Napster Files Challenge to Injunction

Napster Inc. said Friday that a federal court judge erred last month by issuing a preliminary injunction that would have virtually shut down the popular music-sharing software company.

In a brief filed with the U.S. 9th Circuit Court of Appeals, Redwood City, Calif.-based Napster asked the court to vacate the injunction and reiterated its position that neither its 22 million registered users--who trade music for free--nor the company that helps them do so is in violation of copyright law.

“If users are not themselves infringing, then we are not liable for contributory infringement,” Napster attorney Jonathan Schiller said.

On July 26, U.S. District Judge Marilyn Hall Patel granted the injunction at the request of the Recording Industry Assn. of America, which sued Napster in December, alleging copyright infringement.

Nine hours before the injunction was to take effect, the 9th Circuit court issued a stay, allowing the company to remain online, at least temporarily, because “substantial questions” had been raised about the injunction’s merits and form.

The association, which has until Sept. 8 to file a response to Napster’s brief, continues to disagree. “Judge Patel issued a thoughtful and well-reasoned opinion that we believe will be upheld on appeal,” a spokeswoman said Friday.

Schiller said Napster will continue to rely on existing U.S. law, including a provision that prohibits liability for non-infringing uses of digital recording devices by a consumer.