In its "Copyright Policy," Napster solemnly warns visitors that:
Napster does not, and cannot, control what content is available to you using the Napster browser. Napster users decide what content to make available to others using the Napster browser, and what content to download. Users are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws.
Insisting that "Napster respects copyright law and expects our users to do the same," it purports to demand from users a promise not to employ the service for illegal purposes:
As a condition to your account with Napster, you agree that you will not use the Napster service to infringe the intellectual property rights of others in any way. Napster will terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others.
Finally, in conformity with its obligation under the Digital
Millennium Copyright Act, Napster promises to "respond expeditiously
to claims of copyright infringement committed using the Napster
service that are reported to Napster's 'Designated Copyright Agent.'"