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Online music company

MP3.com

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

Napster

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, 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

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