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Kenneth Lee
005642687
Winter, 2008 BLAW 320, 10197

A&M RECORDS, Inc. V. Napster, Inc.
United States Court of Appeals, 2001
239 F. 3d 1004
57 U.S.P.Q.2d 1729
2001 U.S. App. LEXIS 5446

FACTS: Napster, Inc. (defendant) is an online internet service that makes possible the transmission and retention of audio files amongst its users. Through a process which is known as “peer-to-peer file sharing”, Napster subscribers are able to: make MP3 music files, store them on their individual computer hard drives, and make them available for copying by other Napster users; search for other MP3 music files stored on other user’s computers; and transfer downloaded copies of users’ MP3 files from one computer to another via the internet. All of these functions are made possible by Napster’s MusicShare software, which is available for free from Napster’s internet website (www.napster.com). Napster also offers its users support for indexing and searching MP3 files, as well as other functions, such as its chat room, where users can meet and converse about music; and its directory, where artists can provide information about any new and upcoming music or events.
A&M Records, Inc. (Plaintiff) is involved the commercial recording business in which it distributes and sells copyrighted musical works and other sound recordings by artists. In July of 2000, A&M Records, Inc. and other associated companies and music publishers took copyright infringement action against Napster, Inc. claiming that Napster, Inc. was a “contributory and vicarious copyright infringer”. A&M Records, Inc. claims that by trading and/or downloading digital music files, Napster users are openly engaging in the reproduction and distribution of copyrighted works.
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