Archive of UserLand's first discussion group, started October 5, 1998.

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About HTTP and Napster.

Author:	William Crim
Posted:	8/8/2000; 11:41:10 AM
Topic:	About HTTP and Napster.
Msg #:	19572
Prev/Next:	19571 / 19573

One of Napster's defenses is using the Sony case about Betamax.

If you read the judge's reasoning for the initial decision to impose the restrictions on Napster, she said that in Sony they had to prove that there were substantial non-infringing uses.

With a proprietary napster protocol, that is up for grabs. With HTTP, the substantial non-infringing uses are obvious to even the non-technical.

It is silly, but thems the breaks. The judge really has her hands tied. All of Napster's defenses are affirmative, so the burden of proof is on them, and they just aren't meeting it.

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