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it, and come up with a program that will help identify infringing items,” Patel said.

The ordinarily composed Boies saw everything falling apart as Patel spoke. He clutched a red pen tighter and tighter, until the ink squirted out on his hands. As Patel invited the record industry to submit proposed wording for what would become the formal injunction, Boies tried to say it would be technologically infeasible to carry out what she was ordering, and that Napster executives didn’t even have a list of what songs were infringing. “That’s their problem,” Patel said. “They created the ‘monster.’”

Patel asked Frackman when the industry would like the injunction to take effect. But Frackman was still recovering from his surprise at having won almost the entire case in a single day. “It was obviously a huge victory. It was one of the most public victories we had ever had. I had given one of the best arguments I had ever given, a long argument in a long day. And it had been a long eight months since we had filed the suit.” Watching Frackman’s next move from the audience were Hilary Rosen and other RIAA officials, plus lawyers from Universal, Sony, and Bertelsmann’s BMG label. Frackman got to his feet slowly and started walking to the podium, trying to think of a way to say “immediately” without appearing ruthless. He stalled during the ten-foot walk by looking at the clock. Patel saw him do it. Frackman saw her watching and moved to take advantage. “Right now,” he said, as mildly as he could. “And you’re looking at the clock, not the calendar,” Patel said, getting a laugh from the record-company partisans.

Frackman said that if Patel didn’t act quickly, there would be “a rush to the computer and enormous amounts of downloading.” Boies complained that Napster couldn’t sort out legitimate use from illegitimate use quickly enough and would have to shut down. Patel’s voice dripped sarcasm: “What about all those substantial noninfringing uses you were trying to convince me of?” She ruled that the injunction would take effect two days later at midnight, and she refused Boies’s request for a stay of her order while Napster appealed to the Ninth Circuit. The gavel rapped, and the reporters sprinted from the court.

As Napster’s lawyers huddled in the room, Shawn’s eyes filled with tears. He looked down at his hands and started picking at and pinching