Napster opponents go for the jugular

While Napster tries to reinvent itself as a subscription service, the recording industry is going for the jugular.

The companies that have been pursuing the file-swapping service through the courts now want the trial judge to find in their favour without even bothering with a trial.

"Plaintiffs seek summary judgement on an issue that nearly two years of litigation have made plain: Napster is liable for contributory and vicarious copyright infringement, and Napster's infringing conduct was wilful," said a motion filed this week.

Napster has been closed down for several weeks now. Its website carries a message which reads: "File transfers have been temporarily suspended while Napster upgrades" its databases to support its new filtering technology.

The company recently installed chief executive Konrad Hilbers, a former executive with Bertelsmann, one of the major music companies that is working to transform Napster into a successful subscription-based business.

Hilbers this week gave an interview with German magazine Stern in which he said that Napster would charge about $5 a month for its new service, which should start in the autumn.

Analysts believe that the reason why the record companies suing Napster want a quick decision is to stop clones from gaining traction. A decision should be made by the end of September.