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Higher Education Committee Releases Report on P2P
djeaux writes "The Joint Committee of the Higher Education and Entertainment Communities has released a "Background Discussion of Copyright Law and Potential Liability for Students Engaged in P2P File Sharing on University Networks." The Joint Committee includes representatives from a number of universities, education groups, entertainment industry representatives, and the presidents of RIAA & MPAA. The paper provides an overview of copyright law relating to on-campus P2P file sharing and concludes that "(c)olleges and universities generally do not have a legal duty to control students' private conduct. Students therefore should not assume that their college or university will accept liability for them or provide them with legal representation." The report was distributed to presidents of all institutions that are members of the American Council on Education on Friday, August 8."
So, in summary, people should take responsibility for their own actions. What a concept!
I can't believe it takes all of those people just to come up with one common sense solution....As if I was gonna march to the Provost's office and demand a lawyer because I'm a pirate...Geez
Why can't all fpga/microcontroller manufacturers just release free optimizing compilers???
Well, that doesn't seem unreasonable. Although, given some of the complaining you hear ("Dear Ask Slashdot. My university network throttles Kazaa traffic. Don't they know the whole point of college is to provide faster warez downloads? Is this a violation of my civil rights?") I'm sure this will be met with outrage, too.
What I'm listening to now on Pandora...
Notice that a meeting of everybody involved in this other than the students have declared that the only one who possiby could be liable are the students?
This is particularly true at a state funded college or university. Why should tax-payers bear the burden to defend or indemnify students who are accused of copyright infringement?
Only Women Bleed (Sex, Sharia remix)
It sounds like the *AA are basically trying to extend an informal common carrier status to the universities. Probably in exchange for continued future cooperation. That way the *AA avoids lawsuits from anybody with the money/clout to put up a fight (universities) and they still get to intimidate students through litigation.
Tragek
why did this story turn into spambait
Dang. Here I was thinking that some big name committee was getting all tech-saavy and releasing their latest report via a p2p network. But it's just a report about p2p. Why can't the headlines be more clear? I would hate to have to waste my time actually reading the article, after all.
Do not read this sig.
IAALS.
Vital background reading on this is Larry Solum's posts on "Copynorms", especially his analysis of the RIAA strategy.
If this was made with both media and university interests in mind, then will universities drop any measures beyond throttling bandwidth?
You zap the moderators with a wand of humor! The moderators resist!
have legal services available to students. UT-Austin, for example, will represent students in civil matters for no charge.
-
They won't provide legal representation. Duh. Why would they?
I'm just wondering why they're caving constantly to the RIAA. It would be one thing if the way the RIAA worked with the legal system required the RIAA to do a little more work to prove their case before they could file subpoenas, but with the way they are allowed to send subpoenas (without initially warning with cease-and-desists) is stupid.
A club that I am a member of (25 person science fiction club) had a logo that had been designed before I joined. the problem is that the guy who designed it, who had left the club, was too similar to another logo that was copyrighted and trademarked. So, the organization who owned the original image sent us a polite letter asking us to please use up any consumables with the logo and change the logo. They didn't even get so formal as to do a cease-and-desist, a secretary from that organization sent us the letter. We politely complied.
Personally, if I was sharing data illegally and received a letter from the RIAA asking me to stop it, after some rather unpleasant bodily functions I would bring myself into compliance. Immediately. I suspsect that anyone else doing this would do the same, at least in the short-term. And if the RIAA knew who I was enough to be able to tell me to cut it out, I'd be damn sure that I kept out of trouble there on out.
By sending out legal subpoenas and filing for financial damages, they've ensured that they get no sympathy from anyone who has ever used an mp3 codec. I'd be a helluva lot more sympathetic if they were more polite initially, with letters first, cease-and-desists second, and court filings third, than my feelings right now, which are summarized as "fuck 'em".
Back to the inital point though, with colleges frequently bending to give the RIAA what they want, if the RIAA would ask the universities to deal with the filesharers who have been detected with X information on Y ip address, the colleges would probably handle it internally, the courts wouldn't have to get involved, and the offenders would stop. Much more neat and tidy.
