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MP3 - DJ is a desktop music mixing tool for your PC that provides you with all the tools required to play music like a DJ and create smooth remixes. It features several additional functions, such as s. VirtualBox is free, enterprise-ready virtualization software for Windows users. Developed by the Oracle Corporation, the tool lets users run different operating systems on their computers.

The application works and behaves just like a physical DVD or Blu-ray drive. Image files can be "inserted" into the virtual drive fr. Virtual Router Plus is a free software that lets you turn your Microsoft Windows PC into a WiFi router for additional devices to connect to: computers, laptops, mobile phones, printers, tablets, etc.

Microsoft Word is an office productivity software developed by Microsoft. Word for Windows is part of the Microsoft Office suite, but it can be downloaded independently. Generally, MS Word requires 4G. One limitation of the. Although VirtualBox is completely free software download it for free , many people prefer using the VirtualBox Extension Packs. Like other programs before it like LimeWire, Blubster connects to a network which other users are also connected to.

After connecting to the Blubster network, you can search, sharing and download MP3 music files. The interface of the program is pretty standard and users who remember Napster shouldn't expect anything out of the ordinary. Downloading music for free from disreputable sites is not only illegal, but also unethical. Support the musicians who make the music you love by purchasing their art legally. Many music fans regard Apple's iTunes as the internet's premier destination to buy music online.

Apple announced in June that iTunes is being broken into separate pieces for separate uses. Music, podcasts, and television will have their own apps when everything switches to the Catalina Mac operating system. The iTunes Store will remain, as will the music that people bought from it.

Amazon Music has become one of the largest stores for buying music online. Even though Spotify is essentially a streaming music service, its Offline mode qualifies it as a music download service, too.

In this mode, download and listen to thousands of songs without an internet connection. Gone are Napster's days as a file-sharing service which was shut down due to copyright violations. Napster also has a business music service called SoundMachine, which offers several subscription plans. Its digital locker stores all purchased tracks safely in case you need to download them again.

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Measure content performance. The complaint alleges that Napster, Inc. On July 26, , the district court granted plaintiffs' motion for a preliminary injunction. The injunction was slightly modified by written opinion on August 10, Napster, Inc. The district court preliminarily enjoined Napster "from engaging in, or facilitating others in copying, downloading, uploading, transmitting, or distributing plaintiffs' copyrighted musical compositions and sound recordings, protected by either federal or state law, without express permission of the rights owner.

Federal Rule of Civil Procedure 65 c requires successful plaintiffs to post a bond for damages incurred by the enjoined party in the event that the injunction was wrongfully issued. We entered a temporary stay of the preliminary injunction pending resolution of this appeal.

We have jurisdiction pursuant to 28 U. We affirm in part, reverse in part and remand. We have examined the papers submitted in support of and in response to the injunction application and it appears that Napster has designed and operates a system which permits the transmission and retention of sound recordings employing digital technology.

The MP3's compressed format allows for rapid transmission of digital audio files from one computer to another by electronic mail or any other file transfer protocol. Napster facilitates the transmission of MP3 files between and among its users. Through a process commonly called "peer-to-peer" file sharing, Napster allows its users to: 1 make MP3 music files stored on individual computer hard drives available for copying by other Napster users; 2 search for MP3 music files stored on other users' computers; and 3 transfer exact copies of the contents of other users' MP3 files from one computer to another via the Internet.

These functions are made possible by Napster's MusicShare software, available free of charge from Napster's Internet site, and Napster's network servers and server-side software. Napster provides technical support for the indexing and searching of MP3 files, as well as for its other functions, including a "chat room," where users can meet to discuss music, and a directory where participating artists can provide information about their music.

In order to copy MP3 files through the Napster system, a user must first access Napster's Internet site and download [1] the MusicShare software to his individual computer. Once the software is installed, the user can access the Napster system. A first-time user is required to register with the Napster system by creating a "user name" and password. If a registered user wants to list available files stored in his computer's hard drive on Napster for others to access, he [] must first create a "user library" directory on his computer's hard drive.

