All we were trying to do was get our story out there, which is that we have a viable technology and business model.

In just over a year Napster has attracted a community of more than 20 million music fans who are sampling music, discovering new artists, buying CDs and sharing their passion for their favorite artists in our chat rooms.

It's an attempt to save Napster absolutely...and what we're trying to do is say to the record industry is that we've been saying these things in private to you for nine months -- now we're saying these things in public.

What we've asked for is to have some input in the injunction process and we are looking for ways to comply with the language in the 9th circuit opinion.

We've been too busy to be involved in any meaningful settlement negotiations, so there's nothing ongoing at this time.

The problem with the study is that big-box retailers and online retailers are not within the area studied. Overall, record sales are up more than 8 percent year-to-year (but) sales at independent record stores are down more than 4 percent.