If the injunction isn't lifted, Napster will be forced to comply with an order to pull copyrighted material off its Web site by midnight Pacific time Friday. The court injunction was issued as part of an ongoing lawsuit filed against the company by the RIAA.
Napster gave several reasons for its appeal, including the courts failure to recognize evidence which claimed the site might be promoting sales for the music industry. Napster also suggested that Wednesday's proceedings ran too short - not giving the firm enough time to present all of the applicable evidence.
Denied Chief US District Court Judge Marilyn Hall Patel denied a request for an evidentiary hearing. But found that Napster's site posed a very real and immediate threat to the interests of the plaintiffs in the case - the Recording Industry Association of America (RIAA).
Also listed among Napster's complaints was the charge that its users do not engage in commercial use of MP3 files, and therefore do not participate in direct copyright infringement - one of the main points of contention for Judge Patel. The last of the major objections made by Napster attorneys centered on their belief that the judge ignored a US Supreme Court precedent, which suggests that extensions of copyright laws to new technologies be made by US Congress.
Appeal A source close to the RIAA said the music industry body plans to appeal against Napster appeal in the coming days.
Following Wednesday's hearing, Napster founder Shawn Fanning and interim CEO said: "We will keep fighting for Napster and for your right to share music over the Internet."
Napster expects a court ruling on its appeal within 24 hours, a company spokeswoman said Thursday.