The groups cited a report by Field Research Corporation following a study conducted of 2,555 college students who were internet users that “shows a direct correlation between Napster use and decreased CD sales.“
"(Nearly half) of Napster users... described the nature of its impact on their music purchases in a way which either explicitly indicated or suggested that Napster displaces CD sales," said the Field Study.
According to statistical analyses filed with the Court, essentially every single Napster user sampled was engaged in some copyright infringement while using the Napster service and the overwhelming majority of songs actually copied and downloaded on Napster, over 87%, are infringing.
A preliminary injunction will, if granted by the court, immediately stop the operation of the Napster service pending a full hearing on the copyright infringement case.
The RIAA and NMPA argued that a preliminary injunction is necessary because the music industry will likely succeed on their claims of contributory and vicarious copyright infringement and because Napster is causing irreparable harm to the entire music industry.
"This is not just about on-line versus off-line," said Hilary Rosen, president and CEO of the RIAA. "Most in the on-line business community recognise that what Napster is doing threatens legitimate e-commerce models - and is legally and morally wrong."
The original lawsuit, which was filed on 7th December, 1999 by the RIAA on behalf of its member companies, charges Napster with contributory and vicarious copyright infringement.
The RIAA is a trade association whose members create, manufacture and/or distribute approximately 90 percent of all legitimate sound recordings produced and sold in the United States.