They can either uphold or overturn the original injunction, or they can send it back to Judge Marilyn Hall Patel, who issued the original injunction, for reconsideration. They also can hope that the two battling parties, Napster and the Recording Industry Association of America, can settle the issue amongst themselves, although that seems unlikely. For Napster, an opinion upholding the original injunction would almost certainly be its death knell. The two sides would likely move to trial at the district court level, although Napster's main draw would remain closed throughout the process. Even if Napster won a trial, which lawyers say probably wouldn't start until next year, it would likely suffer erosion of its customer base, making it less attractive to potential buyers or future investors.
Attorneys following the case, however, say the original injunction is unlikely to be upheld.
The appeals court probably wouldn't have heard the case if it didn't believe that the original decision merited review. And the fact that they are not rushing to a decision would seem to indicate that they are not too worried about the losses the record companies claim to be suffering as Napster customers trade songs. Overturning the original injunction also is unlikely, attorneys say. But in that event, Napster would be allowed to continue operating its service as the two sides prepared for trial and met in court. Legal experts are betting that the panel of judges will send the case back to Patel.