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The decision late today by the 9th US Circuit Court of Appeals allows Napster to remain in operation past midnight PT tonight when a previous court order would have forced the company to halt the sharing of copyrighted music--effectively shutting it down In its two-page order the court said Napster raised substantial questions on both the merits and the form of the injunction The court also granted Napsters request for an expedited appeal The company is required to file a legal brief with the court by Aug 18 a responding brief by the music industry is due Sept 8 After the briefs are filed the court will schedule oral arguments The decision does not address the merits of the case Rather it only maintains the status quo until the case receives a full hearing which is likely to occur this fall Wow Im surprised said Fred von Lohmann a copyright attorney with Morrison Foerester which is not involved with the case I didnt think they were going to do it All I can think is that Napsters lawyers made a very compelling argument that if you dont stay the injunction well go out of business and there wont be anything left to appeal Hillary Rosen CEO of the Recording Industry Association of America RIAA which filed the suit against Napster issued a statement calling the decision a disappointment but said she was confident about the final outcome It is frustrating of course that the tens of millions of daily infringements occurring on Napster will be able to continue at least temporarily Rosen said In fact since the district court issued its order the illegal downloading of copyrighted music openly encouraged by Napster has probably exceeded all previous records We look forward to the day when the infringements finally cease Napster attorney Daniel Johnson of the law firm Fenwick
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