File sharing incurs heightened attention

Haven't seen the new controversial movie 'The Passion'? Just one week into its theatrical run, bootleg reproductions are available, complete with images of people walking in front of the screen. But people don't even need to walk down Canal Street to get home access to this new release — all they need is a computer.

Through file sharing, everything from new movie releases to music to TV shows are available for download. However, this type of downloading and file sharing often violates the copyrights of the entertainment industry, as is evident by the hundreds of lawsuits levied on copyright violators. The University has taken notice.

This academic year, a new disciplinary system was instituted to punish illegal file sharing at the University, according to Associate Dean of Undergraduate Students Hilary Herbold.

Under this system, a first offense carries the penalty of a Dean's warning; a second offense is punished with six months of probation; and the repercussion for a third violation is nine months to one year of probation and loss of network privileges.

"We decided that the penalties that we had previously really weren't in line with penalties that we had for comparable offenses. We decided that we needed to send a clearer stronger message about file sharing," Herbold said.

However, this system provides only general guidelines. Each case is considered individually and dealt with accordingly. Some infractions are dealt with more seriously, even after a first offense. Herbold cited examples of serious cases as downloading movies still in theaters or large quantities of files.

The administration is trying to provide the student body with more information regarding file sharing and its consequences.

"My impression from talking to students is often that they haven't really considered what it means to be downloading or sharing a file," Herbold said.

"I think the fact that we do have disciplinary penalties, unfortunately, is one way that students may pay attention to something they otherwise might not really give much thought to," she said.

Informing students about the world of copyright law and infringement, including discussions and talks in the residential colleges, is one way the administration is combatting this perceived lack of knowledge.

One such discussion occurred Wednesday evening in Wilson College, where Dr. Kathleen Crown, director of studies for Wilson College; Rita Saltz, OIT director of information services; and Clayton Marsh '85, a lawyer in the University general counsel's office, discussed these issues.

Copyright infringement

Saltz described the process whereby University network users, mostly undergraduates, are accused of digital copyright infringement.

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First the copyright holder, whether it be the Recording Industry Association of America, a film studio or even a software manufacturer, files a complaint with her. She can then use the computer information they provide to identify the accused party.

Saltz then notifies the individual and the appropriate University authorities of the complaint. The accused has the opportunity to admit to the infraction or deny it, but if infringement exists, it must be corrected promptly to protect both the student and the University from further liability.

Often, a student must meet with the appropriate disciplinary authority regarding the complaint, as well as report back to Saltz so she can close the case with the accuser.

"We are not in the business of policing [the network] for content," Marsh said. "We have to hear from the copyright holder."

And these copyright holders are actively pursuing infringers on campus.

Saltz said she has received a total of 179 complaints so far this year, including 61 from RIAA and 60 from the Motion Picture Association of America. She said she also receives infringement complaints from software and computer game manufacturers. The number of complaints this year has increased sharply from last year at this time, when only 82 complaints had been filed.

Though few students attended the event, those that came said they were genuinely concerned with the state of intellectual property and file sharing. "I think [my peers] feel it's a very victimless crime, but I know creative people," Brian Shiau '05 said. "We might get a job to earn money, but [artists] rely on what they are creating and selling to get by."

"It is important to educate people on why it's wrong because, even if there is a law and punishments in place, if people don't believe it's wrong they'll still do it," he said.