The decision came after a four-month legal challenge by major record companies to block Napster from swapping copyrighted music online a battle that has sent music fans scrambling to download files and record companies contending that their property rights are being violated. Bob Merlis, spokesman for Warner Brothers Records Inc., said he was pleased with the results, despite the fact that Napster is alive and well for the time being. But during a hearing on the injunction last October, Napster attorney David Boies argued that downloading MP3 files is no different than using a VCR to record television shows. Alluding to the 1984 Supreme Court ruling of Sony Corp. vs. Universal City Studios Inc. , in which Sony was granted the right to sell VCRs, Boies' argument stated that like a VCR, Napster is a recording device that does not encroach upon intellectual property rights. Nevertheless, Doty said the legal system should not have jurisdiction over communication in this case.
Communication is too important to be left only to the lawyers.