Abstract :
The case of the CD music publishing industry against Napster (A&M Records, Inc v Napster, Inc, ND Calif) has now been argued before the US Court of Appeals in San Francisco and awaits decision. In a curious reversal of customary judicial procedure, the district court has now issued its opinion (“sentence first, verdict afterward”) explaining why it previously decided to order Napster to shut down operations. However, the court of appeals stayed that order in late July just hours before the order was scheduled to go into effect. Although the formal opinion is in the nature of assault and battery upon a dead horse, the opinion is nonetheless informative because it explains why the district court thought Napster´s system shouldn´t be permitted to operate
