College students who download music beware — the odds of being caught with illegal digital content on your hard drive may be increasing.
The Recording Industry Association of America — all those record companies leading the charge against what they see as blatant copyright violations — are specifically targeting college students and are working more closely with college administrators to identify violators.
The RIAA̢۪s aggressive new approach was spelled out in a letter sent to a number of universities nationwide, starting February 28. The industry association identifies college students who download and send material over peer-to-peer systems (computer networks that allow for digital file sharing) as the most common illegal traffickers and thus the greatest threat to the companies̢۪ pocketbooks.
“We’re not identified in the top 25,� Richard Boes, campus director of Information Technology Services, said of the 25 colleges singled out by RIAA for having the most complaints. “Our practice seems to be better than others.�
Boes said Fresno State receives about four to five complaints per month from RIAA about illegal music downloading. He said the complaints identify the users̢۪ computer IP addresses, and the university then follows up by contacting the students and asking them to remove the illegal content.
Compliance is very high after the first notice, Boes said. The RIAA issues a follow-up request if the individual doesn̢۪t comply to delete the illegal files, but the university has never received a third notice, Boes said. He added that he also wasn̢۪t aware of any cases where a Fresno State student got sued by the RIAA.
Disciplinary action for noncompliance would include revoking the student̢۪s Internet privileges on the campus network, Boes said.
Under federal law, colleges are at risk of being sued if they don̢۪t act to stop repeat offenders after notification of illegal downloading cases have been issued.
Boes said he didn’t know whether Fresno State’s relatively clean track record will shield the university from RIAA’s new legal policy, which the university is currently reviewing. “We plan to take action as a university system if and when we get contacted by RIAA,� Boes said.
The RIAA is increasing the volume of notices and subsequent lawsuits against students it catches engaging in illegal downloading — 400 in the latest round of lawsuits. But the organization is also offering a way out for students in the form of a “pre-lawsuit,� where violators can settle the claim privately with the RIAA and pay a reduced fine, while signing a statement promising to never download illegal content again.
The university would be responsible for forwarding pre-lawsuit letters to students, which expire after 20 days of the student receiving an e-mail notice of the RIAA̢۪s claim.
The new policy laid out in the RIAA letter does not apply to Fresno State, at least not yet.
The RIAA is also championing technological solutions to reduce piracy, saying in the letter that software programs such as Red Lambda̢۪s cGrid help to filter peer-to-peer systems or block them entirely. The RIAA is also promoting legal digital music download services such as Apple Inc.̢۪s iTunes Music Store and Ruckus, where digital downloads are now cheaper than ever before or even free.
Boes said Fresno State doesn̢۪t currently use any software programs that specifically target illegal downloading.
The RIAA made news in the past by filing numerous lawsuits against individuals accused of piracy on Internet-based networks like Kazaa and LimeWire. However, the initial lawsuit strategy failed to stem the tide of illegal downloading and file sharing, said the RIAA, leading to its new hands-on approach in tracking down college students, who studies have shown are the biggest group of music copyright abusers.
More than a third of college students download music illegally from free peer-to-peer systems, according to an April 2006 study by the University of Richmond.
Indeed, record companies have lost millions of dollars annually since 2000 according to the RIAA.
Frederick Ingle, manager of Cheap Thrills, a music retail outlet based out of San Luis Obispo, said his store has seen a significant drop in CD sales with the advent of the digital age, but he̢۪s not worried about the future of the business.
“We’re pretty unique in what we do,� Ingle said. “We offer DVDs, video games, a host of multi-media entertainment. We still carry vinyl and have lots of older catalog titles and other collectibles, stuff you won’t find anywhere else.�
Ingle said the best bet for music retailers is to diversify and find a niche in the community. “You need to develop your business within the business,� Ingle said.
Fresno State students, meanwhile, have differing opinions on how the RIAA̢۪s changing policies will impact student̢۪s behavior, and many do not see piracy as a serious issue.
Yuko Sako, a senior psychology major, said the online services that permit the downloading should be held accountable, not students.
“The services are already there,� Sako said. “The students are just using what’s there. Instead of accusing students, they [RIAA] should accuse LimeWire and other services.�
Sako said copyright issues in the digital age were not black-and-white, and the music buyer should have some freedom to share that music with others. It is also highly doubtful the industry̢۪s new policy will impact student̢۪s behavior, Sako said.
But Anna Lucania, a senior health science major, thought the RIAA was on to something. “I would probably stop downloading if I knew somebody who got caught,� Lucania said.
