Napster Granted 11th Hour Stay Of Execution By Appeals Court

C-Net is reporting that Napster has been granted what amounts to an 11th hour stay of execution by 9th US Circuit Court of Appeals. Napster had been ordered by Chief US District Judge Marilyn Hall Patel to stop the trading of copywritten material through its software, an order that would have effectively shut the MP3 trading company down. Napsteris attorneys, headed by former antitrust legal eagle David Boise, argued with the Court of Appeals that the order would shut the company down and make any appeal moot. This argument apparently carried weight with the appellate court. According to C-Netis coverage:

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 San Mateo-based Napsteris request for an expedited appeal. Napster is required to file a legal brief with the court by Aug. 18, and a responding brief is due Sept. 8. After the briefs are filed, the court will schedule oral arguments.

You can find more detailed information on this decision in C-Netis coverage. You may also be interested in reading an editorial by our own Wes George on this issue.