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Napster files appeal against judge's ruling

Last ditch bid for survival by music sharing site

MP3 music sharing company Napster is today praying for an emergency stay of execution following Wednesday’s damaging injunction against the firm.

Napster gave several reasons for its need to fight the court injunction which would shut down the company's Web site operations by midnight Pacific time Friday (Saturday morning for us), according to a Napster statement.

Among its concerns, Napster claimed that the court failed to recognise evidence that the site might actually be promoting sales for the music industry.
In addition, Napster suggested that Wednesday's proceedings ran too short - not giving the firm enough time to present all of the applicable evidence. Chief U.S. District Court Judge Marilyn Hall Patel denied a request for an evidentiary hearing.

Also listed among Napster's complaints was the charge that its users do not engage in commercial use of MP3 files and therefore do not participate in direct copyright infringement - one of the main points of contention for Judge Patel.

The last of the major objections made by Napster attorneys centred on their belief that the judge ignored a U.S. Supreme Court precedent which suggests that extensions of copyright laws to new technologies be made by U.S. Congress.

Following Wednesday's hearing, Napster founder Shawn Fanning and Interim Chief Executive Officer Hank Barry spoke to the public via a Webcast on Napster's site. "We will keep fighting for Napster and for your right to share music over the Internet," Fanning said.


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