In re Napster Inc. Copyright Litigation: Defining the Contours of the Copyright Misuse Doctrine

Napster, Inc. ("Napster"), in a ruling that marked its first significant victory in a battle against the major companies in the recording industry, persuaded Chief Judge Marilyn Hall Patel to further consider whether the recording industry plaintiffs misused their copyrights by attempting to control the digital distribution of music.'If ultimately successful, Napster's copyright misuse defense will bar the recording industry plaintiffs from asserting their 2 copyright infringement claims until they cease their illegal activity.Napster's victory is significant for several reasons.First, and practically, Judge Patel's order provides Napster with some breathing room in this litigation that has condemned the company's music fileswapping service 3 and effectively shut down its business for almost t Scott is an attorney in the Palo Alto Office of Wilson Sonsini Goodrich & Rosati, P.C., where he focuses on antitrust and trade regulation matters, with a particular emphasis on antitrust issues facing high-technology companies.This Case Note is intended for scholarly discourse, educational use, and informational purposes only, and presents summaries of particular developments in the law.It is not intended to be an exhaustive discussion.The views expressed herein are the author's current, personal views, and should not be attributed to, and do not necessarily represent the views of, Wilson Sonsini Goodrich & Rosati or any of the Firm's former, present, or future clients.Scott can be reached at SSher@wsgr.com. See In re Napster