Napster to use "Pencil Defense" 
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Written by AVRev.com   
Thursday, 29 June 2000

Napster has brought on high-powered attorney David Boies to prepare the for the upcoming court case where Napster will face the RIAA who represents the major record labels. Most famous for being instrumental in breaking up Microsoft, Boies and his team of lawyers are developing a defense strategy that emphasizes the promotional aspects of Napster and how they can benefit the very record companies and artists that are suing the company. Napster has signed deals with a few small record labels to further emphasize the promotional side of Napster. According to a report by CNN, Napster will use the "pencil defense" which will require the company to show that Napster has many non-infringing uses, like a VCR or a pencil. A VCR has for example can be used to dub illegal copies of video and a pencil can be used to plagiarize material, but there are enough legal uses for these two items that manufactures can create VCR’s and pencils. As more and more unsigned artists and independent record labels allow their music to be traded for free, Napster’s case becomes stronger.








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