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BARRY ISSUES BATTLE CRY
TO NAPSTER USERS

Napster Hopes 20 Million Users Are More Persuasive Than "Freaks And Geeks" Fans
Napster CEO Hank Barry may be down, but he's certainly not out. He has now asked Napster's 20 million users to stage a "buy-cott" and write the record companies in support of their artists.

In an interview with Reuters, Barry said: "We're encouraging users to go out this weekend and buy their favorite albums and write the labels, telling them Napster users are their most active customers and want to keep Napster alive."

Napster is hoping it will obtain an emergency stay on U.S. District Judge Marilyn Patel's injunction, which goes into effect midnight PT Friday (7/28).

The judge ordered the company to shut down or stop allowing its 20 million users from swapping copyrighted songs belonging to members of the RIAA, which had sought the injunction.

While Napster awaits word on its request for an emergency stay in the U.S. Court of Appeals for the Ninth Circuit, Barry said the company is also "trying to look at how we can comply with the order."

Napster attorney David Boies argued it would be hard to do so without shutting down altogether, because there was no easy way to separate legitimate use of its service from illegitimate use.

"We strongly disagree with the ruling," said Barry, noting that in the appeal filed Thursday (7/27) Napster's lawyers said the decision ignored substantial evidence that Napster helped, not hurt, record sales. They also claimed the ruling extended copyright law to cover new technologies, while the Supreme Court had counseled such extensions to be left to Congress.

Barry said there were no discussions underway with any of the record companies and that the hope was to keep the company running even after the injunction. "We're just trying to focus on this appeal and how we can comply with the injunction," he said.

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