Statement from Hilary Rosen on Judge Patel's Decision Ordering Napster to Stay Down

July 12, 2001

“Judge Patel’s decision today that Napster should not resume operations until it can show that it can comply with the court’s modified preliminary injunction was inevitable – given its failure to comply with the court’s order for so long.

“While we appreciate that Napster is attempting to migrate to a legitimate business model, its failure to prevent copyright infringement from occurring on its system has only hampered the development of the marketplace in which it now hopes to compete. It is difficult for the legitimate on-line marketplace to compete with free.

“Clearly the courts agree. In order for that marketplace to flourish, intellectual property must be defended rigorously. Today’s ruling sends a clear signal to all infringers: any attempt to hide illegal activity behind the shield of technological innovation will not be tolerated.”

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