Before examining the issue of Napster's liability we must first decide if the users are actually violating copyright laws by downloading the music and burning their own compact discs. Under the Audio Home Recording Act (AHRA) consumers do have the right to create and transfer digital music for noncommercial purposes. Napster seeks protection for it's users and thereby

itself under the AHRA. In contrast, the RIAA claims this theory can be refuted because the AHRA would not apply to the massive wholesale copying that Napster and it's twenty million users conduct on a daily basis. Legally the AHRA does protect citizens who copy music using digital recording devices at home for personal use. However, it has been legally decided that computers do not constitute digital recording devices and therefore the AHRA cannot be used to protect Napster or it's users. Therefore because computers do not currently qualify as acceptable devices under the AHRA, Napster's users are technically infringing upon the copyrights of the artists and record labels by downloading their work even though these copies are strictly made for personal use.

Napster has also sought protection under the First Amendment and it's users right to freedom of speech, but the courts have clearly stated that this amendment "is not a license to trample on legally recognized rights in intellectual property.... it is no longer open to doubt that the First Amendment does not shield copyright infringement." (www.stopnaster.com/legal.html) Therefore Napster has no legal standing under the First Amendment nor do its users have the right to share files under this doctrine.

Now that we have clarified the fact that Napster users are indeed infringing upon copyright laws the final legal question that aris

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