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We put fear and prejudice on trial, and fear and prejudice lost.
When you think of Napster, you think of music. But the first thing that struck me was that this was an important case not only for the music industry but for the whole Internet.
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.
Here you have a new technology, and if that technology is going to work, you must allow people to provide central indexes of the data. It's just like a newspaper that publishes classified ads.
You never know when you lose a case whether it was because the facts were against you, or because the judges had already made up their minds, or if you could have done something differently.
I made a penny for each paper delivered every day, plus 2 cents for Sunday papers. I had 120 customers. For a 10-year-old kid in the 1940s, that was a lot of money.
It's terribly important that we extend the promise of equality that the Supreme Court and that the district court articulated in the DOMA case and in the Perry case to all Americans in all 50 states.