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Napster seeking to block order shutting down online music service

From CNN's Greg Lefevre

SAN FRANCISCO (CNN) -- The online music swapping service Napster plans to file an appeal in a federal appeals court Thursday, seeking to block a district judge's order that would essentially shut Napster down.

A judge issued a preliminary injunction Wednesday against the online music service Napster, ordering it to stop distributing copyrighted songs.

Judge Marilyn Patel said Napster "is enjoined from causing, assisting, facilitating, copying, or otherwise distributing all copyrighted songs or musical compositions."

The preliminary injunction goes into effect Saturday 3 a.m. EDT.

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In a live Web cast following the court decision, Napster CEO Hank Barry said the company will ask an appeals court Thursday to issue a stay of the injunction.

"Although we strongly and firmly disagree with the judge's decision, we respect and understand the basis for it and we plan to comply," Barry said on the Napster Web site. "We'll fight this in a variety of ways to keep the Napster community growing and strong."

In a two and a half hour hearing, the judge asked Napster attorney David Boies, isn't copying and distributing "the guts of what Napster is all about?" He added, "piracy was up in their minds."

As to Napster's contention that it did not know piracy was taking place, a visibly upset Patel replied, "If you design a site designed to enable infringement, you can't stand by and claim you don't know what's going on."

The case is A&M Records v. Napster. It is combined with a case by famed 1960s songwriter Jerry Leiber.

Napster is an Internet site that allows PC users to upload and download pre-recorded music. It claims 20 million users and hundreds of millions of downloads so far this year.

The music industry claims Napster has turned it into a non-profit institution.

Napster attorneys cited a court decision for Sony, in which people are allowed to record television programs for personal use. But the judge said it is a weak case for "personal use," when the site is designed to distribute music to millions of users.

The case will go to trial later this year.

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