File-Sharing Policy

Peer-to-Peer File-Sharing Liability Concerns:

Sharing music or videos over the Internet using peer-to-peer software from Napster became popular with college students and others several years ago. The software allowed sharing of digital music or videos over the Internet at no cost to the user. Copyright holders, however, were not being compensated for their work. Napster eventually closed its doors in a settlement with music publishers. Since then, Kazaa and Morpheus have made similar peer-to-peer file-sharing services available.

The issue is not peer-to-peer file sharing; the issue is illegally distributing copyright-protected materials. The battle lines are clearly drawn. The Recording Industry Association of America (RIAA) has aggressively taken legal action against individuals known to offer music files over the Internet. As of this date, the RIAA has issued subpoenas against 2,000 people with the promise of more to come.

Subpoenas from the RIAA to reveal the identities of students or others put colleges and universities in a difficult position. It is not clear whether it is possible to comply with the subpoena and comply with FERPA, which protects the release of student information.

Students involved in file swapping need to be concerned. Lawsuits against four college students, based upon their peer-to-peer file sharing, have recently settled for penalties up to $17,500 each. Individuals claiming that they did not know they were doing anything wrong does not hold up as a defense. Subpoenas recently issued to Boston College and the Massachusetts Institute of Technology were challenged by the schools and blocked on a technicality that the subpoenas were issued in the wrong jurisdiction. This is only a small and temporary victory for those involved in file sharing.

Colleges and universities also have reason for concern. There is an underlying fear that the real goal here is to make Internet providers (the university) responsible for what travels across their network and for the conduct of individuals using their network. Policing content traveling across the network is virtually impossible. A coalition of Internet service providers is addressing a series of questions to the RIAA to clarify this common concern.

The possibility of a settlement allowing the free sharing of materials seems remote. As an alternative, several services are now available which offer a way to legally download a song or video for as little as 99 cents. In the near term, the advice for students is clear: don't do it. Don't make available or download music, videos or other copyright-protected materials over networks using peer-to-peer software. The music industry has made the likelihood of legal action against individuals too great a possibility.