Major record labels are planning to file legal documents opposing efforts by online music sharing company Napster to get a rehearing in a San Francisco appeals court.
The 9th US Circuit Court of Appeals ruled in February Napster was infringing copyrights and directed US District Judge Marilyn Hall Patel in San Francisco to issue a preliminary injunction.
Napster sought a rehearing shortly after the appeals court decision in February and has subsequently asked if it could supplement that request with material from proceedings in the US District Court that issued the injunction.
Patel issued the injunction on March 5th requiring Napster to bar the trading of copyrighted songs from its directory. The judge also recently held a hearing related to Napster's compliance.
"We're going to oppose [Napster's request] on grounds that anything that transpires in the District Court after the court of appeals [February] opinion is not relevant to the petition for a rehearing," said Mr Russell Frackman, another lawyer representing major music labels.
Napster's lawyers say the positions advanced by the record labels since the injunction show how the language in the 9th Circuit opinion can at times have contradictory interpretations.
A Napster lawyer Mr Robert Silver said: "Our en banc petition [request for a re-hearing] sought review on the grounds that certain language in the 9th Circuit opinion had the potential for providing contradictory directives and overriding an important precedent set by Sony Betamax case."