I. INTRODUCTION AND SUMMARY OF ARGUMENT In the fall of last year Napster introduced its revolutionary peer-to-peer file-sharing technology based on a real-time directory of Internet files created, named, and controlled by individual Internet users that are available for immediate sharing with other Internet users on a one-to-one basis. Because of the advantages of peer-to-peer technology and the extent to which it empowers individual Internet users, theimportance of Napster's technology has been widely recognized. Intel Chairman Andy Grove: "The whole Internet could be rearchitected by Napster-like technology." Yahoo President Jeff Mallett: "Peer to Peer is going to change traditional companies' models ... and change the model for Internet companies as well." (Washington Post, July 18, 2000 p. 2) Even Recording Industry Association of America President Hilary Rosen acknowledges with respect to Napster technology that: "Not only could it be used legitimately, there are certainly no illusions by me or anybody else that I work with that somehow, depending on the outcome of this lawsuit, file sharing or file copying gets put back in the box. ... Innovation is certainly here to stay. Peer-to-peer is here to stay." (CNET News.com July 20, 2000) Although Napster's Internet directory can be used for a large variety of files, the primary initial use of the technology (and the purpose for which it was initially designed) is to provide Internet users with a list of other users who are prepared to share, on a one-to-one noncommercial basis, certain music files. Noncommerial sharing of music among individuals is common, legal (expressly approved, inter alia, by 17 U.S.C. §1008), and accepted. Even the RIAA's President says: "It's cool to make tapes, it's cool to trade them with your friends. It's good to share music." (National Public Radio broadcast, June 7, 2000) The District Court entered a preliminary injunction against Napster, based on its conclusion that Napster contributed to the illegal distribution of copyrighted music. In so doing the court resolved several issues of first impression against Napster, in favor of the record industry, and in a way that limits the exchange over the Internet of information that could indisputably be lawfully exchanged in other ways.