The user then saves his MP3 files in the library directory, using self-designated file names. He next must log into the Napster system using his user name and password. His MusicShare software then searches his user library and verifies that the available files are properly formatted. If in the correct MP3 format, the names of the MP3 files will be uploaded from the user's computer to the Napster servers. The content of the MP3 files remains stored in the user's computer. Once uploaded to the Napster servers, the user's MP3 file names are stored in a server-side "library" under the user's name and become part of a "collective directory" of files available for transfer during the time the user is logged onto the Napster system.

The collective directory is fluid; it tracks users who are connected in real time, displaying only file names that are immediately accessible. Napster allows a user to locate other users' MP3 files in two ways: through Napster's search function and through its "hotlist" function.

Software located on the Napster servers maintains a "search index" of Napster's collective directory. To search the files available from Napster users currently connected to the network servers, the individual user accesses a form in the MusicShare software stored in his computer and enters either the name of a song or an artist as the object of the search. The form is then transmitted to a Napster server and automatically compared to the MP3 file names listed in the server's search index.

Napster's server compiles a list of all MP3 file names pulled from the search index which include the same search terms entered on the search form and transmits the list to the searching user. The Napster server does not search the contents of any MP3 file; rather, the search is limited to "a text search of the file names indexed in a particular cluster.

Those file names may contain typographical errors or otherwise inaccurate descriptions of the content of the files since they are designated by other users. To use the "hotlist" function, the Napster user creates a list of other users' names from whom he has obtained MP3 files in the past.

When logged onto Napster's servers, the system alerts the user if any user on his list a "hotlisted user" is also logged onto the system. If so, the user can access an index of all MP3 file names in a particular hotlisted user's library and request a file in the library by selecting the file name. The contents of the hotlisted user's MP3 file are not stored on the Napster system. To transfer a copy of the contents of a requested MP3 file, the Napster server software obtains the Internet address of the requesting user and the Internet address of the "host user" the user with the available files.

See generally Brookfield Communications, Inc. West Coast Entm't Corp. The Napster servers then communicate the host user's Internet address to the requesting user. The requesting user's computer uses this information to establish a connection with the host user and downloads a copy of the contents of the MP3 file from one computer to the other over the Internet, "peer-to-peer.

The file may also be transferred back onto an audio CD if the user has access to equipment designed for that purpose. In both cases, the quality of the original sound recording is slightly diminished by transfer to the MP3 format.

This architecture is described in some detail to promote an understanding of transmission mechanics as opposed to the content of the transmissions. The content [] is the subject of our copyright infringement analysis. We review a grant or denial of a preliminary injunction for abuse of discretion. Gorbach v. Reno, F. Application of erroneous legal principles represents an abuse of discretion by the district court.

Rucker v. Davis, F. If the district court is claimed to have relied on an erroneous legal premise in reaching its decision to grant or deny a preliminary injunction, we will review the underlying issue of law de novo. Chandler, 83 F. On review, we are required to determine, "whether the court employed the appropriate legal standards governing the issuance of a preliminary injunction and whether the district court correctly apprehended the law with respect to the underlying issues in the case.

Wilson, 59 F. United Press, Int'l, F. Preliminary injunctive relief is available to a party who demonstrates either: 1 a combination of probable success on the merits and the possibility of irreparable harm; or 2 that serious questions are raised and the balance of hardships tips in its favor. Prudential Real Estate Affiliates, Inc. PPR Realty, Inc. Plaintiffs claim Napster users are engaged in the wholesale reproduction and distribution of copyrighted works, all constituting direct infringement.

We note that the district court's conclusion that plaintiffs have presented a prima facie case of direct infringement by Napster users is not presently appealed by Napster.

