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.
Napster -- 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.