Penn State Students Comply With University Request To Cease Illegal Use Of Web-Based Software
November 10, 2000
University Park, Pa. -- Penn State's recent message to all faculty, staff, and students urging the cessation of illegal use of Web-based programs (such as the well-publicized Napster) has had a very positive impact, according to University officials.

The notice, delivered on September 21, was sent via e-mail to all computer account holders at Penn State to clarify the definition of illegal network use and detail the consequences of such actions. In the message, Rodney Erickson, executive vice president and provost, stated that although the University has not banned Napster or the legitimate use of it and similar software, Penn State "has an obligation to ensure that its networks and computers are not used to violate the law or University policy." Using the software to download music and other copyrighted material without the owner's permission is a violation of both of these, according to the notice.

"In general, we've found that there's been high support for Penn State's action, said Gary Augustson, vice provost for information technology. Most people understand that their compliance will benefit not only them - but the entire Penn State community."

Augustson added that although copyright infringement is an extremely critical issue, it is not the only reason individuals are responding positively to the University's request. Community awareness is growing that those who perform illegal downloads can also significantly reduce Internet bandwidth for fellow students and staff members at Penn State. "These heavy downloads can potentially overload the University network, making it more difficult for legitimate users to access e-mail or use the Web as a research tool," he commented. "So Penn State has been working to raise awareness of both copyright and bandwidth concerns."

After the e-mail notice went out, the University's monitoring efforts detected that there was still some network activity that appeared consistent with heavy downloads - indicating that some students may not have been in compliance with the request. Over 100 students identified as possible violators were asked to verify that their activities on the University network were of a legal nature. All students notified complied with this request. However, officials plan to continue to monitor Penn State's networks for any future misuse.

"Many people just don't realize how serious this issue is," Russell Vaught, senior director of the Center for Academic Computing (CAC), stated. "An individual who participates in copyright infringement is subject to civil - and in some cases criminal penalties. It's really not much different than walking out of a store with a CD in your pocket that you haven't paid for."

Several recent national events underscore the University's concern about copyright violation. For example, last year a University of Oregon student was sentenced by a federal judge to two years' probation and limited access to the Internet, after pleading guilty to charges that he had illegally distributed copyrighted materials using the campus computer network.

As the first person to be charged under the 1997 No Electronic Theft Act, the student faced a penalty of up to three years in prison and up to $250,000 in fines, depending on the value of the copyrighted material he distributed. In a similar case, campus police officers at Oklahoma State University seized a computer from a student who was accused of distributing copyrighted music this September.

The incident occurred after the Recording Industry Association of America (RIAA) faxed a complaint to the University network security officer about the large volume of music and movies that were being disseminated via the institution's network.

The fact that applications like Napster have the potential to use large portions of the University's network is an equally troubling concern, added Vaught, since network capacity is very expensive and must compete with other legitimate uses for the same funds.

"The trade off between institutional use for items like education, research, and administration versus essentially private use (for downloading music and other items via software like Napster) is one that poses a real dilemma for the University," he said. "It will take some time to sort all of this out in a way that balances institutional requirements for scholarship and the goal of an open community that values free expression."

As the complexity of the copyright issue grows, recording companies and Internet distributors alike are beginning to search for new ways to make legitimate Web-based distribution of music and other copyrighted material possible. Several recording companies have been working with the RIAA and various technology firms on a project called the Secure Digital Music Initiative (SDMI), in an effort to set up specifications for secure music downloads on-line and onto portable devices.

In addition, the recent decision of the German entertainment conglomerate Bertelsmann AG (BMG) to settle with Napster out of court and form a business partnership, points to the possibility of collaborative solutions.

Augustson believes initiatives like these, and similar ones, may ultimately resolve the copyright issues institutions face today - but for now Penn State will need to remain vigilant.

"The recent announcement that BMG and Napster reached an agreement does not change the fact that copyright infringement is illegal," he maintains. "It does, however, indicate that this technology has great potential for the distribution of music and other media - a key reason why Penn State didn't block Napster outright, as some other universities have. With legitimate use of this technology, publishers can reduce the cost to the consumer while providing income to artists, so that they'll be able to continue producing new material. Everybody wins when that happens."

To learn more about Penn State's copyright policies see: http://www.psu.edu/ur/copyright.html or http://cac.psu.edu/policies

Contact: Heather Herzog
Computer and Information Systems

863-7766 or 237-0701