Record companies and music publishers sued Napster. Napster is a free online music trading service. The company provides software that facilitates the transmission and retention of digital audio files (called MP3 files) by users. Users download Napster’s MusicShare software, which allows them to access the directory and index on a Napster server to locate MP3 files on other users’ hard drives. Users download MP3 files from other users’ hard drives. Although the MP3 files do not transfer through Napster’s servers, users must access Napster’s system to get access to file names and routing data.

1. Identify one ambiguous word or phrase in the court’s decision in Case 6-2, and show how that ambiguity affects your willingness to accept the court’s conclusion.
Clue: Consider Napster’s main defense.
2. If you could change one fact in Case 6-2 to make it less likely that the judge would rule against Napster, which fact would you change?
Clue: Look at how the district court responds to reports from experts.