MP3 player makers unfazed by Napster ruling

The general attitude among manufacturers of MP3 players remains upbeat even after the legal blow against Napster. Consumer electronics OEMs told EE Times that most of their customers convert songs from their own CDs to MP3s for portable playback. Moreover, many believe that replacements for Napster will be unstoppable. This position is buttressed by some legal analysts who believe the wording of the Napster ruling spares pure peer-to-peer file-sharing services from the effects of this precedent because such systems cannot be "patrolled."

The appeals panel wrote, "Napster may be vicariously liable when it fails to affirmatively use its ability to patrol its system and preclude access to potentially infringing files listed in its search index. Napster has both the ability to use its search function to identify infringing musical recordings and the right to bar participation of users."

To read the OEM story, go to eetimes.com. For the legal analysis, read wired.com.