Downloading music has evolved from the depths of one college
student’s dorm room to become an almost integral part of the
college experience as today’s graduating seniors have lived
through ““ and been a part of ““ the early history of
online file-sharing. “I think the cultural awareness and
cultural knowledge about … these kinds of files has increased
dramatically,” said Jim Davis, associate vice chancellor of
information technology. UCLA students have certainly been involved
in the movement, though it is impossible to tell the extent of
their participation. Davis said the university keeps no records of
who participates in file-sharing ““ it only responds to
notifications of violations from copyright holders. The recent
efforts of those music and motion picture industry officials are
the latest result of more than four years of discovering just how
the law, the university and art can co-exist in the ever-evolving
digital media era.
The stick and the carrot Almost four years
after the end of Napster, file-sharing is still going strong. The
makers of the legendary file-sharing software ““ including
former Northeastern University student Shawn “Napster”
Fanning ““ were ordered by a federal judge to stop allowing
the trade of copyrighted materials on its network in June 2000. The
ruling effectively shut the service down, bringing the online music
debate to the masses in the process. Dozens of other file-sharing
applications emerged in Napster’s wake, including such
programs as KaZaA, Morpheus and Limewire, and music downloaders
continued sharing with virtually no inhibitions. In recent years,
KaZaA has been the most popular client, with more than 353 million
downloads to date, according to the software’s Web site. It
has also been the biggest target for the courts. Sharman Networks,
the Australia-based company that owns the software, is currently in
an Australian federal court battling allegations of music copyright
infringement similar to the ones Napster faced. Napster, in
contrast, has gone clean since it was originally shut down, and now
offers legal MP3 downloads for a fee, competing against other
similar legal music offerings from Real Networks and Apple
Computer. Jonathan Curtiss, manager of technological development
who advises Dean of Students Bob Naples on issues of technology,
said he thinks the University of California will eventually move
toward partnering with the digital entertainment industry and
facilitate students obtaining legal content. In what he called the
“carrot and stick” model, Curtiss said the university
could implement a system where students would pay for content.
Those who didn’t want the media would not be charged for the
service. So far, the music industry has favored the stick. The
Recording Industry Association of America ““ a group
representing music industry record labels ““ has sued nearly
1,500 people since it announced a sweeping legal campaign in July
2003. UCLA has not yet had any students sued, Davis said. Many UCLA
students have not been scared by the litigation and continue to
illegally download digital media ““ UCLA had received about
300 notifications of copyright infringement by the end of winter
quarter.
The law and UCLA “The RIAA isn’t
going to persuade everyone,” said UCLA law Professor Eugene
Volokh. “Like any laws, they’re just trying to decrease
the infringement.” Naples said the recent lawsuits are
evidence of big business trying to protect its interests.
“What we have seen is individuals who feel they have been
harmed and have become more vocal and more active in trying to get
the appropriate governing entities to manage it,” Naples
said. As dean of students, Naples is responsible for dealing with
students who repeatedly share copyrighted files and, if
appropriate, handing down sanctions for the violations, which could
include removal from on-campus housing or suspension from the
university. The administrator said he has seen a variety of
responses to violations, from outright defiance to simply complying
and removing the materials. Other students didn’t know it was
such a problem. “Some students didn’t realize it was
that big a deal and now are feeling like, “˜Maybe I
shouldn’t be doing this,'” Naples said, adding
the university could be sued if it fails to act on notifications
from copyright holders. Kenneth Lau, a fourth-year computer science
student, said he used to download music as a first-year, but lost
interest as he got older. “At the beginning, it was something
that was exciting and new,” Lau said. “But you also
realize there are legal issues. As a freshman, you don’t
think about that stuff,” he said. Davis agrees that the major
issue he sees with UCLA students is educating them on the
potentially serious consequences of their actions. “By and
large I’ve seen this to be more of an awareness issue,”
Davis said, explaining that many students think they won’t
get caught sharing files until they actually receive a notice from
a copyright holder. At least one student is concerned for the
recording industry. “I definitely think it takes a lot away
from the people that make the music,” said Edward Vida,
fourth-year history student. “I just think it’s wrong.
It doesn’t seem fair.” For Ben Golden, his decision not
to share is as much about availability as anything else. The
fourth-year physics student said he used to share files, but his
favorite file-sharing software, WinMX, was shut down. Golden said
the RIAA’s lawsuits also give him pause, but would consider
returning to the online music world if conditions were right.
“If things change back, sure,” he said.