Well, at least not yet. After starting fresh with a new CEO (Hank Barry) and a new lawyer (David Boies), there are signs the embattled Internet song-swapper may be trying to make nice with the music industry and resolve its copyright infringement lawsuits.
The Wall Street Journal reports that Napster has jumped into settlement talks, but the Recording Industry Association of America and other sources say things haven't gotten that friendly yet. Howard King, lawyer for Metallica and Dr. Dre's lawsuits against Napster, says his office has been in contact with the company, but he characterized them only as "introductions," not settlement talks.
"There has at least been communication, but I'd hesitate to call them settlement discussions," King says. "Hank Barry is an experienced music industry person, as is [former A&M Records man-turned-Napster chief operating officer] Milton Olin.
"There was absolutely zero communication before Barry came in," he adds. "[But] my interpretation is that these are smart guys, and they wouldn't take a billion-dollar gamble without [seeking] some type of resolution."
It could also be part of the new philosophy Napster has embraced, which aims to focus more on independent artists and labels.
"We're trying to find a structure that works with everybody and respects copyrights," Barry tells Reuters. "We're talking with independent labels, artists and everyone who can add a voice. We're eager to work with all constituencies interested in the Napster community."
But at this point, it appears the matter will still be headed for court. The RIAA filed for a preliminary injunction against Napster on June 13, and the case will be heard in U.S. District Court in San Francisco July 26.
Napster faithful can at least feel comforted that they can still buy the souvenirs. Punk-rockers the Offspring and the company announced that proceeds from their Napster T-shirt sale will go to the National Center for Missing and Exploited Children, Rolling Stone reports. The company initially ordered the band to stop selling its merchandise on the Website, but they later agreed to team up, with the profits going to charity.
Users can go to www.offspringdirect.com to get their own piece of the Napster revolution. (That is, until The Man comes in and takes over.)
Other Napster News: It also may be getting harder to find your favorite tunes using Napster's easy-as-pie software. Several groups of music entrepreneurs--and plain ol' Internet saboteurs--have been circulating fake versions of popular songs on Napster, according to Inside.com. Case in point: Trying to fetch an MP3 file of Bruce Springsteen's controversial song "American Skin" may instead leave you with "Bitterfool" by an unknown folk singer named Stephanie Fix.
Turns out her song was named "American Skin" as a marketing ploy (in Netspeak, it's called a cuckoo egg), and she's now getting some 400 downloads per day...Quick, somebody sign her to a label!