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Congress Asks Universities To Enforce Copyrights
Wes Felter writes "In CNet, Declan McCullagh writes that members of Congress are concerned that universities are not enforcing the 1997 No Electronic Theft Act which made simple copyright violations into a federal crime. Should universities be responsible for tracking down illegal sharing on their networks? Will ISPs be next?"
Universities have enough to deal with concerning their students, before they start wasting their money policing filesharing.
Just let them teach the classes. Let the students worry about the law.(or lack thereof)
"I only speak the truth"
Karma: null(Mostly affected by an unassigned variable)
At my school off campus trading is something that's been actively looked down upon... however trading over the campus network is encouraged... I think if anything is going to happen a standard needs to be found first.
Not to worry... the thought police will be around to handle this sort of thing soon.
-=sig=-
Why is there always an assumption of guilt when dealing with file sharing?
This type of draconian heavy-handed measure is an insult. Why is the burben of proof on the individual and not the government?
"The price good men pay for indifference to public affairs is to be ruled by evil men." ~Plato (427-347 BC)
Either someone is taking the mickey, or this politician really needs to get a sense of proportion.
Educational institutions are no more responsible for student file swapping than they are for student drinking and driving. "Loco parentis" is NOT the responsibility of educational institutions, thoght many folks think they are and should be, including the university administrative class known as "Diaper Deans"
Students are adults and responsible for their own behavior.
I went to the University of Missouri - Columbia which suffered from severe bandwidth shortages due to file sharing. So they implemented some traffic fingerprinting technology (PacketHound) to keep the file swappers from eating all the bandwidth at prime time, then let them play during the middle of the night. I suppose similar technology could be used to totally disallow file sharing, as I think it has to be all or nothing. You cannot really watch each file traded and then check for copyrights.
Scott, Keeper of the Crystal Flame
Wait a minute...
If they think that ".edu" network admins (who are often students themselves) will enforce stupid RIAA rules, they are, in effect, asking the foxes to guard the henhouse!
Seriously, I remember, at my old university [no names given, for obvious reasons] that the admins used to have close to 50+GB of mp3s archive... =)
This being said, this has also been the case in the past 3 companies I work with... Maybe this is the solution to piracy: ask that kind of admins to take care of the piracy problem... then, turn around and pretend the problem has been solved! Case closed! =)
The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
Once they are forced to monitor, they will be legally accountable for any 'leaks' or 'actions' they don't catch. As well as the end user of course.
Its a dangerous thing to hold accountable 'carriers' of content that flows across them..
Whets next, the phone company? The US Postal service? FedEx? A gun store? Wal-Mart?
How about AMEX when someone uses a purchase for illegal activities...
---- Booth was a patriot ----
Just to be safe, college administrations have to assume that all files are copyright by Hollywood and the RIAA. No original work should be done on college campuses. It's just too risky - when big business, backed by jackbooted government thugs, will question every file that every student has. Instead, colleges should buy all course materials straight from Hollywood and the RIAA, with (of course) Digital Rights Management software on every computer giving big business the right to monitor everything that goes on.
As an edu admin myself, I have a repsonsibility for the content of my networks, which includes those nodes attached to them.
The same way that i am liable for illegal use of unlicensed software, not the premises. (Bizarre, and a pain, hence why I'm a tad zealous...)
the problem with that is the utter laziness and apathy in the general american public.
College studen get's 5 years in a federal prison for violating a copyright. 99.997% of the american public could care less. It's the reverse NIMBY... or it wasn't in my back yard so why should I care.
The local University here took a poll of 1000 people for a project.. and over 78% did not care about copyrights and though that current laws were good. while the same group had a 95% of not knowing WHAT the current laws even were. (First question asked, and then second question asked.)
Hell if people cant be bothered to learn about basic laws that affect their day to day lives, you cant expect them to care at all about some college punk kid who's life is getting completely ruined for no reason what-so-ever.
welcome to america.. we have so many laws we can put you in prison for a long time for any reason we want.... but if you want to get off light.. kill or rape someone... those are our lower crimes.
Do not look at laser with remaining good eye.
I'm sitting here wading through a mountain of requests from the media companies while I work at my campus helpdesk. They demand that we "deactivate their accounts" and "block their IP addresses" immediately or face punishment ourselves.
Here's a copy of the email that they send:
--
RE: Unauthorized Distribution of the Copyrighted Motion Picture Entitled
Lord of the Rings: The Two Towers
Dear xxxxxx:
We are writing this letter on behalf of New Line Cinema, a division of Time Warner Entertainment Company, L.P. ("New Line").
As you may know, New Line is the holder of rights under copyright, including exclusive distribution rights, in and to the motion picture(s) listed above.
No one is authorized to perform, exhibit, reproduce, transmit, or otherwise distribute the above-mentioned work(s) without the express written permission of New Line, which permission New Line has not granted to 0.0.0.0.
