Illegal file sharing still problematic

After Patricia was accused by the university of illegally downloading music for the second time, she was called in for a disciplinary meeting.

The first-year theater student, who declined to give her last name because she fears being named in a lawsuit, said university officials told her that during the time she was in the meeting, 24 other students had been accused of the same offense she was facing ““ copyright infringement.

Though UCLA continues to discipline students found downloading copyrighted material, and national organizations such as the Recording Industry Association of America continue to file lawsuits, university officials said the problem is still a significant one.

Since the RIAA began targeting Internet users sharing music in 2003, thousands of lawsuits have been filed, including some against UCLA students, according to Daily Bruin archives.

UCLA receives complaints of copyright infringement from the RIAA, said assistant Dean of Students Kenn Heller. Complaints list details on the accusation of infringement, including the name of the file, as well as the date and the program ““ such as LimeWire and other file sharing programs ““ used to find the file.

Heller said the complaints also include the offenders’ Internet Protocol addresses, which are determined when students register their computers on the UCLA network, and are used to identify specific students.

“The university has a responsibility to respond quickly to complaints,” Heller said, adding that every Internet provider is legally required to do the same.

But he added that UCLA does not actively seek offenders on its network.

“The university does not believe its role is to monitor actual (Internet) use,” Heller said.

Heller said in some cases, students may not be aware they are engaging in illegal activity.

Patricia said she signed an agreement with university officials to remove the copyrighted material from her computer. Her Internet access in her dorm, which had been revoked, was restored.

She said she thought it would be best to delete every song off her laptop.

But she said she did not realize that her copy of LimeWire, a popular file-sharing program, stored some music files in a separate folder, and by default began sharing music with other users whenever she started her computer.

Patricia said she remained unaware that she was still sharing files until she received a second notice from university administrators.

She said it never occurred to her that having the software on her computer put her at risk for disciplinary action from the university.

“You really have to know about how programs like LimeWire work,” she said.

Many Hill residents and other UCLA network users have been accused of illegally sharing files, university officials said.

Heller said there were 400 first-time offenders during the 2005-2006 academic year, and compared to this time last year, the number of offenders has increased.

First-time offenders have their Internet access quarantined and have 72 hours to respond to a complaint sent via e-mail, Heller said. After 72 hours, a hold is put on their records until they respond.

Second-time offenders are summoned to meet with Heller to discuss disciplinary action, which can range from probation to suspension or expulsion, he said.

Patricia said she believes her lack of experience with computers was to blame for her second violation.

“If I had known that I was still sharing music, I would have stopped,” she said.

Heller said it was common for students to unknowingly continue to illegally share files, even after their initial notification.

“Fifty percent of repeat offenders I meet with have very little technical knowledge,” he said.

He said disciplinary action by the university is done not only as part of UCLA’s efforts to discourage online piracy, but also to shield students from the possibility of more severe legal action.

“There is potential exposure of students to external enforcement agencies,” he said.

Heller also said use of BitTorrent, a method of file sharing where large amounts of data are downloaded in smaller parts from multiple users, is equally risky because it does not allow users to decide whether or not to share their files.

“You don’t have the power to download a file and then disengage uploading,” he said.

While many students turn to illegal downloading programs, Jonathan Curtiss, technological development manager for student and campus affairs, said he believes the Get Legal campaign, which is part of UCLA’s effort to combat illegal file sharing, has been successful.

Curtiss and other representatives from UC campuses are part of the “UC Legal to Share” consortium, a committee working to find legal alternatives to file sharing.

“Talking to other people at universities, I have not seen an increase (in illegal downloading), but it’s hard to judge because each university handles things differently,” said Kevin Ansel, director of student affairs information technology strategic planning at UC Irvine. “Here at UCI we have not seen an increase, but we are proactive about how we manage that and try to do a fair amount of marketing to students.”

Ansel, who chairs the committee, was unsure that the efforts of university officials could ever be completely effective.

“I don’t know if you are ever going to stop (online file sharing) 100 percent,” he said.

And some students said they are not worried about the possible threats resulting from online piracy.

Veronica Benitez, a first-year undeclared student, said though she does not personally download, many of her friends on the Hill do and she would be surprised if they ever were to face severe consequences.

“I guess since I don’t know how it works, I don’t really think it’s that big of a deal,” Benitez said.

Ansel added that he has recently seen more complaints of copyright infringement come from the motion picture industry.

While many students understand that sharing music can be illegal, Heller said, they do not realize the same laws apply to movies and television.

He said he has spoken with students who believed television shows do not have copyrights or that since they are sometimes available to stream online, anyone may possess and distribute the shows.

Patricia said after her disciplinary meeting she does not intend to illegally file share again.

“It’s just like going to a restaurant or store and eating their food without paying,” she said. “I definitely see it as wrong now.”

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