Napster Ruling Ignores Basic Principles Of Copyright, Says CEA

Decision Threatens Technological Innovation And Consumers' Fair Use Rights

13-Feb-01

The following statement was issued by Consumer Electronics Association (CEA) President and CEO Gary Shapiro in response the ruling in A&M Records vs. Napster, Inc.:""We are greatly disappointed with this ruling. We believe that the Court of Appeals has ignored basic principles of copyright infringement and fair use established in the U.S. Supreme Court's Sony Betamax decision. ""Technological innovation helps the U.S. economy and consumers. Opponents should carry a heavy burden to show that a new technology is illegal. This ruling, unless overturned upon appeal, could stymie technological development and sets a dangerous precedent for the preservation of fair use rights enjoyed by consumers for more than twenty years.""The Ninth Circuit is the same Circuit that ruled in 1981 that the VCR was illegal before the ruling was overturned by the Supreme Court. If that decision had stood, we would have no VCR or movie rentals - to the detriment of Hollywood and American consumers. We can only wonder if this ruling stands how technology and consumer access will be limited in the future.""This ruling underscores the need for a new approach to intellectual property issues in the digital age. If the content industry has its way, the ëplayí button will become the ëpayí button, widening the digital divide and stalling the revolution in instant, global access to education, information and entertainment.""The court's decision presumes that 50 million Napster users are violating the law. We urge these alleged ëlawbreakersí to contact their congressional representative on this issue.""We look forward to discussing these critical issues at our upcoming conference, 'Digital Download: Public Access To Content In A Digital World' to be held March 6, 2001 in Washington, D.C.""Source: CEA

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