A&amp;M Records, Inc. v. Napster, Inc. (2000)A&amp;M Records, Inc. v. Napster, Inc. (2000) A&M Records, Inc. v. Napster, Inc. (2000) A&M Records, Inc. v. Napster, Inc., 114 F.Supp.2d 896 (2000), was the district court case which preceded the landmark intellectual property case of "A&M Records, Inc. v. Napster, Inc.", 239 F.3d 1004 (2001). The case was heard by Judge Marilyn Hall Patel of the United States District Court for the Northern District of California. Napster appealed this case to United States Court of Appeals for the Ninth Circuit. Procedural background. Plaintiffs alleged both contributory and vicarious copyright infringement by Napster, and on December 6, 1999, filed a motion for a preliminary injunction to  stop the exchange of plaintiffs' songs on the service immediately. In defense, Napster cited "Sony v. Universal City Studios" for the argument that (1) the users of its system were engaging in fair use and (2) the Napster software was capable of substantial non-infringing use. Napster also alleged (3) a First Amendment objection to the injunction, claiming it suppressed free speech. Holding. Judge Patel granted the preliminary injunction, on the grounds that the plaintiffs demonstrated a reasonable likelihood of success. First, she briefly observed that plaintiffs could show that "Napster users are engaged in direct infringement." Judge Patel then  turned to Napster's two arguments for why such third-party infringement was not illegal: fair use and substantial noninfringing use (the "staple article of commerce" doctrine from "Sony v. Universal"). Fair use. Judge Patel applied the four explicit prongs of the fair use test of . She then discussed the three specific uses that defendants alleged were "fair"—sampling, space-shifting, and the authorized distribution of new artists' work. First, she rejected that sampling was a personal (rather than commercial) use. She also commented that, Then, she rejected that the space shifting in this case was either a fair use or  protected under the staple article of commerce doctrine. Judge Patel found that Napster materially contributed to the infringing activity. She cited "Fonovisa, Inc. v. Cherry Auction, Inc.", and agreed with plaintiffs' characterization that "Napster is essentially an Internet swap meet," noting that "Napster supplies the propriety software, search engine, servers, and means of establishing a connection between users' computers. Without the support services defendant provides, Napster users could not find and download the music they want with the ease of which defendant boasts." She cited Sega II, where an electronic bulletin board service, acting as a central depository for unauthorized  copies of compute games, materially contributed to infringement "because it provided software, hardware, and phone lines needed for uploading and downloading copyrighted material"; and "Religious Technology Center v. Netcom", which held that an Internet access provider, in its degree of control over infringement, is less like a landlord than like a radio station replaying infringing broadcasts. The court found sufficient evidence of supervisory control in the fact that Napster can block users about whom rights holders complain. The court found this element easily satisfied. Remaining arguments. The court also rejected defendants' first amendment challenge, misuse of copyright defense, claim of  waiver, and claim that plaintiffs failed to present evidence of copyright registration. Preliminary injunction. The court considered the applicable law regarding preliminary injunction relief, and found an injunction appropriate. A&M Records, Inc. v. Napster, Inc. (2000) A&M Records, Inc. v. Napster, Inc., 114 F.Supp.2d 896 (2000), was the district court case which preceded the landmark intellectual property case of "A&M Records, Inc. v. Napster, Inc.", 239 F.3d 1004 (2001). The case was heard by Judge Marilyn Hall Patel of the United States District Court for the Northern District of California. Napster appealed this case to United States Court of Appeals