Do not look into laser with remaining eye.
I've been thinkin' abuut droping out of colege for the past 9 ears. This really doez it, and I mean REALLY. I hereby quit school in furm protest against RAA, DMCA, and all that stuff.
*hic*
An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
... that any academic council looking at P2P and "thinking" about the implications would have had the good sense to break this into two parts.
a) The issues of sharing somebody elses copyrighted material and guidelines for what to do and what not to do.
and MORE importantly...
b) The academic benefits of using P2P to share research, essays and other related material between students and the faculty. Imagine the possibilities if EVERYTHING that a university produced was available and indexed in one or more P2P applications.
Clearly, they're depressed that MIT and BC (was it BC?) defeated their subpoenas in Boston, so they're trying to convince as many universities as possible that they shouldn't spend any money fighting on behalf of their students, and just give in.
I applaud schools and ISPs that have been fighting these subpoenas. It's the right thing to do.
And they don't need a report to tell themselves that they don't need to defend their students. They're just doing what any good institution would do that cared about it's students/employees/whatever.
Copyright could be abolished tomorrow, in the US at least, if you could just get enough votes in congress to pass a bill to repeal copyright. That's not as difficult as it may sound, if you consider that more people share files with p2p apps in the US than voted for george bush.
Change the Law, a section from my article Links to Tens of Thousands of Legal Music Downloads discusses this in more detail, and suggests several specific steps you can take to reform the copyright laws and make filesharing legal:
- Speak Out
- Vote
- Write to Your Elected Representatives
- Donate Money to Political Campaigns
- Support Campaign Finance Reform
- Join the Electronic Frontier Foundation
- Practice Civil Disobedience
Thank you for your attention.Request your free CD of my piano music.
Since when are the Universities themselves (and/or their "umbrella groups") supposed to act as unpaid representatives of the RIAA and MPAA?!
Honey, I shrunk the Cygwin
Allowing others to make digital copies of music, pictures, movies, books, or any other form of data for which you do not hold the copyright to is illegal.
If you had respected this from the beginning, the DMCA, et al. would have never even been conceived.
Food for thought.
Now, if the universities aren't liabe for the actions of their students, are they still obligated to provide information about the actions of said students? I don't know if the article covered that or not.
No statement is true, not even this one.
No wonder my tuition is up 7% from last year. We are paying these fools to realize that people should take responsibility for there own actions!
"Students therefore should not assume that their college or university will accept liability for them or provide them with legal representation."
Did anyone assume they would? My university already says they own all of my software projects from that time period, who would expect them to actually help me out?
If I sell you a gun, and you shoot your wife, should I be held responsible?
Now, if I sell you bandwidth, and you use it to download copyrighted material, should I be held responsible?
There are some wonderful bits of understatement in this document:
"Although debate already rages about whether there is a digital first sale defense for the transmission of a copyrighted work when the sender's work disappears, any argument that a bona fide purchaser of a copyrighted work (such as a CD) can share P2P copies of that work with many others is not likely to be successful."
"Given recent press coverage, congressional hearings, and Internet chat, students could find it difficult to prove that they were unaware that file sharing was infringement."
"Colleges and universities generally do not have a legal duty to control students' private conduct.
Students therefore should not assume that their college or university will accept liability for them or provide them with legal representation."
And of course the footnote on the first page: "Paper prepared by Michael J. Remington, Esq., Drinker, Biddle & Reath LLP, Washington, DC, for the Education Task Force of the Joint Committee of the Higher Education and Entertainment Communities. It may be reproduced, distributed, and shared without permission for personal and noncommercial use."
Man, what a wit!
Enable 3D printed prosthetics!
Don't do that. How will we make the RIAA and MPAA spend all their money and go bankrupt if we get rid of these laws that make them want to sue everyone and their kitten?
Make more copyright laws like the DMCA and more encrypted P2P nets.. encourage sharing large amount of data, its even better if the data contains nothing usable but tip off any type of automated crawling system, and play the RIAA/MPAA's game until they lose. They can't sue everyone, but I wanna see them try.
