Napster judge getting frustrated...

The federal judge who is in charge of the Napster case appealed for help in stopping the exchange of copyrighted songs. For now all users can continue the swapping of files. Record labels want the copyrighted songs offline...

But removing the songs has proved exceptionally difficult, since Napster users constantly make them reappear under different file names. Napster has said it cannot keep up with every variation.

On Friday, Patel said that unless an appeals court clarifies its ruling in the case, she cannot force Napster to identify and remove all those files.

In other words, for now, it remains the record labels' burden to identify infringing songs on Napster's ever-changing index of file names.

Patel now invited the RIAA to "seek clarification in the court of appeals."

Also napster and RIAA have a different view on the removal of all copyrighted works.

Napster's interpretation: It has to screen out songs only after the RIAA identifies the specific infringing files, along with proof of copyright.

For example, thousands of Beatles songs are still being traded under the name Fab Four. Napster says that unless the record labels can prove that these are really Beatles songs, it is not obligated to remove them.

The recording industry argues that it need only provide the artist and song name, not the thousands of files on Napster's indexes.

Well I think napster is right! And now even the judge doens't know it anymore, but agrees with napster for now

Source: Wired

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