A field trial lasting 17 days with 5 juvenile lemon sharks implanted with proximity receivers showed one receiver successfully recorded association data, demonstrating this shark associated with 9 other juvenile lemon sharks on 128 occasions.
The recording association argues, however, that the behavior of Napster users is not legal.
Hilary Rosen, president of the recording association, said she was disappointed.
The recording association asserts Napster is guilty of contributory copyright infringement.
The legal battle over Napster began in December when Time Warner Inc., the Sony Corporation, Bertelsmann and other record companies, represented by the recording association, sued the service for copyright infringement.
On July 7, the Monday after the Independence Day weekend, lawyers at Internet providers returned to their offices to find a blizzard of legal requests from the recording association.
The recording association said it would post a $5 million bond requested by the judge against any financial losses Napster could suffer from being shut down pending the trial.
Cary Sherman, the president of the recording association, said that the case "is inconsistent with both the views of Congress and the findings of the district court".
Alex Walsh, the vice president of marketing for the recording association, attributed the shift partly to the Internet, which allows busy working parents to shop from their desks.
And given the heated rhetoric from Mr. Bainwol and the record association, the coming negotiations may not be easy.
A representative of the recording industry hailed the news from Pew. "This is another data point that tells us that the lawsuits have had an impact," said Mitch Bainwol, the chairman and chief executive of the recording association.
