n a lower court so was Sony.'That court too, focused on how the technology was actually being used at the time the suit was being brought. As the case wound its way through the appeals process, however, the uses change …that helped sway the supreme court in Sony's favour'J.L Napster has history on its side- kind ofThis suit was filed by the RIAA in December 1999. Right now however, it is winding its way through the appeal courts. Napster is still in operation today as an appellant judge in the San Francisco courts overturned the verdict of a lower court judge that wanted Napster to shut down until a final verdict was reached.Right now the case seems to be at a standstill. With one twist, one of the record companies that has brought this lawsuit against Napster has broken ranks and struck a deal to shape the future of Napster.Bertelsmann is a German company and is thought by many spectators to, realistically be the only company that would be willing to work with Napster. Bertelsmann appears to have taken on the role of an arbitrator and it is hoped that they will create harmony between the music industry and Napster. By making a deal with Napster first also benefits Bertelsmann as they can get the best deal for their company, it also means that they will not waste more money on this long lawsuit that could last many more years. Napster sees the deal favourably.'Bertelsmann will help us reach an acceptable solution wit the labels and the publishers that will allow us to compensate artists, resolve the legal dispute and grow our service to meet the needs of our expanding user base that is a manner that is consistent with Napster's values' Napster/Bertelsmann Q&ANapster obviously feels that this deal will allow them to move forward, while still having control.Napster also feels that Bertelsmann will help with the solution to end this lawsuit. Napster is trying to convince its users that it will not change, but will be enhanced by this...
