Napster Inc. has told a federal appeals court in San Francisco that recording companies suing it for copyright violations are seeking ``to kill or control a technology that is not theirs." The San Mateo software company made the statement in a final brief filed yesterday with the 9th U.S. Circuit Court of Appeals. The court will hear arguments Oct. 2 on whether to uphold an injunction that would block Napster from enabling millions of users to share computer files of copyrighted music for free.

Napster says injunction would ``shut down Napster entirely." The appeals court has suspended the injunction until it rules on the case.

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