A&M Records, Inc. v. Napster (1999-2001)

Napster is an online music file-sharing software program
- free-ware
- allowed computer users to share their music collections online with others

1999, several music companies filed lawsuit against Napster for copyright infringement under DMCA
argued that Napster users were directly infringing on their copyrights
- and that Napster was liable on several secondary liability theories
- and thus Napster engaged in copyright infringement too
A&M Records, Inc. v. Napster was filed in US District Court in Northern California
Napster argued their defense that their activities fell within DMCA safe harbor provisions

court determined Napster failed to meet all the safe harbor requirements
held that:
- Napster’s users were engaging in activities that infringed on the copyrights of others
- that Napster knew about this
- Napster provided services that its users used to engage in copyright infringement
- Napster profited financially from its users activities
Napster appealed to the Ninth Circuit US Court of Appeals
- upheld courts decision
ordered Napster to monitor the activities of its network and block access to infringing material when notified by copyright owners

Napster shut down in 2001
declared bankruptcy in 2002
sold all assets in 2003
one of the most Famous cases about service provider liability for copyright infringement under DMCA

adam's notes