Napster Downloads Continue Virtually as Usual

ByABC News
March 5, 2001, 3:02 PM

March 5 -- And the bands play on.

Napster today was offering all sorts of music despite promising to start banning millions of copyrighted tunes. Searches for Metallica and Dr. Dre two artists who have been outspoken critics of the online music swap shop turned up hundreds of copies of their songs this morning.

But Ric Dube, analyst for Webnoize, a Cambridge, Mass.-based research firm specializing in digital entertainment, says his found two Metallica songs the system did appear to filter out: "One" and "Nothing Else Matters."

"Something is there and working," said Dube, "though it's not blocking the ten most popular songs in the country or plenty of other songs by those two artists."

Roy Orbison tunes were available as well, even though a copyright group sent e-mails to Napster last week, requesting the music be removed from the service because of alleged piracy.

Friday, U.S. District Judge Marilyn Hall Patel held a hearing on an order that would halt Napster from allowing pirated music to be listed on and traded through its Internet service until the end of a lawsuit. The Recording Industry Association of America is suing the online company for alleged copyright infringement, and requested an early injunction to stop the music piracy now. (Click here for a complete timeline.)

While the trial has yet to begin, Patel has all but commanded the service to stop trading copyrighted files without permission. The judge is recrafting the order, which is expected any day now, that could put very tight restrictions on how the company is currently operating.

While we await the judge's modified injunction, CEO Hank Barry said in a statement posted on the companys Web site, We will begin later this weekend to block the transfer of file names we have previously received from copyright holders.

Napster lawyer David Boies told Judge Patel during Fridays hearings the company would put filtering software online to block the trading of pirated music.