A & M Records, Inc. v. Napster Inc.
From Internet Law Treatise
A & M Records, Inc. v. Napster Inc., 239 F.3d 1004 (9th Cir. 2001)
The court examined whether the DMCA protects Napster. The Ninth Circuit held that it need not, at this juncture, adopt a blanket conclusion that the DMCA could never protect secondary infringers. The court noted that while this was an issue more suitable for trial upon further development of the facts, plaintiffs had raised sufficient questions to tip the balance of hardships in their favor for purposes of deciding preliminary relief. The court stated that the issues included: (1) whether Napster is an Internet service provider, (2) whether copyright owners must give a service provider “official” notice of infringing activity for it to have knowledge of the activity and (3) whether Napster had complied with Section 512(i) of the DMCA, which requires a service provider to establish a detailed compliance policy.
Chapter 3 - Copyright
General
· Rights Acquisition
· Infringement Issues
· Digital Millennium Copyright Act (DMCA)
· Non-Preemptable Common Law Claims
