. Napster is significant on several lev- els. First, how did technology, the mu- sic market, and copyright law develop to set the stage for Napster? Second, why did Napster suffer such a stunning defeat before the Ninth Circuit? Finally, what does this mean for the future of online music distribution? Background: I Hear a Symphony One of the fundamental rights of copy- right owners is the ability to control the Continued on page 32 Napster & Online Music Distribution ......................... 1 Chair's Column ................................................................. 2 Gagging Trial Participants .......................................... 3 Personal Attack & Political Editorial Rules ............... 7 Database Protection and Hot News ...................... 15 Sports Credentialing and Press Coverage ................ 21 The Yahoo Case ........................................................ 27 Bibliography ........................................................... 39 Circuit Court Case Notes: Violence in the Media ........ 41 Courtside ................................................................. 43 I IN THIS ISSUE ww ~ ~ ~ ~ ~ ~ ~ ~ ill • • . , w • ,m1 ,•w 1 , m , Communilcatilons Publication of the Forum on Communications Law American Bar Association Volume 19, Number 1, Spring 2001 e r C L on Comi cain a, e !J LA * BII