I know Aimster, Friskit, Freenet and Gnutella will promptly correct me, if wrong on this point. Even after slowing down its downloads by the filtering techniques of the first week of injunction compliance, Napster was still alive and kicking, and appeared from a distance to be acting in good faith at warp speed. Gracenote is used in most online media players, and can identify 9 million songs across 850,000 albums, with 24 million unique users each month. Napster announced an agreement last week to work with Gracenote to help exclude files from the Napster system in compliance with the pending injunction order. I am sure this is also designed to demonstrate to the Majors that Napster is someone they can work with over time.
Secret diplomacy works better in the music business too.
The Gracenote system is very interesting. However, if Counsel David Boies had been able to use Gracenote technology to demonstrate good-faith when Metallica raised hell in the summer, etc., he could have made a much stronger presentation in the District Court and on the Appeal. A requirement of specific notice, and a realistic opportunity to correct damaging misuse of copyrights, was a rock-solid baseline in this case, which we pointed out in October, as the most predictable result. Copyright law involves criminal sanctions, and notice and opportunity to correct is basic due process of law to a claimed violator. This was the only item that led to the partial reversal and remand in the Appeals Court.