Downloaded Page #11
Of the road are the same online
as they are offline.
And sends a strong
message to others
That they cannot build a
business based on other's
Copyrighted works
without permission.
Have you heard from metallica?
[Laughs]
I have not. But i"m sure that
they are very pleased
And i'm sure that they and dr.
Dre take great comfort
In the court's decision today.
'Cause until napster gets
its day in court
If this injunction is not
stayed it will obviously
Have a very severe effect on
napster service.
So you will seek a stay?
Then obviously?
I still find it difficult,
certainly a bit shocking
Uh, some things
happened this week
That i was certainly not
expecting to have
To deal with.
Napster fights for survival.
Front page of cnn.
This is horrible.
The ninth circuit issued an order, it
was only like two sentences and it said...
this is a case of
first impression,
It's the first time we've ever
seen a case like this.
And we're gonna stay
the enforcement
'Til such time as we, the
ninth circuit,
Have had a chance to
look at the case.
Lawyers representing napster
And the recording industry
Squared off before a
three judge panel.
At the ninth circuit
court of appeals
In san francisco.
And what the supreme court
was saying is you
Can't take a snapshot and say,
How is it being used today?
What you've gotta ask is what is
what is it capable
Of being used for?
Because otherwise, you're gonna
deprive the public
Of something that can be used
For non-Infringing uses.
They designed it to be a
pirate system.
No, they designed it
for fair use.
Samples?
No, no sir.
Oh they designed it for
concert work.
That the authors really
Don't care about a copyright.
Even though they have it out on
a, on a, on a recording.
That's what they tell us.
- No that isn't...
- I've read their brief
That may be what they tell
you now, your honor,
But they tell you...
anything on mp3 file goes
through the napster system
Or does it go user to user
on a direct basis?
It doesn't go through the
napster system...
you know, their hand,
their fingerprints,
You can't find them on those
things, can you?
The fingerprints you can't find
Because napster
doesn't want you to.
They don't touch 'em. They never
have anything to do with it.
My fellow in new jersey, and
my fellow in guam
Will have a direct connection
On the internet, right?
And that's how the music
is transmitted.
It is transmitted on the
internet and we are not
Trying to stop the internet,
certainly.
half an hour ago,
Here in san francisco. No
ruling from the court
Is expected at lest for
another month,
But after that ruling
does come down,
Many observers believe
that the final word
On napster will
eventually and ultimately
End up coming from the us
supreme court.
I worked on several
presidential campaigns.
And i would say that the
pressure that shawn
And hank had on them
was just as much
As it would be on a
presidential candidate.
With the difference being
That they weren't asking for it.
Either one of them.
[Music]
Ladies and gentlemen, this is
very exciting day
An element of this alliance
is that napster
Today, for napster,
for bertelsmann.
Will develop something like
[inaudible] services.
Middelhoff was a very
genuine guy.
He had great energy and he
really believed in it.
And was trying to do
the right thing.
Took a big risk in getting
involved, especially given
The relationship that
bertelsmen had with bmg.
That being said, it was
incredibly complex deal.
It was a ton of money.
None of them really,
none of them
Did get the conviction or let me
say, did learn that
The business model and
still existing
Business model of the
music industry,
Isn't working anymore.
Yeah, and i think this was
clear in 2000, 2001,
When you saw how people
did use napster.
I think this would have
changed the world
Much more than facebook
is doing today.
Just the fact that this huge
german media conglomerate
Was coming in and gonna be
throwing some money
a few more months.
So i felt okay about that.
I think that that,
That mindset was the
company's mindset.
They were weird, it was
a survival game
At that point. It was just, it,
it seemed wrong.
Everything seemed wrong.
There was a line crossed where
they were no longer
Actually trying to make
a cool product.
We were just trying to survive.
Whatever it was, we were just
trying to find a way
To survive.
We developed a new
business model
For membership based service
Going forward in the future.
And uh, we give money to napster
To develop that model, to
implement it, and then
We're gonna join them
and we all hope,
And we're gonna work
jointly on this,
To make that happen as
soon as possible.
That's why shawn has to get
back to california
To get his cap on and start
decoding again.
Couldn't you preclude a search
under certain song
Names and if you can do that
Doesn't that suggest that
your efforts to stop
The trading of copyrighted
music is disingenuous?
No, because we have not
been able, ever,
To work anything out with
the plaintiffs.
They simply refuse to talk,
refuse to cooperate.
In any effort to solve
this problem.
No, because, because
you're never going to
Come up with a search that's
gonna satisfy them.
[Beeping]
We had an entire row of
computers dedicated to
Temps who just sat there, coming
up with variations
On artists names, that
needed to be blocked
So madonna was one and you know,
So it was basically this
whack the mole game.
Blockage is bad.
Motherfucking alias names
like limp hashbrown,
In suck, flu fighters,
pappa crotch,
Dick see chicks and
crotch box 20.
When the effort went from you
know, trying to make
It a successful service and make
the product better,
To trying to uh, play this
game of whack a mole,
It was kind of you know,
foreshadowing
Of a, what was to come.
Hopefully be able to show
to them that we do
Support napster and we do
believe in a cause.
And that basically, the
music's out there.
I mean they can't erase all
the mp3s that i have
And all the mp3s that tons of
millions and millions of people...
dedicated online music fans
maybe planning to
Spend a hard day's night at
their computers.
Downloading free songs
Through the popular
napster website.
A san francisco federal court
made it clear today
The times they are a changin'
It's been a somber week
For fans of copyright
infringement.
As a federal court judge ordered
Popular file sharing service,
napster,
To remove millions of
songs that are owned
By the major record labels.
Record companies fought
tooth and nail
Over the issue and the
court's agreed.
It's the record companies
who hold the patent
On cheating musicians
out of money.
American intellectual property
Is our nation's
greatest trade asset.
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