O'Reilly Network    


 Published on The O'Reilly Network (http://www.oreillynet.com/)
 http://www.oreillynet.com/pub/wlg/758

Napster Points the Antitrust Finger at MusicNet

by Steve McCannell
Oct. 11, 2001
URL: http://dailynews.yahoo.com/h/ap/20011010/tc/napster_lawsuit_1.html

In what could be Napster's only escape from the RIAA's lawsuit, Napster brings an antitrust claim to court, citing an anticompetitive structure behind MusicNet.

MusicNet may have gone a little far in it's efforts to control the online music scene, by putting a clause in the contract they have with Napster containing a provision that unfairly gives MusicNet the right to terminate the contract if Napster sought an agreement with other labels or services.

This could be the sliver of hope Napster needed. According to the article, if the recording industry as a whole is found to have misused its copyright material, it might not be able to successfully pursue an infringement claim on those works.

Steve McCannell is a writer/producer for the O'Reilly Network and the founder of Lost Dog Found Music.

oreillynet.com Copyright © 2006 O'Reilly Media, Inc.