Napster and BMG decided to work together to produce a paying version of the file-sharing program on Tuesday but that does deter the lawsuits from Dr. Dre and Metallica. Their lawyer Howard King told MTV News that " "At some point in time, Napster is going to have to pay the price for the hundreds of thousands of infringements that occurred [on the service]," King said. "If Napster goes to a subscription model, where the only music that is available is with the consent of the artists, Metallica and Dr. Dre will be happy with that, but that doesn't mean we forgive and forget the past infringements." Recording Industry Association of America president, Hilary Rosen thinks that the courts should teach Napster and other online music companies a lesson.

It has not been determined how the new version of Napster will work. BMG will not drop its copyright infringement lawsuit against Napster until the new service is active. It will be available to subscribers for a monthly fee with higher sound quality. BMG and the other five major record labels sued Napster last year on the grounds the service is a violation of copyright infringement. A panel of U.S. Court of Appeals judges is deciding whether to uphold a lower court's injunction against Napster in the suit, which the company said would force them to stop service to their 38 million users.