part. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - - n2 Napster uses the term "host user" to refer to the user who makes the desired MP3 file available for downloading. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [*5] According to Napster, when the requesting user clicks on the name of the desired MP3 file, the Napster server routes this request to the host user's browser. The host user's browser responds that it either can or cannot supply the file. If the host user can supply the file, the Napster server communicates the host's address and routing information to the requesting user's browser, allowing the requesting user to make a connection with the host and receive the desired MP3 file. See Declaration of Edward Kessler ("Kessler Dec."), Exh. B; Reply Declaration of Edward Kessler ("Kessler Reply Dec.") P 22. The parties disagree about whether this process involves a hypertext link that the Napster server-side software provides. Compare Pl. Br. at 9 with Def. Reply Br. at 10 n12. However, plaintiffs admit that the Napster server gets the necessary IP address information from the host user, enabling the requesting user to connect to the host. See Declaration of Daniel Farmer ("Farmer Dec.") P 17; Declaration of Russell J. Frackman ("Frackman Dec."), Exh. 1 (Kessler Dep.) at 103-05. The MP3 file is actually transmitted over the Internet, see, e.g., Def. Reply Br. at 3, but [*6] the steps necessary to make that connection could not take place without the Napster server. The Napster system has other functions besides allowing users to search for, request, and download MP3 files. For example, a requesting user can play a downloaded song using the MusicShare software. Napster also hosts a chat room. Napster has developed a policy that makes compliance with all copyright laws one of the "terms of use" of its service and warns users that: Napster will terminate t...
