Judge Refuses To Dismiss Record Industry's Napster Suit

Recording Industry Association of America pursuing copyright-infringement claim against software maker.

A federal judge ruled Friday against Napster Inc.'s request to dismiss a copyright-infringement suit filed by the Recording Industry Association of America, the RIAA announced.

Napster, maker of the popular MP3-sharing software of the same name, argued that it is protected against liability under the Digital Millennium Copyright Act because its program simply allows people to transmit information over the Net but does not control what users transmit.

"The upshot of the court's decision is to move the case ahead," Napster lawyer Laurence Pulgram said in a statement Saturday.

Judge Marilyn Hall Patel also delivered a victory to Napster. According to the software company, she denied the RIAA's request for a ruling that the DMCA does not apply to Napster.

RIAA representatives were not available for immediate comment.

Metallica and Dr. Dre recently filed their own infringement suits against Napster.