by Richard Menta 7/28/00
The brief order, said it all. The 9th U.S. Circuit Court of Appeals ruled that Napster "raised substantial questions (on) both the merits and the form of the injunction". The company that many were giving up for dead just hours ago had earned a reprieve.
Yes Virginia, Napster will still work for you tomorrow morning when you wake up and boot your computer.
The decision allows Napster to remain in operation while it waits for its case to come to trial. The earlier ruling by judge Patel to shut Napster down caused a firestorm in the Net community and was seen as a big win for big music. Now, the company will get to stay alive a little longer, at least until it makes its case to the court.
Napster has until August 18th to file its brief with the court. The Record Industry Association of America (RIAA) is due to file a brief of its own by Sept. 8. Napster's request for an expedited appeal was also granted by the court.
We will have more details as they surface. As for those of you on the east coast who planned an all-night Napster marathon (the ruling was to take effect midnight pacific time, 3am in the east) you can lie back and relax...for a few more months.