aterial is not modified during transmission. Napster maintains that the 512(a) safe harbor thus protects its core function--"transmitting, routing and providing connections for sharing of the files its users choose." Def. Reply Br. at 2. Plaintiffs disagree. They first argue that subsection 512(n) requires the court to analyze each of Napster's functions independently and that not all of these functions fall under the 512(a) safe harbor. In their view, Napster provides information location tools--such as a search engine, directory, index, and links--that are covered by the more stringent eligibility requirements of subsection 512(d), rather than subsection 512(a). Plaintiffs also contend that Napster does not perform the function which the 512(a) safe harbor [*13] protects because the infringing material is not transmitted or routed through the Napster system, as required by subsection 512(a). They correctly note that the definition of "service provider" under subparagraph 512(k)(1)(A) is not identical to the prefatory language of subsection 512(a). The latter imposes the additional requirement that transmitting, routing, or providing connections must occur "through the system or network." Plaintiffs argue in the alternative that, if users' computers are part of the Napster system, copies of MP3 files are stored on the system longer than reasonably necessary for transmission, and thus subparagraph 512(a)(4) is not satisfied. Finally, plaintiffs note that, under the general eligibility requirements established in subsection 512(i), a service provider must have adopted, reasonably implemented, and informed its users of a policy for terminating repeat infringers. Plaintiffs contend that Napster only adopted its copyright compliance policy after the onset of this litigation and even now does not discipline infringers in any meaningful way. Therefore, in plaintiffs' view, Napster fails to satisfy the DMCA's threshold eligibility requiremen...
