The groups cited a report by Field Research Corporation
following a study conducted of 2,555 college students who were
internet users that “shows a direct correlation between Napster use
and decreased CD sales.“
"(Nearly half) of Napster users... described the nature of its
impact on their music purchases in a way which either explicitly
indicated or suggested that Napster displaces CD sales," said the
Field Study.
According to statistical analyses filed with the Court,
essentially every single Napster user sampled was engaged in some
copyright infringement while using the Napster service and the
overwhelming majority of songs actually copied and downloaded on
Napster, over 87%, are infringing.
A preliminary injunction will, if granted by the court,
immediately stop the operation of the Napster service pending a
full hearing on the copyright infringement case.
The RIAA and NMPA argued that a preliminary injunction is
necessary because the music industry will likely succeed on their
claims of contributory and vicarious copyright infringement and
because Napster is causing irreparable harm to the entire music
industry.
"This is not just about on-line versus off-line," said Hilary
Rosen, president and CEO of the RIAA. "Most in the on-line business
community recognise that what Napster is doing threatens legitimate
e-commerce models - and is legally and morally wrong."
The original lawsuit, which was filed on 7th December, 1999 by
the RIAA on behalf of its member companies, charges Napster with
contributory and vicarious copyright infringement.
The RIAA is a trade association whose members create,
manufacture and/or distribute approximately 90 percent of all
legitimate sound recordings produced and sold in the United
States.