We only need briefly address the threshold requirements. Plaintiffs must satisfy two requirements to present a prima facie case of direct infringement: 1 they must show ownership of the allegedly infringed material and 2 they must demonstrate that the alleged infringers violate at least one exclusive right granted to copyright holders under 17 U. See 17 U. MCA, Inc. Payday, Inc. Plaintiffs have sufficiently demonstrated ownership. The record supports the district court's determination that "as much as eighty-seven percent of the files available on Napster may be copyrighted and more than seventy percent may be owned or administered by plaintiffs.

And by doing that, it constitutes — the uses constitute direct infringement of plaintiffs' musical compositions, recordings. July 26, transcript of proceedings. The district court also noted that "it is pretty much acknowledged.

Napster users who upload file names to the search index for others to copy violate plaintiffs' distribution rights.

Napster users who download files containing copyrighted music violate plaintiffs' reproduction rights. Napster asserts an affirmative defense to the charge that its users directly infringe plaintiffs' copyrighted musical compositions and sound recordings. Napster contends that its users do not directly infringe plaintiffs' copyrights because the users are engaged in fair use of the material.

Napster identifies three specific alleged fair uses: sampling, where users make temporary copies of a work before purchasing; space-shifting, where users access a sound recording through the Napster system that they already own in audio CD format; and permissive distribution of recordings by both new and established artists. The district court considered factors listed in 17 U. These factors are: 1 the purpose and character of the use; 2 the nature of the copyrighted work; 3 the "amount and substantiality of the portion used" in relation to the work as a whole; and 4 the effect of the use upon the potential market for the work or the value of the work.

The district court concluded that Napster users are not fair users. We first address the court's overall fair use analysis. This factor focuses on whether the new work merely replaces the object of the original creation or instead adds a further purpose or different character.

Acuff-Rose Music, Inc. The district court first concluded that downloading MP3 files does not transform the copyrighted work. Napster, F. This conclusion is supportable. Courts have been reluctant to find fair use when an original work is merely retransmitted in a different medium.

See, e. Kirkwood, F. June 1, "Defendant's copyright infringement was clear, and the mere fact that it was clothed in the exotic webbing of the Internet does not disguise its illegality. This "purpose and character" element also requires the district court to determine whether the allegedly infringing use is commercial or noncommercial. See Campbell, U. A commercial use weighs against a finding of fair use but is not conclusive on the issue.

The district court determined that Napster users engage in commercial use of the copyrighted materials largely because 1 "a host user sending a file cannot be said to engage in a personal use when distributing that file to an anonymous requester" and 2 "Napster users get for free something they would ordinarily have to buy.

The district court's findings are not clearly erroneous. Direct economic benefit is not required to demonstrate a commercial use. Rather, repeated and exploitative copying of copyrighted works, even if the copies are not offered for sale, may constitute a commercial use. See Worldwide Church of God v. Philadelphia Church of God, F. Texaco, Inc. In the record before us, commercial use is demonstrated by a showing that repeated and exploitative unauthorized copies of copyrighted works were made to save the expense of purchasing authorized copies.

See Worldwide Church, F. Plaintiffs made such a showing before the district court. We also note that the definition of a financially motivated transaction for the purposes of criminal copyright actions includes trading infringing copies of a work for other items, "including the receipt of other copyrighted works. Works that are creative in nature are "closer to the core of intended copyright protection" than are more fact-based works.

The district court determined that plaintiffs' "copyrighted musical compositions and sound recordings are creative in nature. We find no error in the district court's conclusion. Moral Majority, Inc. The district court determined that Napster users engage in "wholesale copying" of copyrighted work because file transfer necessarily "involves copying the entirety of the copyrighted work.

We agree. We note, however, that under certain circumstances, a court will conclude that a use is fair even when the protected work is copied in its entirety. Universal City Studios, Inc. Nation Enters. The proof required to demonstrate present or future market harm varies with the purpose and character of the use:.

A challenge to a noncommercial use of a copyrighted work requires proof either that the particular use is harmful, or that if it should become widespread, it would adversely affect the potential market for the copyrighted work.

If the intended use is for commercial gain, that likelihood [of market harm] may be presumed.



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