Napster rolls out Betamax defense...

Napster's 'Safe Harbor' Sinks



The recording industry continues its roll of legal victories, as a federal judge on Friday rejected Napster's request for a summary judgment which would have dismissed a lawsuit filed by the Recording Industry Association of America.



This was really a tune up for the main event," said Broussard. "The main event is going to be when Napster rolls out the Betamax defense, which will be very interesting."



Legal experts point to the 1983 case between Universal
City Studios, which sued Sony over the creation and sale
of the Betamax VCR. The judge in that case ruled that the
sale of copying equipment isn't illegal if there are other
non-infringing uses for the technology, which is why copy
machines, cassette tape recorders, and computers are
legal, said Broussard.