Online music company

MP3.com

(MPPP)

was up 12.7% in midafternoon after an appeals court upheld an injunction against

Napster

, the music-swapping site that record companies accuse of facilitating copyright infrngement.

Napster said the ruling sets the stage for its shutdown and it will appeal.

EMusic

(EMUS)

, another commercial music site, was up 22 cents, or 53.9%.