A&M Records, Inc. v. Napster, Inc.

This appeal involves challenges to a modified preliminary injunction entered by the district court on remand from a prior appeal, A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir.2001). At issue is the district court’s order forcing Napster to disable its file transferring service until certain conditions are met to achieve full compliance with the modified preliminary injunction. We entered a temporary stay of the shut down order pending resolution of this appeal. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1). We affirm both the district court’s modified preliminary injunction and shut down order.

I

Plaintiffs’ action against Napster claims contributory and vicarious copyright infringement stemming from Napster’s peer-to-peer music file sharing service. 1 In the prior interlocutory appeal, we affirmed the district court’s decision to issue a preliminary injunction and reversed and remanded with instructions to modify the injunction’s scope to reflect the limits of Napster’s potential liability for vicarious and contributory infringement. Napster, 239 F.3d at 1027 .

We now consider the district court’s modified preliminary injunction, which obligates…