Napster refused to take any proactive measures to prevent bitlegging of Metallica's music...
If you can figure out how to do this, you should be working for Napster. Seriously, do you just filter anything with "Metallica" in the title? So now everyone starts pirating "M37ALL1CA" music. You could create a database with every copyrighted song, but apparently the RIAA considers that illegal (they won against my.mp3.com - their main claim was that mp3.com broke the law by building the database, not just by distributing music). And the file transfers don't go through Napster's servers anyway, so you can't tell if the song is copyrighted.
Now Metallica has identified those users who are or are claiming to be offering copies of their copyrighted materiel. If Napster now fails to remove these users who have been identified from their service or prevent them from sharing files, Napster (the company, not the program) should be considered to be supporting the illegal activities of these users, and a lawsuit would be justified.
This is kind of iffy. I don't think Napster should have any responsibility to remove songs, but the DMCA says they do. But 335435 songs? I doubt they verified that EVERY song on the list was actually Metallica music. If they provide the list under penalty of perjury, in a computer readable form, Napster should disable the accounts. They should download the user's files (or random parts of them) before doing this, take a couple of cryptographic hashes, and store those. If the user says they didn't really have Metallica music, they can provide the files, compare the hashes, and prove they weren't pirating music. And Metallica should get in big trouble for falsely accusing them.
Metallica could also provide hashes of the MP3's of their albums that are being passed around. Napster could refuse to process any files matching these hashes. The problem is that ripping and encoding will produce different hashes for each MP3 made. This would stop specific MP3 files, but user's could always rip more to get around that.
I'm not supporting music piracy, but it is EXTREMELY difficult to stop, especially when the music doesn't flow through your servers.
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