On February 12, 2001, a three judge panel of the United States Court of Appeals for the Ninth Circuit handed down its long awaited decision in the appeal in A & M Records, et al v. Napster, et al, 2001 W.L. 115033 (9th Cir. 2001), in which the District Court, per Judge Patel, had granted plaintiffs’ preliminary injunction motion. Judge Patel’s ruling had been stayed pending the appeal.
The Ninth Circuit’s unanimous decision, which in large part comprises a serial dismissal of each and every one of Napster’s arguments, constitutes a decisive ruling against Napster. As a federal appellate court, the Ninth Circuit panel’s role was limited to the questions of whether the District Court’s factual findings were clearly erroneous and whether the District Court properly applied the law.
