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("Napster"). Now [*2] before this court is defendant's motion for summary adjudication of the applicability of a safe harbor provision of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. section 512(a), to its business activities. Defendant argues that the entire Napster system falls within the safe harbor and, hence, that plaintiffs may not obtain monetary damages or injunctive relief; except as narrowly specified by subparagraph 512(j)(1)(B). In the alternative, Napster asks the court to find subsection 512(a) applicable to its role in downloading MP3 music files, n1 as opposed to searching for or indexing such files...
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