Another 'special master' appointed in Napster case

The nearly two-year-old battle between file sharing service Napster Inc. and the recording industry continued on Wednesday, and although the court was expected to rule on a summary judgement, the judge in the case said it would be "premature" to make a judgement. Instead, she asked for another expert to be appointed.

The RIAA on Aug. 7 asked the court for a summary judgment, saying in a court filing that the material facts in the case were "established, undisputed and overwhelming." Napster, the RIAA said, "set out to build, and was enormously successful in building, a business based on intentional and massive infringements of plaintiffs' copyrighted music."

Requests for summary judgements are based on statements and evidence submitted to the court before a case has come to trial. Judgements are granted when the judge determines there is no issue of material fact and the plaintiff is entitled to prevail based solely on the law.

Instead of ruling on the request for summary judgement, U.S. District Court judge Marilyn Hall Patel asked that both parties' attorneys together recommend a "special master" to assess the issues of music copyrights and ownership. Expenses for hiring the special master would be shared by Napster and the recording industry, she said.

However, if it is found that one party has been "hiding the ball" (withholding information that could have clarified the copyright issues) it is likely that party would take the brunt of the expense, she said. The parties were given between a week and ten days to submit to Patel either a recommended expert or a list of potential experts.

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Douglas F. Gray

Show Comments

Cool Tech

Breitling Superocean Heritage Chronographe 44

Learn more >

SanDisk MicroSDXC™ for Nintendo® Switch™

Learn more >

Toys for Boys

Family Friendly

Panasonic 4K UHD Blu-Ray Player and Full HD Recorder with Netflix - UBT1GL-K

Learn more >

Stocking Stuffer

Razer DeathAdder Expert Ergonomic Gaming Mouse

Learn more >

Christmas Gift Guide

Click for more ›

Most Popular Reviews

Latest Articles


PCW Evaluation Team

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?