Napster, Inc. (Napster), facilitates the transmission of MP3 files (a digital format for the storage of audio recordings) between and among its users. Through a process commonly called ‘‘peer-to-peer’’ file sharing, Napster allows its users to (1) make MP3 music files stored on individual computer hard drives available for copying by other Napster users; (2) search for MP3 music files stored on other users’ computers; and (3) transfer exact copies of the contents of other users’ MP3 files from one computer to another via the Internet. These functions are made possible by Napster’s MusicShare software, available free of charge from Napster’s Internet site, and Napster’s network servers and server-side software. The plaintiffs include A&M Records, Geffen Records, Sony Music Entertainment, MCA Records, Atlantic Recording Corporation, Motown Record Company, and Capitol Records.
The plaintiffs are engaged in the commercial recording, distribution, and sale of copyrighted musical compositions and sound recordings. The plaintiffs allege that Napster is a contributory and vicarious copyright infringer. Explain whether Napster should be enjoined ‘‘from engaging in, or facilitating others in copying, downloading, uploading, transmitting, or distributing plaintiffs’ copyrighted musical compositions and sound recordings, protected by either Federal or State law, without express permission of the rights owner.’’