Mediator appointed in Napster case

A US federal judge has appointed a mediator in the copyright dispute between the recording industry and the free web-based song swapping service, Napster.

US District Judge Marilyn Hall Patel ordered the two sides to meet even before the ninth US Circuit Court of Appeals ruled against Napster last week, according to an attorney representing the recording companies.

Judge Patel appointed retired federal judge Eugene Lynch as the mediator. Lynch has held at least one session with the two sides and has another scheduled. Courts were closed on Monday and Judge Patel could not be reached for comment.

Last week, the ninth US Circuit Court of Appeals upheld Patel's ruling that Napster users violated copyright law. The three-judge appeals panel also told Judge Patel to modify and rewrite her 26 July injunction so that Napster is barred only from distributing music where it knows there is an infringement of copyright.

With Napster admitting that its service cannot continue in its current form, record labels will be well positioned during any mediation.

Calls to Napster were not returned.