Necessity is the plea for every infringement of human freedom.
It is the argument of tyrants; it is the creed of slaves.
Don't fight the patent, fight the infringement.
Vigorous enforcement of copyrights themselves is an important part of the picture. But I don't think that expanding the legal definition of copyright outside of actual copyright infringement is the right move.
Napster's only alleged liability is for contributory or vicarious infringement.
So when Napster's users engage in noncommercial sharing of music, is that activity copyright infringement? No.
Last Update: January, 2020