February 1, 2010 – May 21, 2010BA621Business LawLesson #3Assignment #2Case 6-2 Summary: A&M Records, Inc. v. Napster, Inc.This case (pages 147-148 of your text) is in the book to provide clarification on the doctrine of fair use with regard to online music trading. A & M Records, Inc., sued Napster, claiming that Napster was violated the copyright of certain companies and musicians. A & M Records was able to get an injunction against Napster because Napster was engaging in direct infringement. Also, Napster was not able to prove an affirmative defense that it was engaging in fair use. Answer the following questions (found on page 149 of your text).1) Identify one ambiguous word or phrase in the court's decision in Case 6-2, and show how that ambiguity affects your willingness to accept the court's conclusion. Clue: Consider Napster's main defense.“Effect of the use upon the potential market,” which has two ambiguities: “effect of the use” and “potential market.”
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