A three-judge panel of the Ninth Circuit Court of Appeals today issued a 58-page opinion in which it held that the popular peer-to-peer song-swapping service Napster must stop enabling users to access copyrighted material served by Napster users. The Appeals Court action follows an injunction against Napster originally issued 26-Jul-00 by Judge Marylin Patel, which barred Napster from "causing, assisting, facilitating, copying, or otherwise distributing all copyrighted songs or musical compositions." Two judges on the Appeals Court issued a temporary stay against that injunction almost immediately, pending arguments from both Napster and the Recording Industry Association of America (RIAA), who is suing Napster for promoting piracy and copyright infringement. (See "Judge Presses Napster's Buttons" in TidBITS 541.) The Appeals Court decision permits Napster to remain operating until Judge Patel modifies her original "overbroad" injunction. However, the decision also requires Napster to prevent users from accessing content that would violate copyright and rules Napster had both actual and constructive knowledge of direct copyright infringement. Napster could be held liable for failing to monitor its system for copyright violations, as well as for contributory copyright infringement. Napster is expected to appeal the decision to the full Appeals Court, or even to the U.S. Supreme Court; the full text of the decision is available from FindLaw.com.
Open Files with Finder's App Switcher
Say you're in the Finder looking at a file and you want to open it with an application that's already running but which doesn't own that particular document. How? Switch to that app and choose File > Open? Too many steps. Choose Open With from the file's contextual menu? Takes too long, and the app might not be listed. Drag the file to the Dock and drop it onto the app's icon? The icon might be hard to find; worse, you might miss.
In Leopard there's a new solution: use the Command-Tab switcher. Yes, the Command-Tab switcher accepts drag-and-drop! The gesture required is a bit tricky. Start dragging the file in the Finder: move the file, but don't let up on the mouse button. With your other hand, press Command-Tab to summon the switcher, and don't let up on the Command key. Drag the file onto the application's icon in the switcher and let go of the mouse. (Now you can let go of the Command key too.) Extra tip: If you switch to the app beforehand, its icon in the Command-Tab switcher will be easy to find; it will be first (or second).
- Napster Injunction Handed Down (12 Mar 01)