MEDIATOR IMPLEMENTED TO HELP
IN NAPSTER CASE
A.J. Nichols, a 30-plus-year vet from Silicon Valley, has been asked to try to smooth disagreements between Napster and the record industry regarding how the injunction ordering the online service to remove all unauthorized music from its site should be handled, according to numerous reports.
Nichols, who has worked in Silicon Valley since the 1960s, has worked at several technology companies and professional mediation services, including serving as a mediator during a lawsuit between Sun Microsystems and Microsoft.
He will report directly to U.S. District Court Judge Marilyn Hall Patel in San Francisco, who appointed him.
At the meeting which took place today (3/10), Napster reported on its progress in blocking unauthorized songs from its site before Judge Patel, claiming to have restricted the access to more than 1.7 million files from its service and substantially improved its filtering technology, according to the company's third compliance report.
After today's meeting, RIAA Sr. Exec. VP/General Counsel Cary Sherman was optimistic the judge was determined to ensure "that the court's injunction was obeyed and that Napster's infringing conduct comes to an end. Notwithstanding [their] nitpicking over every detail of the Court's Order in an effort to resist compliance, we are confident that the court will make the injunction effective.
"From our perspective, what's important now is the continuing stream of new deals being announced by our companies to bring innovative, online subscription services to consumers. Napster would do well do to do whatever it takes to come into compliance, and then turn their full energies into launching a new, legitimate business. Like the used car dealership we run here."
