MP3 music pirating may result in serious penalties

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CMU is cracking down on the distribution of pirated music via the Internet in an effort to curb the illegal practice before it “gets out of control.”
Mark Strandskov, network manager for the Office of Information Technology, said the problem lies in the misuse of MP3, short for MPEG Audio Layer 3, a process that compresses a song file into a manageable size. This process makes it convenient for listening to music on personal computers, creating custom audio CDs or downloading the music files into a personal MP3 player.
Making MP3s for personal use is not illegal, Strandskov
said, as long as the individual has purchased the copyrighted music
in some fashion or it has been legally obtained from a public domain,
like www.mp3.com. But sharing MP3s
is illegal, even if the files have been shared unknowingly.
“We’ve gone beyond recording cassettes and sharing them with buddies. Today you have millions of users who have free access to your music files and distribution becomes a bigger issue.”
Strandskov said many users utilize Napster, a program designed to allow for the sharing of MP3s.
“Napster makes it very easy to search and find MP3 files. One problem is that most users do not realize that Napster turns their system into a server as well as a client. In addition, the majority of the MP3 files they find are illegal pirated copies.”
Running Napster by itself as a client only is not illegal or against university policy, he said, but it is questionable.
“It is how most students use Napster that causes the violation.”
According to a February e-mail from University of Chicago Chief Information Officer Gregory Jackson sent to users of the University of Chicago network, the university has banned the use of Napster or any similar software on the campus or via the university’s network.
“Napster and its kin differ from other music-download services, such as mp3.com, in one key respect. When you install Napster’s software and download music, Napster keeps a record of what music it has placed on your computer,” Jackson said.
“Without your permission (except in the latest version), it then turns your computer into a server. When others request the same music from Napster that you have, the Napster server causes your computer to fulfill the request using university resources illegally and without authorization,” he said.
Strandskov estimated that 10 percent to 14 percent of CMU network resources are being used for this illegal practice. Aside from violating university policies, the practice violates state and federal laws, including the Unauthorized Duplication Statutes, Anti-Bootleg Statutes and U.S. Copyright Law, which can be punishable by up to five years in prison and $250,000 in fines.
The current Policies for Computing and Networking
Resources can be found at www.oit.cmich.edu/techops/rules.htm and the
current Code of Student’s Rights, Responsibilities and Disciplinary
Procedures can be found at www.cmich.edu/STUCODE.HTML.
According to written information from Mike Mosher of Merit Networks, CMU’s Internet-service provider, “Recording industry representatives believe many, possibly most, MP3 files are illegal pirated copies. Hence, users and universities could be sued for copyright infringement and unauthorized copying and use. In college dorms everywhere, few students seem to be concerned about this risk.”
If caught possessing illegal MP3s or sharing them with others, Strandskov said network access will be disabled until the offending material is removed from the system, an appointment is scheduled with the Office of Student Life, and the office contacts OIT to confirm the appointment has been made. After confirmation of the appointment, Strandskov said access to the network should be reactivated within one full working day.
“Removing the offending service, such as Napster, is not enough. All pirated MP3s should be removed as well,” Strandskov said.
The Office of Student Life will determine typical punishments for the illegal activity, he said.
“First time offenders could end up with a simple warning, six months probation or something worse.”
Strandskov said the university policy is a mere slap on the wrist compared to the state and federal penalties, but officials are hoping that it serves as a wake-up call.
“It’s (the CMU penalty) like, ‘Hello. Wake up. You’re an adult, act like one.’”
Students desiring help removing Napster or anything pertaining to the violation can call the OIT Help Desk at 774-3662.