RIAA files complaint against Napster for non-compliance

The RIAA’s complaint says that virtually all the music Napster claims they have filtered is still available, calling its system “an utter failure.” It has asked the court to order that the service either adopt superior technology-based filters or revamp into a “filter-in” system only. Under a “filter-in” model, Napster would only permit those works on their system that are authorised to be on their system.

“Napster seems to have adopted the most porous filter available. Do they refuse to employ an effective filter for fear that it might actually work?” said Hilary Rosen, president of the RIAA. “Calling this type of filter effective is like calling an umbrella full of holes a hurricane shelter. It’s not working, it never will work and Napster should be ordered to implement an effective filter or to change its filtering method.”

Napster’s CEO Hank Barry yesterday hit back at the RIAA’s filing. He said:

“Napster is aggressively complying with the injunction with significant measurable results... The RIAA's call for a fundamental change in Napster's technology is unsurprising: It is an attempt to change the subject rather than co-operate with Napster as the injunction specifies.

“The RIAA's report fails to mention their complete lack of co-operation in supplying variations in artist names and song titles. While we have gone forward to block this multitude of files, it is important to note that not a single record company has provided us with one variant of any song name. This is contrary to both the Ninth Circuit's decision and the District Court's order.”