We have received information that an individual has utilized the above-referenced IP address at the noted date and time to offer downloads of the above-mentioned work through a "peer-to-peer" service.
The attached documentation specifies the location on your network where the infringement occurred, the number of repeat violations recorded at this specific location, as well as any available identifying information.
The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.
Since you own this IP address, we request that you immediately do the following:
1) Disable access to the individual who has engaged in the conduct described above; and
2) Terminate any and all accounts that this individual has through you.
On behalf of Warner Bros., owner of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, pursuant to the Digital Millennium Copyright Act, Title 17 United States Code Section 512, that we have a good faith belief that use of the material in the manner complained of is not authorized by Warner Bros., its respective agents, or the law.
Also pursuant to the Digital Millennium Copyright Act, we hereby state that we believe the information in this notification is accurate, and, under penalty of perjury, that MediaForce is authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification.
Please contact us at the above listed address or by replying to this email should you have any questions.
We appreciate your assistance and thank you for your cooperation in this matter. In your future correspondence with us, please refer to Case ID xxxxxxx.
Your prompt response is requested.
--
Methinks that this mediaforce place needs to be firebombed. Take a look at their website and you'll see some pretty creepy things that they do, like 24/7 scanning of P2P, IRC, FTP, and other networks for copyrighted works. Worst of all, they reinject corrupt copies of the data back into the networks to much downloads up for the users.
If I worked there I'd just go home and slit my wrists every damn day
Recently there was a story about spammers using students as relays. If it was up to me, I'd say that the university administrators should spend time hunting the spammers.
The biggest problem, from the perspective of law, is that no one but very few people care about illegal filesharing. If I start sharing files illegally from my home computer, it's not like anyone would care (with the exception of a few companies the media giants fund). If I started sending spam, I'd be having hard time trying to keep my connection to the net because there are people who would immediately try to trace and report my actions. Illegal filesharing is not frowned upon like most other crimes are. That's a fundamental problem that all the anti-p2p measures have failed to address. If they are serious about fighting illegal filesharing, they need to get the support of netizens and so far "they" have done nothing but stomp on our rights and values.
There are murders, rapists, and other offenders of such unspeakable crimes walking the streets in our country, yet a college student downloading "Margarita Ville" is a criminal that deserves to be arrested for breaking a copyright law. What the hell is going through congress' minds? We have a budget crisis enough as it is and we can't even rid our streets of homeless people but we'll spend millions of dollars protecting an already overly-wealthy industry from an 18 year old kid that just wants to listen to a song? Where are the priorities in this country?
Well, my college only had a statement that basically said "don't commit fraud or hack anything using our resources".
However, having a policy against something is not at all related to actively monitoring it. If you rent an apartment from me and the lease says "no dragging a keg inside and trashing the place", surely you'll agree that it's not my job (nor should it be) to install video cameras in the living room just to be sure. The same thing is true here: they can tell you not to share copyrighted files, but that shouldn't imply a responsibility to go through your shared files and determine which are copyright violations.
Which is not to say it won't be their responsibility by the time the lawyers are done with them...
Universities are for teaching students, and smaller universities don't have the resources to track down everyone who shares files accross a network. Larger universities don't have the resources because they're using their extra funds for research, which is far more valuable than cracking down on copyright law violations, especially from cracking down on the population that can't afford the copyrighted products in the first place.
As a college student, I've probably gotten about 20 MP3s through filesharing services, bought three CDs for $50, and three DVDs for $60. All of those purchases were made my freshman year, when I thought my money would go far. It is also worth noting that I downloaded the MP3s from two out of the three CDs before I made the purchase. Since then, I haven't had money to purchase these items, and I don't think that my filesharing would do anything to discourage me from purchasing CDs, because I don't have the money to make the purchases in the first place.
In the long run, we're all dead.
At the university that I worked for the tech to person ratio was around 1 to 120 computers. At the time the tech was required to also keep several different servers running. In a college of about 500-600 computers we had 5 techs full time. We were required to manage Novell, NT, Unix servers, handle web page creation for classes, and early on handle student accounts (later taken away due to a central control issue at the university).
Student web pages were particularly questioned -
- pornographic content
- selling things on university equipment
- copyrighted materials
- etc....
Had I aggressively policed that then servers would have been down, labs would'nt have worked, professors couldn't have done their work, you name it and from the dean's office it would have looked like one of the techs was just sitting in his/her office doing nothing all day long.It has gotten better there btw. In addition to the 5 techs they now have 2 people whose sole job is to take care of servers (and figure out how to distribute/manage licensed software, and email complaints, and viruses, and step in and do regular tech stuff, and fix the occasional home users computer, etc)
At the university level they throttled the bandwidth for those services down to a crawl - still workks just too slow to be usefull
If they aren't aggressively policing their networks its because they kind of have their plates full.
I highly suggest working for the tech department of any college/university even part time - they are almost always hiring and almost always need the help- great and diverse tech education!