Injunction Issued Against Madster

A federal judge has ordered the Madster file-sharing network to stop its users from making unauthorized copies of music and movies, but the network’s creator said he can’t stop infringements or control what users do.

The major record companies and movie studios hailed the preliminary injunction issued Tuesday by U.S. District Judge Marvin E. Aspen in Chicago against John A. Deep and two Madster-related companies that he operates.

The injunction requires Madster -- originally known as Aimster -- to cut off users’ access to copyrighted songs and films, even if it means shutting down the network.

But Deep said Tuesday that he couldn’t do that because the network operates by itself, relying only on its users’ computers and the public Internet.

“The Madster software is out there and I can’t take it back,” he said.

To try to comply with the injunction, Deep said he would release a new program, dubbed “FairPlay,” that users of Madster and other file-sharing networks could install to identify copyrighted files and restrict their use.

Madster will rely on copyright owners and users to take the steps necessary to protect files, at least initially, Deep said.

His actions give the movie and music industries a preview of the problems they may encounter as they try to shut down other file-sharing services that sprang up in the wake of Napster Inc., the pioneering song-swapping network in Redwood City, Calif.

File-sharing systems enable users to find and copy data from each other’s computers through the Internet. Unlike Napster, which is insolvent and reorganizing, most file-sharing companies claim that their networks are self-sustaining and cannot be controlled.

Deep, who also has filed for bankruptcy protection, said the FairPlay software lets users indicate whether a song or movie is copyrighted and, if so, whether it’s freely available for copying, unavailable or available for pay from another site. Once a file has been restricted, users who download it will be able to play only a 10-second sample unless they obtain an electronic key to decrypt it, Deep said.

Exactly how the system will work isn’t clear even to Deep. For example, nothing prevents people who aren’t copyright owners from declaring that a file is copyrighted and then setting the rules for its use. Nor is there any way to stop users from sharing the keys to copyrighted files.

“I believe people are honest and they do the right thing when they have the choice,” Deep said.

Matt Oppenheim, senior vice president of business and legal affairs with the Recording Industry Assn. of America, said if Deep didn’t act to stop the infringements, “he’ll be in contempt of court.”

He added that evidence collected by the RIAA indicates that Deep can control the Madster network and, if necessary, shut it down.

The injunction was written by lawyers for the record and movie industries, and Aspen adopted it in its entirety after Madster failed to propose an alternative. In addition to requiring Madster to halt any of the plaintiffs’ files from being infringed, it also requires Deep and his two companies to patrol the network for violations and submit a complete list every month of all the songs made available or searched for on the network.

Deep said he had no idea how he would be able to supply such a list. “I don’t have any way to do that,” he said.

The RIAA plans to do its own monitoring, Oppenheim said, to see if any infringing works remain available on Madster.