EMusic, a web site that offers licensed MP3 files to paying subscribers, is identifying and trying to stop Napster users that are downloading song files for which EMusic has arranged a distribution deal with record publishers. EMusic has deals that give it a library of over 140,000 song files.

EMusic has developed a software application that searches for Napster users that it says are illegally distributing songs. When an infringing user is identified, he/she will receive an instant message from EMusic making the user aware of the infringement and providing a 24-hour grace period to stop distributing the track. After 24 hours, if the user continues to make the tracks available via the Napster service, EMusic will tell Napster of the infringement and demand that Napster blocks the continued distribution. EMusic is basing its demands on the US Digital Millennium Copyright Act.

EMusic claims that it only wants to prevent the distribution of particular files. Napster says that the only action it can and will take is to cut off users' accounts completely as what EMusic suggests is technically infeasible.

Napster have always maintained that members using the file-sharing service is not breaking the law. The solution proposed by Napster has the advantage that blocked users can simply re-register with different usernames.

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