Text of Napster ruling FOR PUBLICATION A&M RECORDS, INC., a corporation; GEFFEN RECORDS, INC., a corporation; INTERSCOPE RECORDS; SONY MUSIC ENTERTAINMENT, INC.; MCA RECORDS, INC.; ATLANTIC RECORDING CORP.; ISLAND RECORDS, INC.; MOTOWN RECORD CO.; CAPITOL RECORDS, INC., Plaintiffs-Appellees, v.NAPSTER, INC., Defendant-Appellant. ___________________________________ JERRY LEIBER, individually and doing business as, JERRY LEIBER MUSIC; MIKE STOLLER and FRANK MUSIC CORP., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v.NAPSTER, INC., Defendant-Appellant. No. 00-16401D.C. No. CV-99-05183-MHPNo. 00-16403D.C. No. CV-00-00074-MHPOPINION Appeal from the United States District Court for the Northern District of California Marilyn Hall Patel, Chief District Judge, Presiding Argued and Submitted October 2, 2000 San Francisco, California Filed February 12, 2001 Before: SCHROEDER, Chief Judge, BEEZER and PAEZ, Circuit Judges. BEEZER, Circuit Judge: Plaintiffs are engaged in the commercial recording, distribution and sale of copyrighted musical compositions and sound recordings. The complaint alleges that Napster, Inc. (“Napster”) is a contributory and vicarious copyright infringer. On July 26, 2000, the district court granted plaintiffs’ motion for a preliminary injunction. The injunction was slightly modified by written opinion on August 10, 2000. A&M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000). The district court preliminarily enjoined Napster… Read full this story
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