The Napster case is not over. The Electronic Frontier Foundation
reports the latest chapter of the legal battle. The music industry is still pressing its case against Hummer Winblad and Bertelsman for investing in Napster. The defendants claim that the record labels forfeited their copyright claims when they illegally coordinated to monopolize digital music distribution.
The DoJ found no evidence of wrongdoing, but new documents reveal that the labels might indeed have coordinated and shared information, and lied about it to the DoJ.
This is relevant because the penalty for copyright misuse (e.g. using copyright as a tool to validate antitrust) is unenforceability of the copyright in court until the misuse has been purged and its effects no longer exist -, which is tantamount to losing the copyright and releasing the intellectual property on the public domain. Free Madonna downloads coming soon to a computer near you!