Subject: Re: Q: Can you build an authentication system on OS?
From: Dave Turner <>
Date: Tue, 10 Jul 2001 10:41:33 -0400

Bernard Lang wrote:
> On Wed, Aug 05, 2037 at 04:47:28PM -0400, Zimran Ahmed wrote:
> > Napster being viable was not driven by technological or architectural
> > reasons, it was not viable for *business*/*legal* reasons, and even then
> > only because the RIAA did not want to see their distribution monopoly get
> > eroded.
> I strongly disagree ... Napster never did anything illegal.  Their
> repository was nothing but a search engine (as I understand, I never
> used it).  Was was illegal was for some people to publish copyrighted
> work on the net wia the server end of the napster user software.  Now
> the napster user software (a browser server combination) was not
> illegal either (the judge admitted as much, since it can be used
> lawfully). Again, only the user's publishing act was illegal.

Courts determine what is legal, and the courts got this one right - the
precedents were almost all against Napster.  The courts who made the
precedents (Cherry Auction, Hard Rock Café) screwed up - but what they
say is still the law, until congress passes some new laws that don't

Of course, maybe Napster would have had better luck in some other

> what are AOL chances for survival in this context ... what avenues are
> open to them ?   Siding with us ?

You mean AOL/Time-Warner last seen killing off Gnutella?  Forget about

-[Dave Turner                              Stalk me:  (215)-545-2859]
"It's like filing a suit for your own wrongful death because somebody 
coughed next to you and they might have had TB--first of all, you 
ain't dead, second of all, they didn't have it!" - Effugas