The real problem is, of course, a resounding imbalance and unreasonable threats of punishment in the copyright laws themselves. It may sound like I'm preaching to the choir, but the copyright laws are pretty clearly well beyond reason. Clearly there must be some protection for copyright, but the fact is, when jailtime and a $150,000 fine are threatened for making a copy of a single song, it goes beyond threatening and becomes absurd. In contrast, I filled up my gas tank today and saw a notice warning drive-offs that if caught they will be fined the price of the gasoline, as well as up to $30 extra for the trouble they caused. That's reasonable law. $150,000 and jail time for an MP3 is just not reasonable law.
In this case, the law is in fact so unreasonable that I have little patience for those who try to enforce it to its maximum effect, such as the RIAA have been. And instead of asking "Why should the entertainment industries have such a big stick anyways," which I would hope the cream of the academic crop would ask, the colleges seem to be saying with this report, "AIIEEE!!! the entertainment companies have a big stick!"
But my point is that there's a pretty wide gap between copyright law and intuitive concepts of copyright. Its not a very evenhanded method to simply say "the laws are infallible, and the solution is to inculcate new respect for them." Instead, we should be asking where reasonable middle ground is, and the uncompromising attitude that the RIAA and the MPAA bring to every table that they force their way to is not helping solve things.
Your web page still doesn't take a solid stance that copyright is always and was always evil. It should be removed through a consitutional amendment, even after the law has been repealed.
-Libertarian secular transhumanist
It says "(c)olleges and universities generally do not have a legal duty to control students' private conduct."
So does this mean they should no longer be forced to block ports, monitor traffic, etc with anything relating to p2p activities? Sure the uni could do it if they wanted to, but wasn't there a huge big thing about the *AA's wanting unis to help them stop the p2pers. It sounds like they are no longer obligated to control which ports are open on the firewall, etc.
Sig!
The report mentions TV shows as an example of something that is illegally shared on P2P networks. (pg. 3) However, it also states that courts have held that time shifting of broadcast television constitutes fair use. (pg. 1) It seems to me that, if you left commercials in the recordings (as opposed to removing them), it should be legal to download copies of shows aired on publicly accessible TV. (This would presumably not hold true for premium channels like HBO.)
And enforce the hell out of it during that time.
And at the end of that time, it becomes public domain.
So if you want the latest stuff, pay. We are trying to reward the guys that actually *do* something, not guys that sit on their arse milking work they did seven years ago. Would you hire an employee who expects to remain on the payroll because he did something seven years ago? I thought copyright was to reward the artist for creating, not reward some bozo for sitting on things so nobody else can use it. Excessive copyright time limits only encourage monopolies and extortion, not creativity.
I think a lot of this civil disobedience we are seeing today is a result of this one-sided law we are seeing passed - and a lot of people are getting pissed. They will take it for only so long before we have another Boston Tea Party.
"Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]
Are underage students who are living on a high school campus doing P2P responsible for their own actions or does that responsibility / liability fall to the school?
They've declared war on the entire high tech community, whether we share files or not. Fuck 'em... or more to the point, let's fuck them up.
If you must have your Britney fix, buy from used record stores.
However, to make the point that the RIAA label declining sales is due to their own behavior and the crap they are putting out, better buy from independent artists. That's one place to find some, check my sig for another.
If it isn't played on FM and not available in record stores, it's probably from non-RIAA label sources, to make sure, check any artist you're thinking of buying at RIAA Radar.
If RIAA label sales drop by 5% and indie label and musician sales double, it's all over for the labels... the excuses about PIRACY!!! will no longer play with. . . the people in the multinationals major label CEOs report to.
If being on a RIAA label is shown to be a negative as far as making money goes... the rush for the exits will start and the RIAA won't be able to afford lobbyist teams anymore.
Leaving the MPAA out there all by itself, given that the RIAA won't be around to play bad cop anymore. That's the next war.
Tech Public Policy stuff