The beleaguered song-swapping service, Napster, is free to go back online after a court overruled an earlier injunction to keep it off the web.

Napster has effectively been given the green light to resume operations, despite an order last week that it should remain offline until it perfects its methods of filtering out non-copyrighted songs.

But while the decision overturns last week's ruling, it is unclear whether Napster will put its controversial service back online as it is about to launch a paid-for subscription service.

Jonathan Schwartz, Napster's general counsel, said in a statement: "We're pleased that the US Court of Appeals granted our request for a stay. We're studying the implications of the decision. We continue to push ahead with the launch of our new membership service later this summer."

Napster went offline on July 2 to install new software to improve its filters but a week later a district court judge ordered the site to stay offline unless it could guarantee 100% removal of copyrighted songs.

Napster, which has been assailed in the courts by the recording industry for more than a year in a dispute over copyright, plans to start charging members for copyright-protected material.

Related story:
12.07.2001 Napster to stay offline