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

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Communilcatilons
Publication of the Forum
on Communications Law
American Bar Association
Volume 19, Number 1, Spring 2001  e  r
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