MSU will not block the music-sharing service Napster, according to a university letter released Friday.
An attorney for rock band Metallica and rapper Dr. Dre requested that the site be blocked on the university’s computer system until a pending federal court case by the musicians against Napster is decided.
MSU and at least 10 other universities received the request Sept. 8. The letter said using Napster is a copyright infringement.
Napster is a file-sharing system that allows users to download songs across the Internet.
MSU Vice Provost for Libraries, Computing and Technology Paul Hunt said in the letter to the attorney that MSU will review the situation after the federal court case is decided.
“We are watching carefully the case in the federal 9th Circuit Court of Appeals for a final decision,” Hunt told The State News on Monday.
Until then, MSU computer users can continue to access Napster.
However, Hunt’s letter did quote sections of MSU’s acceptable use policy for its network.
“Users are responsible for informing themselves of, and complying scrupulously with, the license and copyright provisions of the software that they use,” the policy states.
MSU students and university employees acknowledge the policy when they open their Pilot e-mail accounts.
“I think as Dr. Hunt’s letter indicates, we have a policy which covers clear legal situations,” Provost Lou Anna Simon said. “The Napster legal situation is not yet clear.”
The policy states MSU computer system users must “respect the legal protection provided by copyright and license to programs and data.”
Napster successfully fought an injunction from a lawsuit by the Recording Industry Association of America to shut down the site this summer. The recording industry argues that downloading material from Napster equals theft, while Napster argues the use of its site is similar to listening to someone else’s CD collection.
At least seven other universities, including the University of Michigan, have said they will not agree to the plaintiff’s request.
In April, Indiana University, the University of Southern California and Yale University were named in Metallica and Dr. Dre’s lawsuit. The schools were dropped from the suit after they blocked Napster.
The letters, including the one to MSU, did not threaten legal action.
Howard King, the plaintiffs’ lawyer, did not return phone calls Monday.
Finance sophomore Jon Bracci said he uses Napster occasionally, and he agrees with leaving Napster on MSU’s computer system.
“(The university officials) should go with the court’s decision, but until then leave it on there,” he said.
He said the artists suing Napster are wrong in the first place.
“I don’t think it should be banned at all,” Bracci said. “It think it’s part of the technology. Just because they’re losing money, it’s their problem. They make enough money on their concerts and people still buy records.”
Daniel Pepper can be reached at pepperda@msu.edu.
