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Napster back to court
October 1, 2000: 7:28 p.m. ET

Internet music sharing service will argue to keep the site active pre-trial
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SAN FRANCISCO (CNN) - The Internet music-sharing service Napster will be back in court Monday, hoping to keep its site alive.            

In July, District Judge Marilyn Patel issued a preliminary injunction against Napster, ordering it to stop distributing copyrighted songs. But two days later, the Ninth Circuit Court of Appeals stayed the injunction.

graphicNapster -- which says it has 28 million users -- has argued that the Audio Home Recording Act, which allows people to tape musical programs in their homes for personal use, protects its service.

But a brief filed with the appeals court by the Justice Department refuted that argument, saying the act doesn't protect Napster because a home computer is not a "recording device" as defined in the statute.

The appeals court will hear arguments Monday on whether to continue the stay until a trial takes place.

The Recording Industry Association of America originally sued Napster. RIAA said the company's service threatens the financial integrity of the music business. Back to top


Napster wins reprieve - Jul. 28, 2000

Napster says it has 20 million unique users - Jul. 19, 2000



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