[rumori] pho: I: Statements from Napster's Hank Barry and Shawn Fanning

From: Don Joyce (djATwebbnet.com)
Date: Tue Feb 13 2001 - 02:37:47 PST

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>Date: Mon, 12 Feb 2001 15:27:17 -0800 (PST)
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>Subject: pho: I: Statements from Napster's Hank Barry and Shawn Fanning
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>Statements from Napster's Hank Barry and Shawn Fanning
>The company's CEO and co-founder respond to the federal appeals court ruling.
>Monday, February 12 03:25 P.M.
>Napster Response to Ninth Circuit Court of Appeals Ruling on the U.S. District
>Court Injunction in A&M Inc. v. Napster
>Statement of Napster CEO Hank Barry:
>We are disappointed in today's ruling. Under this decision Napster could be
>shut down -- even before a trial on the merits. The Court today ruled on the
>basis of what it recognized was an incomplete record before it. We look
>to getting more facts into the record. While we respect the Court's decision,
>we believe, contrary to the Court's ruling today, that Napster users are not
>copyright infringers and we will pursue every legal avenue to keep Napster
>In the meantime, we intend to continue our discussions with the record
>companies. We have been saying all along that we seek an industry-supported
>solution that makes payments to artists, songwriters and other rightsholders
>while preserving the Napster file sharing community experience. On October 31,
>we announced an alliance with Bertelsmann around a business model for a
>membership-based service that does just that.
>Since that time, we have successfully reached agreements with two important
>independent distributors, Edel in Germany and TVT in the U.S. In fact, TVT
>dropped their lawsuit against Napster last month. And we have been engaged in
>serious negotiations with several major record labels. These efforts will
>The Napster community is about the love of music. Napster community members
>love music and purchase far more CDs than most people. They share files
>with no
>expectation of gain. We have again and again stated that we intend to make
>payments to artists, songwriters and other rightsholders. Yet the largest and
>most successful media companies in the world have taken aim at our more
>than 50
>million users, and today they have landed a blow. We will respond and deal
>this situation in the courts.
>The Court also very narrowly interpreted the Congress's intent when it
>comes to
>licensing, and we have seen that this is an issue of concern to the Congress.
>We encourage members of our community to contact their representatives to let
>Congress know how much Napster means to them. Meanwhile, we will get back to
>work in finding the best way to harness these great new technologies to
>listeners and artists alike. Finally, even if Napster file sharing is shut
>while our trial is pending, we will do whatever we can to work within the
>limits of the injunction to continue to provide more than 50 million Napster
>community members access to music.
>Statement of Napster co-founder Shawn Fanning:
>I'd like to add a word or two about the future of Napster. As many of you
>we've been developing a Napster service that offers additional benefits to
>members of the community and, importantly, makes payments to artists. I'm
>focused on building this better service and I still hope to have it in place
>this year. The new technologies we are developing are amazing; I hope that, by
>further court review or by agreement with the record companies, we can find a
>way to share them with the community.
>I would also like to thank everyone for being so supportive. Napster works
>because people who love music share and participate. Along the way, many
>said it would never work. We've heard that we couldn't survive before -- when
>we had 700,000 members, and when we had 17,000,000 members. Today we have more
>than 50,000,000 members, and we'll all find a way to keep this community
>growing. If we work together and let members of Congress know how important
>Napster is to us, we'll succeed. Thanks.
>Copyright 2001 Powerful Media Inc.
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