A source close to the band confirmed the order had been sent Friday. Insiders said before the order was issued that if Napster decided to put out a cease and desist order, it would "expose a huge hypocrisy" in the company's practices.
On Wednesday, the Offspring Enterprising began selling bootleg Napster merchandise, without the company's permission, via the band's official Web site, Offspring.com.
Under the headline, "Buy Napster stuff," you'll find baseball caps and T-shirts bearing Napster's logo for $10, while stickers are $1. The Offspring, one of the only bands to come out in support of the controversial online software swapper, said it would keep all profits. Napster said it does not sell merch of its own and had no comment at that time on the Offspring's actions (hitsdailydouble.com, 6/2).
However, Napster now says its name and logo is trademarks owned by the company, and may not be used by other parties. Sound a bit familiar? Doesn't Napster's entire business plan involve using others' names and trademarks without their permission?
Napster is currently embroiled in a series of lawsuits, filed by Metallica, Dr. Dre and the Recording Industry Association of America, that claim the company is infringing on artists' copyrights by allowing users to trade MP3 files of their work for free without permission.
Insiders said the Offspring figured that since they officially gave permission to the file-sharing company to use its material, Napster wouldn't have a problem with the Offspring's gesture.
Napster and the Offspring could not be reached for comment.
Wonder what Napster would do if they caught a glimpse of Offspring leader Dexter Holland selling said T-shirts from the back of his pickup in the parking lots of a dozen concerts in the Southern California area this weekend.
LIVE NATION POSTS (ANOTHER) RECORD QUARTER
More butts in seats than ever before. (5/3a)
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THE NEW UMG
Gosh, we hope there are more press releases.
TIKTOK BANNED!
Unless the Senate manages to make this whole thing go away, that is.
THE NEW HUGE COUNTRY ACT
No, not that one.
TRUMP'S CAMPAIGN PLAYLIST
Now 100% unlicensed!
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