Sophomore Steve Laliberte explained that he feels he is safe from litigation initiated by the film and music industries because, he does not share his music on peer-to-peer networks; he merely downloads.Like many students at Roger Williams University, Laliberte describes himself as a habitual P2P user, who downloads a large number of music files. "Nothing's going to stop me from downloading music," said Laliberte.
But according to Joseph Pangborn, director of information technology at RWU, downloaded files are quite easy to track. In fact, those who download files are more at risk than those who share them.
Laliberte said that the new network policy issued by Pangborn and Heidi Hartzell, director of judicial affairs, will serve as no deterrent for his downloading habits. In addition to being an avid user of P2P networks, Laliberte is friends with one of the three RWU students who have been named in inquiries made by the film industry.
Like many students, Laliberte has written off industry and IT warnings as 'scare tactics.' But students like Laliberte may not be immune to the watchful eye of the entertainment industry.
What does a Yale University professor, a 71-year old grandfather in Texas, an unemployed woman in New York and a 12-year old girl in Los Angeles all have in common?
They are the targets of civil lawsuits filed by the Recording Industry Association of America, proving that anyone can fall under the copyright litigation umbrella. Meanwhile Universal Studios and Columbia Pictures contacted RWU, questioning the downloaded material of three students registered on the campus network.
For years students have used college networks as a catalyst for downloading music and films, many of which are federal copyright infringements. But with recent vigor the music and film industries have challenged the usage of P2P networks at universities as part of a larger anti-piracy campaign aimed at deterring entertainment enthusiasts from participating in illegitimate downloading.
The campaigns have altered policy at many schools such as RWU, warned and even filed lawsuits against individuals who failed to comply with these laws. But students wonder to what extent can IT monitor their usage of the Internet and how students will be affected judicially, for an act that for many students feels more like a pastime than a crime.
In a letter to students dated Sept. 26, Pangborn and Hartzell warned that ports will be turned off when RWU receives a complaint from an outside party. The first inquiry made by the music and film industry gives students an opportunity to delete these files from their hard drive. If the students comply and sign a certification document, IT promises to restore their Internet connection.
Pangborn said that illegal downloading are not only a violation of federal copyright laws, but are also felonies and if the material is burned that would qualify as two counts of copyright infringement. He reminded students that copyright violations have always compromised the IT Acceptable Use Policy noted in the student handbook.
"The policy was written in response to the law, the Digital Millennium Copyright Act," said Hartzell. Under the act, Internet service providers are required to provide copyright holders with information when there is a reasonable belief that their copyrights are being infringed.
"These electronic communications resources may only be used for legal purposes and may not be used in any manner or for any purpose which is illegal, dishonest, disruptive, threatening, damaging to the reputation of the university, inconsistent with the mission of the university, or likely to subject the university to liability," states the student handbook.
"We will configure the network in a way that minimizes illegal use," said Panborn, who stressed that illegal use not only puts students, faculty, and RWU at risk for litigation but abuses bandwidth that should be used for academic purposes. "We're trying to block all P2P applications," he added.
Of those named in the first round of RIAA lawsuits, they were users of Kazaa, Grokster, Imesh, Gnutella and Blubster. The 261 lawsuits launched in early Sept. by the industry stems from a greater anti-piracy campaign that also addresses university networks.
According to an RIAA press release, "Over the past year, the RIAA has also worked closely with the university community to combat piracy. In recognition of the seriousness of the problem, colleges across the country are implementing new restrictions and issuing severe warnings to discourage the swapping of pirated music and movies over high-speed campus Internet connections."
U.S. copyright law enables those infringed upon to launch a civil lawsuit for damages between $750-150,000 for each file illegally downloaded, said the RIAA.
The 12-year-old girl in Los Angeles was the first defendant to settle. The girl, Brianna LaHara, who claimed to have no understanding that she was acting illegally, settled for $2,000, approximately $2 per song.
That is why Pangborn said students need to be educated. He said, "Ignorance in this case is not bliss."
Hartzell agreed. "We must be diligent in educating students of the law and new movements," she said.
Pangborn stressed that ideally the purpose of IT policy is to minimize student exposure to potential lawsuits. But some students question its enforcement and worry about invasion of their dorm privacy.
"The privacy of student owned PC's is not really the question, but the improper use of university resources for illegal activities is the concern," said Pangborn, who assured that IT will not monitor student usage of the Internet but will merely cooperate with outside agencies who do so.
When Pangborn receives a complaint he notifies Dean of Student Affairs Richard Stegman, Hartzell and Vice-President of Human Resources Robert Avery, of the identified IP addresses of the "offending" computers. The port of the accused infringer is temporarily shut down until the student officially documents the removal of the files in question.
The policy issued to students indicated, "In most cases we have no way of identifying the exact residence hall room location of the computer." To an extent the identity of the student is not exposed until they contact IT and the names of the alleged perpetrators are withheld from the public. Neither Pangborn nor Hartzell were at liberty to disclose the names of the three violators to the Herald.
While perhaps student privacy is not compromised by new policy, the threat of litigation is likely to change the habits of at least a few students. Some will choose to download less, others not at all, and a few will remain un-phased by the threat of litigation and judicial review.
"Students are an easy target. They don't have a lot of money and it can be a pretty expensive proposition," said Bill Evans, founder of the Boycott RIAA organization. Not only does Evans foresee litigation as a deterrent to those who download, but also thinks the suits will harm rather than help the music industry.
Evans founded his organization three years ago during the birth of the Napster suit. According to Evans, the industry is pushing away its target market: young people.
"There is a lot of outrage out there. People are angry," claimed Evans, who says that consumers are disgruntled due to overpriced music. But RIAA president paints a different picture.
"Nobody likes playing the heavy and having to resort to litigation, but when your product is being stolen, there comes a time when you have to take appropriate action. We simply cannot allow online piracy to continue destroying the livelihoods of artists, musicians, songwriters, retailers and everyone in the music industry," said RIAA president Cary Sherman in a press release last month.
While aggressive in its anti-piracy efforts the film industry has yet to launch civil suits, but the RIAA has promised amnesty to P2P users who admit to wrong doing and delete their illegal files. A signed and notarized affidavit is required of those wanting to participate in the program, which protects them from any future RIAA civil suit.
Just how these anti-piracy campaigns will affect the music and film consumer markets is uncertain but the vigor of the industry's efforts expects to alter the lifestyle of the computer generation, especially those who have access to high-speed Internet connections: college students.
With every increasing incident at RWU, more copyright infringers are expected to change their ways as students become privy to the sobering effects of those accused by the industry. The RIAA's first wave of suits proved that anyone could be the campaigns next target.
