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Harvard Stays Clear of Napster Battle

"The law provides that carriers of data are generally not liable," he says.

According to the DMCA, ISPs cannot be held accountable for material transferred over their lines, provided that the transmission of material is entirely automated and not filtered in any way.

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This is may be why Yale's partial ban attracted Metallica's attention.

"We do believe that Yale is an Internet service provider and has no liability under the [Digital Millennium Copyright Act]," Yale General Counsel Dorothy Robinson told the Yale Daily News last month.

But according to Updegrove, Yale has acquiesced to Metallica's demands, at least temporarily.

"This is still under review," he writes in an e-mail message.

Franklin M. Steen, director of Harvard Arts and Sciences Computer Services (HASCS), says that his office would only implement a ban under three conditions.

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