The Recording Industry Association of America filed a motion Monday (6/12) seeking a preliminary injunction against Napster in an effort to shut down its MP3 file-trading network. The motion comes in the wake of numerous copyright infringement lawsuits recently filed against Napster.

The motion--filed jointly by the RIAA and the National Music Publishers Association (NMPA)--asks the court to restrain Napster "from engaging in, or enabling, facilitating or assisting others in the copying, downloading, uploading, transmission or distribution of copyrighted musical works."

The motion was accompanied by a number of declarations written by music and entertainment industry executives who support the request for an injunction, including MP3.com CEO Michael Robertson. Robertson claimed that Napster users are illegally trading music copyrighted by MP3.com.

Earlier this year, a California judge ruled that MP3.com was liable of copyright violations in a lawsuit filed against it by the RIAA and the company has recently begun settling damage claims with the plaintiff record companies.

Such motions are frequently filed in cases of this sort. The court's decision on whether or not to grant an injunction is based upon both the likelihood that the plaintiff--in this case, the RIAA--will win its pending lawsuit, and the presumption that the defendant--in this case, Napster--is presently causing the plaintiff harm that must be stopped immediately, prior to the outcome of the lawsuit.

"There can be no doubt that Napster was designed for the purpose of facilitating piracy," reads the motion, "and that Napster knows full well that its users are using its service overwhelmingly to trade pirated MP3 files."

As evidence to support its claim, the motion included several excerpts allegedly taken from internal Napster documents in which Napster co-founders Shawn Fanning and Sean Parker are quoted.

"Napster users know that by connecting to Napster, they have access to any music they want, absolutely free," reads one excerpt attributed to Fanning. "[The key is] to grow our user base, and then use [this] user base coupled with advanced technology to leverage the record companies into a deal."

Another excerpt attributed to Parker references Napster's users' ability to remain anonymous, and underscores his apparent knowledge that his creation is being used for piracy.

"Users will understand that they are improving their experience by providing information about their tastes without linking that information to a name or address or other sensitive data that might endanger them, especially since they are exchanging pirated music," reads the Parker excerpt.

After filing the motion, The RIAA issued a statement quoting a study conducted by the Field Research Corporation that claimed that more than 87-percent of Napster users are illegally downloading copyrighted music. The study further claimed that Napster use was resulting in a decrease of CD sales.

Napster's Interim CEO Hank Barry issued a lengthy statement on Tuesday (6/13) in response to the motion.

"This case is about whether it is legal to share MP3 versions of sound recordings over the Internet," said Barry. "We say yes--the major labels say no."

Barry's statement further refuted the RIAA's claims that Napster use is decreasing CD sales.

"Napster is interesting people in music and driving them to buy music," he said. "Napster is a powerful tool and I have no doubt we will win this case on the merits, and that we will continue to benefit from the support of our community, artists, and--yes--even the record companies, whose executives already know the simple truth, Napster has been and will be very, very good for music--and for music sales."

Napster will file a legal brief on July 3 in response to the motion for an injunction against it, according to reports. The RIAA will file its final response on July 13, and the judge presiding over the case will rule on whether or not to grant an injunction to shut Napster down on July 26, reports indicated.