Napster Inc. Files Appeal

San Francisco, CA- July 27, 2000- Napster Inc. today asked U.S. Court of Appeals for the Ninth Circuit for an emergency stay of the injunction ordered yesterday that, if allowed to take effect, will functionally shut down Napster as of midnight Friday. Attorneys for Napster argued that the injunction should be stayed for numerous reasons, including that the decision:

• Wrongly stated that Napster users were engaged in direct infringement by denying other relevant case precedents and by developing a distinction between "personal" and "non commercial" use.
• Extended copyright law to cover new technologies, ignoring the counsel of the Supreme Court that such extensions should be left to the Congress.
• Was based on limited and insufficient argument. There was only one 90-minute argument, and the Judge denied Napster's request for an evidentiary hearing.
• Ignored substantial evidence that Napster is helping not hurting the record industry.

The filing was made earlier today in San Francisco. Napster will be making additional statements and releases regarding this issue today and tomorrow.

About Napster, Inc.
Napster is the world's leading file sharing community. Napster's software application enables users to locate and share media files from one convenient, easy-to-use interface. It also provides media fans a forum to communicate their interests and tastes with one another via instant messaging, chat rooms, and Hot List user bookmarks.