Time for MP3.com to pay the piper

By Steven Musil; CNET News.com

A federal judge ruled MP3.com willfully infringed the copyrights of Seagram's 
Universal Music Group, opening the company to enormous potential damages in one of the 
first trials to address the legal boundaries of Internet music distribution.

The presiding judge said the online music company must pay $25,000 per violation 
stemming from its My.MP3.com "music locker" service.

MP3.com estimated during the trial that 4,700 CDs covered by Universal's copyrights 
were stored on its database, possibly exposing the company to damages of $118 million. 
However, the actual number of CDs that were copied--and therefore the amount of 
damages--has not been determined.

The company's chief executive, Michael Robertson, said the My.MP3.com service will be 
turned on sometime in the next few weeks, giving members access to music stored on the 
company's computers in San Diego. To access their music over the Internet, members 
must first prove they paid for a recording by briefly inserting the CD into a 
computer's CD-ROM drive.

Song-swapping company Napster, embroiled in a landmark copyright lawsuit with the 
recording industry, tried to distance itself from a federal judge's strong ruling 
against MP3.com.

"We believe (the judge's) decision on the MP3.com case is both factually and legally 
distinct from the Napster case," a Napster lawyer said.

But that hasn't eased Napster's legal turmoil. The attorney representing Metallica and 
rap star Dr. Dre in their lawsuits against Napster is sending a barrage of letters to 
top universities, pushing them to block students from using the popular file-swapping 
software. The letters don't explicitly threaten a lawsuit against the universities. 
But they do include a copy of the groups' lawsuit against Napster, which contains a 
generic placeholder for adding new universities into the legal crosshairs.

A pseudonymous hacker has launched a Web graffiti spree, defacing Web sites ranging 
from NASA to the Communications Workers of America with a pro-Napster message. The 
hacker, who goes by the name "Pimpshiz," claimed 50 victim sites in a posting that 
included a screen lambasting the recording industry for its lawsuit against Napster.

Microsoft is boosting music offerings on its Microsoft Network with the acquisition of 
MongoMusic, a site with advanced music-searching capabilities. The software giant will 
spend about $65 million in an all-stock transaction for the start-up and its search 
technology.

With song-swapping companies Napster, MP3.com and Scour mired in copyright lawsuits, 
file-sharing entrepreneurs may start singing the blues when it comes to landing 
venture capital funding. The outcomes could unleash a flood of VC money--or slow it to 
a trickle. Many experts are bracing for judges to rule against the file-swapping 
companies, causing venture funding to dry up for other players in the risky niche.



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