In A & M Records, Inc. v Napster, Inc.

In A & M Records, Inc. v Napster, Inc

The matter presented to the Ninth Circuit was whether the asserted uses were in fact "fair use." The court was also confronted with the question of a solution for the alleged infringement, to which Napster had proposed a compulsory license.

The Ninth Circuit found that "Napster users infringe at least two of the copyright holders' exclusive rights: the rights of reproduction, § 106(1); and distribution, § 106(3)." With respect to the fair use arguments, the court sharply distinguished the facts presented from "the Betamax case", Sony ...