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.
David BoiesWhen 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.
David BoiesYou 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.
David BoiesI think what it was about was the people's right to vote and have those votes counted. And if you think back through our history, an awful lot of what we've fought over, struggled for, is the right of people to vote. That's what the civil-rights movement was, at its bottom, about. At the fundamental level, democracy means a government in which the people vote.
David BoiesIt is easy to be accurate if you have the freedom to be complicated, and it is very easy to be simple if you have the freedom to shade the truth. What's hard is to be simple and very accurate, and that takes work to figure out what are the simple truths that are going to sustain your case.
David Boies