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Europeans Hail U.S. Napster Decision As Parliament Readies Copyright Law
By Brandon Mitchener Staff Reporter of The Wall Street Journal
BRUSSELS -- Europe's music industry heralded a U.S. court's condemnation of Napster as evidence that lawmakers debating a new copyright law in Strasbourg should do more to prevent digital piracy, but some people warned against overkill.
Philippe Kern, secretary general of the Independent Music Companies Association, which represents second-tier European music companies, said the judgment by a U.S. appeals court showed "the importance of protecting the rights of content providers on the Internet."
Impala called on the European Parliament, which is scheduled to vote on a controversial draft law called the Copyright Directive Wednesday, to acknowledge the importance of the U.S. ruling and "vote for the highest possible level of copyright protection" for music, film and other creative industries that make the product of their labor available over the Internet.
But some companies campaigning for acceptable limits on legal, private copying -- including some music groups -- said the Parliament would go overboard if it banned all copying, including some currently legal practices such as taping a television broadcast in order to watch it later.
"Without Napster we might have had a fair Copyright Directive," said Susanne Klunkert, European affairs manager with the European Association of Consumer Electronics Manufacturers. "With Napster, we risk having an unfair Copyright Directive."
Daniel Vangarde, a French composer and music publisher who works closely with Parisian techno band Daft Punk, said it was important that lawmakers distinguish between legal and illegal copying -- as the U.S. appeals court had done.
"The judgment shows that what Napster did wrong was infringe copyrights," Mr. Vangarde said in a telephone interview from Santa Clara, Calif., where he was discussing a new, digital royalties management project with InterTrust Technologies Corp.
"It's not against the technology," said Mr. Vangarde, referring to the U.S. judgment, "it's against letting people use the technology without asking the permission" of copyright owners.
German media giant Bertelsmann AG, which has joined Napster in an attempt to develop a fee-paying business model, said Tuesday it eventually expects free music exchanges to disappear from the Internet.
Bertelsmann has promised much-needed capital if Napster switches to a subscription-based service that pays artists' royalties. In a statement Monday, Bertelsmann said, "Today's decision is another step in the process of accommodating the legitimate rights of copyright holders and the important interests of Napster users."
"Bertelsmann is committed to implementing a win-win strategy, one that secures and compensates the rights of artists, copyrights holders and the music industry while also enabling Napster to provide music lovers with a first-class file-sharing system."
Write to Brandon Mitchener at brandon.mitchener@wsj.com |