d. Users who obtain Napster's software can then share MP3 music files with others logged-on to the Napster system. MP3 files, which reproduce nearly CD-quality sound in a compressed format, are available on a variety of websites either for a fee or free-of-charge. Napster allows users to exchange MP3 files stored on their own computer hard-drives directly, without payment, and boasts that it "takes the frustration out of locating servers with MP3 files." Def. Br. at 4. Although the parties dispute the precise nature of the service Napster provides, they agree that using Napster typically involves the following basic steps: After downloading MusicShare software from the Napster website, a user can access the Napster system from her computer. The MusicShare software interacts with Napster's server-side software when the user logs on, automatically connecting her to one of some 150 servers that Napster operates. The MusicShare software reads a list of names of MP3 files that the user has elected to make available. [*4] This list is then added to a directory and index, on the Napster server, of MP3 files that users who are logged-on wish to share. If the user wants to locate a song, she enters its name or the name of the recording artist on the search page of the MusicShare program and clicks the "Find It" button. The Napster software then searches the current directory and generates a list of files responsive to the search request. To download a desired file, the user highlights it on the list and clicks the "Get Selected Songs" button. The user may also view a list of files that exist on another user's hard drive and select a file from that list. When the requesting user clicks on the name of a file, the Napster server communicates with the requesting user's and host user's n2 MusicShare browser software to facilitate a connection between the two users and initiate the downloading of the file without any further action on either user's ...
