University Warns Against Illegal Use Of Napster Software
09-25-2000
In response to recent court proceedings regarding copyright issues and the Internet, the University last week sent out e-mail letters to all faculty, staff and students regarding the use of computer programs such as Napster on computers connected to the University’s network.

Napster is an integrated browser and communications system provided by Napster Inc. that enables users to locate and download music available on the Internet in the MP3 music format. Although no music files are stored on Napster’s computers, the program connects to the company’s computers over the Internet every time it is run, meaning Napster Inc. can track usage exactly.

Last July a federal judge issued a preliminary injunction against Napster for infringement of copyright. An appeals court stayed that injunction pending a hearing next month.

While there are MP3 files on the Internet which can be legally downloaded, a great number are copyrighted. Copying of copyrighted material without the permission of the owner is a violation of state and federal laws, as well as University policy.

In the letter to employees and students, Rodney A. Erickson, executive vice president and provost, explained that while the University does not intend to curtail legitimate use of the software, the University has an obligation to ensure that its networks and computers are not used to violate the law or University policy. The University regards these violations as a very serious matter. Those found to have used the University network to infringe copyrighted works will have their access accounts suspended.

To make sure computers connected to the University’s network are not in violation of copyright laws, the University has done initial scans of its networks to determine the use level of programs like Napster. These scans do not examine the content of a particular computer in any way but do determine traffic characteristics. The scans suggest that some employees may be making extensive use of Napster and other programs that can facilitate illegal copying of copyrighted material that belongs to another person, group or company.

There also is evidence from these scans that computer viruses have been transmitted in the process, without the users’ knowledge.

All users should be aware of the University’s program of continuous review of network traffic to identify copyright violations, viruses or other unsanctioned activities. All computers attached to the Penn State network in any way are subject to such review. If the review uncovers symptoms of these problems, the user will be contacted for further review of network use and assistance will be available to eliminate any problems that exist.