Colleges probed for file sharing stoppage plans

As Congress looks to crack down on lax university policies, UNC-system officials say they are doing everything possible to stop illegal file sharing on campus.

Two members of the House Subcommittee on Courts, the Internet and Intellectual Property have called for an investigation of university practices on preventing illegal file downloading.

Rep. Lamar Smith, R-Tex., and Rep. Howard Berman, D-Calif., who head up the subcommittee, suggested Thursday that the Government Accountability Office review anti-piracy measures on campuses and possibly provide a ranking system for schools.

Amanda Hunter, a spokeswoman for the Recording Industry Association of America, said the organization is generally happy with measures colleges are taking to address illegal downloading among students.

"This collaborative relationship (between universities and the RIAA) has been extremely productive and is one we will continue to build," she said.

Still, she said there is much room for improvement.

"We believe it is critical to simultaneously send a strong message to individual users that there are consequences to their illegal actions."

While the majority of legal action focuses on individual users who download illegal material, there is growing concern that universities soon will face accountability for illegal sharing that takes place on their networks.

Under the current Digital Millennium Copyright Act, nonprofit organizations - including universities - have some protection from copyright lawsuits.

But they must take certain actions to retain that protection, said Eileen Gillis, co-chairwoman of the trademark, copyright and trade secrets committee of the N.C. Bar Association.

If users on a campus network engage in illegal sharing, the college must show that it had no previous knowledge of it, that the activity has ceased and that it acted quickly to stop the activity, Gillis said.

The school also must show it did not receive a financial benefit directly attributed to the illegal activity.

Gillis went on to explain that while it is primarily individual students being sued, universities still could bear legal responsibility.

"We have made recommendations to our universities to adopt policies reminding users about liability," she said.

Congressional pressure and the possibility of a GAO investigation reflect the sentiment that universities increasingly will be under review for the effectiveness of their preventative efforts.

Previously, students at both UNC-Chapel Hill and N.C. State University have been sued for illegal downloading, but the universities themselves have remained free from legal action.

David Harrison, associate vice president for legal affairs for the UNC system, said the universities are doing a sufficient job of discouraging illegal file swapping.

"UNC is always concerned about illegal file sharing," he said. "We had (copyright) policies long before the Internet was even here."

Harrison said a Congressional investigation probably is not warranted.

"The congressmen who call for this don't understand that we take it very seriously," he said.

The UNC system, with a three-pronged approach involving "policies, education and access to alternatives," is meeting its obligations to prevent online copyright violations, Harrison said.

"In this case, we have done everything we think we should be doing to discourage illegal file sharing services."

 

Contact the State & National Editor at stntdesk@unc.edu.