A&M Records, Inc. v. Napster, Inc.

284 F.3d 1091, 62 U.S.P.Q. 2d (BNA) 1221, 2002 Cal. Daily Op. Serv. 2635, 52 Fed. R. Serv. 3d 5, 2002 Daily Journal DAR 3223, 2002 U.S. App. LEXIS 4752
CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 25, 2002
DocketNos. 01-15998, 01-16308, 01-16003, 01-16011
StatusPublished
Cited by1 cases

This text of 284 F.3d 1091 (A&M Records, Inc. v. Napster, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A&M Records, Inc. v. Napster, Inc., 284 F.3d 1091, 62 U.S.P.Q. 2d (BNA) 1221, 2002 Cal. Daily Op. Serv. 2635, 52 Fed. R. Serv. 3d 5, 2002 Daily Journal DAR 3223, 2002 U.S. App. LEXIS 4752 (9th Cir. 2002).

Opinion

BEEZER, Circuit Judge.

This appeal involves challenges to a modified preliminary injunction entered by the district court on remand from a prior appeal, A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir.2001). At issue is the district court’s order forcing Napster to disable its file transferring service until certain conditions are met to achieve full compliance with the modified preliminary injunction. We entered a temporary stay of the shut down order pending resolution of this appeal. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1). We affirm both the district court’s modified preliminary injunction and shut down order.

I

Plaintiffs’ action against Napster claims contributory and vicarious copyright infringement stemming from Napster’s peer-to-peer music file sharing service.1 In the prior interlocutory appeal, we affirmed the district court’s decision to issue a preliminary injunction and reversed and remanded with instructions to modify the injunction’s scope to reflect the limits of Napster’s potential liability for vicarious and contributory infringement. Napster, 239 F.3d at 1027.

We now consider the district court’s modified preliminary injunction, which obligates Napster to remove any user file from the system’s music index if Napster has reasonable knowledge that the file contains plaintiffs’ copyrighted works. Plaintiffs, in turn, must give Napster notice of specific infringing files. For each work sought to be protected, plaintiffs must provide the name of the performing artist, the title of the work, a certification of ownership, and the name(s) of one or more files that have been available on the Napster [1096]*1096file index containing the protected copyrighted work. Napster then must continually search the index and block all files which contain that particular noticed work. Both parties are required to adopt reasonable measures to identify variations of the file name, or of the spelling of the titles or artists’ names, of plaintiffs’ identified protected works.

The district court carefully monitored Napster’s compliance with the modified preliminary injunction. It required periodic reports from the parties and held several compliance hearings. The district court also appointed a technical advisor to assist in evaluating Napster’s compliance.

Napster was able to prevent sharing of much of plaintiffs’ noticed copyrighted works. Plaintiffs nonetheless were able to present evidence that infringement of noticed works still occurred in violation of the modified preliminary injunction. After three months of monitoring, the district court determined that Napster was not in satisfactory compliance with the modified preliminary injunction. The district court ordered Napster to disable its file transferring service until certain conditions were met and steps were taken to ensure maximum compliance.

The record company plaintiffs and the music producer plaintiffs appeal the modified preliminary injunction, and Napster cross-appeals.2 Napster also appeals the district court’s shut down order.

II

We review de novo the legal premises underlying a preliminary injunction. Does 1-5 v. Chandler, 83 F.3d 1150, 1152 (9th Cir.1996). Otherwise, we review for abuse of discretion the terms of a preliminary injunction. Gorbach v. Reno, 219 F.3d 1087, 1091 (9th Cir.2000) (en banc). “As long as the district court got the law right, it will not be reversed simply because [we] would have arrived at a different result if [we] had applied the law to the facts of the case.” Gregorio T. v. Wilson, 59 F.3d 1002, 1004 (9th Cir.1995) (internal quotation marks and citation omitted).

Ill

Plaintiffs challenge the requirement that they provide file names found on the Napster index that correspond to their copyrighted works before those works are entitled to protection. Plaintiffs argue that Napster should be required to search for and to block all files containing any protected copyrighted works, not just those works with which plaintiffs have been able to provide a corresponding file name. Napster, on the other hand, argues that the modified preliminary injunction’s articulation of its duty to police is vague and fails to conform to the fair notice requirement of Federal Rule of Civil Procedure 65(d).

We are unpersuaded that the district court committed any error of law or abused its discretion. The notice requirement abides by our holding that plaintiffs bear the burden “to provide notice to Napster of copyrighted works and files containing such works available on the Napster system before Napster has the duty to disable access to the offending content.” Napster, 239 F.3d at 1027. Napster’s duty to search under the modified preliminary [1097]*1097injunction is consistent with our holding that Napster must “affirmatively use its ability to patrol its system and preclude access to potentially infringing files listed on its search index.” Id. The modified preliminary injunction correctly reflects the legal principles of contributory and vicarious copyright infringement that we previously articulated.

Napster’s challenge on grounds of vagueness is without merit. A preliminary injunction must “be specific in terms” and “describe in reasonable detail ... the act or acts sought to be restrained.” Fed. R.Civ.P. 65(d). We do not set aside injunctions under this rule “unless they are so vague that they have no reasonably specific meaning.” E. & J. Gallo Winery v. Gallo Cattle Co., 967 F.2d 1280, 1297 (9th Cir.1992). Napster has a duty to police its system in order to avoid vicarious infringement. Napster can police the system by searching its index for files containing a noticed copyrighted work. The modified preliminary injunction directs Napster, in no vague terms, to do exactly that.

IV

Napster challenges the district court’s use of a technical advisor. Napster does not contest the appointment of the advisor but rather challenges the manner in which the district court relied on the advisor. Napster argues that the district court improperly delegated its judicial authority. We disagree.

At no time did the technical advisor displace the district court’s judicial role. The technical advisor never unilaterally issued findings of fact or conclusions of law regarding Napster’s compliance. See Kimberly v. Arms, 129 U.S. 512, 524, 9 S.Ct. 355, 32 L.Ed. 764 (1889) (holding a court may not, through appointment of a master or otherwise, “abdicate its duty to determine by its own judgment the controversy presented”); Reilly v. United States, 863 F.2d 149

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A&M Records, Inc. v. Napster, Inc.
284 F.3d 1091 (Ninth Circuit, 2002)

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284 F.3d 1091, 62 U.S.P.Q. 2d (BNA) 1221, 2002 Cal. Daily Op. Serv. 2635, 52 Fed. R. Serv. 3d 5, 2002 Daily Journal DAR 3223, 2002 U.S. App. LEXIS 4752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/am-records-inc-v-napster-inc-ca9-2002.