previously reached settlements with Warner Music Group and BMG and is negotiating with Sony Music Entertainment and Universal Music Group.

A federal judge said Friday a trial is still necessary to decide if willfully infringed on copyrights of major record companies by letting people store copied songs on its computers.

Michael Robertson,’s chief executive officer, said he still hoped a settlement could be reached to avert a trial, tentatively set for Aug. 28.

“We hope for a business resolution. We still do,” he said. “That’s the way you combat the Napsters”

Unlike Napster, which allows individuals to swap music in the popular MP3 format, allows people to listen to songs but not download them to their individual computers.

The settlement with EMI allows to include music from EMI record labels in its “” listening service once complaints by the other major labels are settled and the service is restored. The exact terms were not released, but analysts believe will pay EMI $20 million.

“This settlement ensures that copyright owners and creators are compensated fairly,” said Jay Samit, an EMI senior vice president.