All The Rave

From All The Rave: Judge Walsh assumed that if he ruled against the asset sale, Napster would be liquidated. But the facts were so egregious that he had no choice. There were a number of grounds to rule as he did, Walsh said, but he cited just one — that Napster hadn’t met its burden of showing that its negotiations with Bertelsmann had been at arm’s length. “It seems abundantly clear that Mr. Hilbers had one foot in the Napster camp and one foot in the Bertelsmann camp, and was so fundamentally conflicted that I believe that the transaction was tainted,” Walsh said from the bench. Sigh.

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