Copyright violations may draw action

In the tangled web woven by Napster's legal problems, individual users of the service have yet to be charged with violating copyright infringement. But with the lawsuit against the program bogged down in a federal appellate court, it is still unclear whether downloading a commercially available song from Napster can be regarded as copyright infringement. Earlier this month at Oklahoma State University's Stillwater campus, one student's computer was confiscated after university officials were alerted to possible illegal activities. Oklahoma State received a fax from the Recording Industry Association of America -- who have also filed a lawsuit against Napster -- saying that someone on its network was transferring massive amounts of copyrighted files. A search warrant was issued by Payne County, Okla., allowing officials to confiscate the student's computer and search the hard drive. The student allegedly maintained his own Web site with access to over 10,000 copyrighted media files. Not all of the files, though, were MP3s or from Napster. The student has not been arrested, but is at the center of an ongoing investigation. Nestor Gonzales, a spokesman for the school, said he feels the student has thus far been dealt with appropriately. "As network providers, the university has to take some action," Gonzales said. But he added that they "don't just sit around policing." Oklahoma State "has been waiting to see what the courts decide" in the case before taking their own disciplinary action. The student could face anything from misdemeanor to felony charges for copyright infringement. The arrest comes at a time when several prominent universities, including Penn, are deciding whether they will allow Napster use on their campuses. An attorney for musicians Metallica and Dr. Dre sent letters to 29 schools this month requesting that they ban the Internet music service. According to David Millar, Penn's own security officer for data administration, the steps taken against the Oklahoma State student are rather surprising. "Confiscating student computers for copyright infringement is pretty unusual," Millar said in an e-mail statement. He said Penn, and most other universities, probably would have dealt with the issue differently. "I think we're fairly typical of most of our peers in how we handle claims of copyright infringement," Millar said. Penn policy mandates that when a complaint is filed, the owner of the computer is first notified. If the individual does not remove any infringing material, the network connection is disabled. After the network connection is disabled, Information Systems and Computing would file a complaint against the student with the Office of Student Conduct, who would then be in charge of disciplinary action. Whether complaints will be filed against individuals who use Napster is still up in the air at most schools, since the legality of Napster is still unclear. Only after the courts determine if Napster is legal can other parties be dragged into the fray. As for the Oklahoma State student, the legal question is not about Napster, but about the student's own copyright infringement and the extent to which he participated in breaking the law.