Sunday, October 25, 2009

OU policy changes shine light on increased oversight of illegal downloading

Sean Kramer, OU junior, browses through his Kazaa P2P program. He, like many others, faces the temptation of illegal music, movies and games.



With a larger-than-ever amount of students receiving copyright infringement notices this year, OU will be instituting new policies, including a mandatory tutorial and quiz, to educate students on the dangers of downloading illegal content off the Internet.

The new policies are also in place to protect students from fines by representative trade groups like the RIAA(Recording Industry Association of America).

By developing a network with enhanced security features that all students are advised to join starting today, OUWiFi will make it impossible to access popular Peer-to-Peer(P2P) programs such as LimeWire.

Although OU does not monitor content individual users on the network download, there is a unique imprint left by that user onto the server or computer it connects with, according to Nicholas Key, OU IT network specialist.

“Copyright owners or their representatives, such as the RIAA, will capture these imprints and send a copyright violation notice to OU with the information gleaned from that imprint. OU IT is then bound legally to do due diligence in identifying the individual associated with that particular computer,” said Key.

The old policy called for students to negotiate a settlement with the copyright representatives directly per the amount of content being charged against them. The complaint would be sent to the OU Legal Counsel, which would then assist in representing the students, according to Tyler Coker, UOSA Legal Counsel Assistant.

“OU Legal Counsel has no part in representing the students anymore. It has all been transferred to the IT department,” said Coker.

Under the new policy, students who receive a copyright complaint against them face disciplinary action by OU, not copyright owners or their representatives.

This constitutes a major change that goes a long way to protecting an identified student from hefty fines.

Even though the IT department is now handling the copyright complaints, they still heavily rely on the OU Legal Counsel for ensuring campus compliance with state and federal policies, according to network specialist Nicholas Key.

Wes Rutelonis, OU freshman who will be affected by the network changes, doesn’t like the fact that he won’t be able to use his favorite P2P programs anymore. He does appreciate the protection granted by OU’s copyright enforcement.

“It’s a bummer I won’t be able to use LimeWire anymore, but good to know that OU will be the ones enforcing the punishment instead of the RIAA,” said Rutelonis.

Here is Wes Rutelonis discussing the policy changes:


The OUWiFi network will be available for student access today. The current network, ANY, will still be online until next semester, when it transfers status to OUGuest. This network will serve with limited accessibility options for guests to access the Internet, said Key.

There are other benefits that will stem from the network switch taking place this semester.

Key thinks the new network will do more than just prevent students from gathering their favorite movie or song for free off the internet.

“The network change has some benefits. If a computer is lost or stolen, network registration will allow OU IT to track that computer on the network. It will also allow our support specialists to contact an individual if he or she contracts a virus that threatens other users on the network. None of this was possible before,” said Key.

In part due to compliance with federal law, the new policies are an important stepping stone for OU to catch up with many of the other schools in the Big 12 that have already instituted programs and security initiatives to curtail illegal content downloading.

Non-profit organizations like EDUCAUSE are persuading college and government leaders to take action against copyright infringement. By holding conferences and conducting extensive case-studies on how to modify networks to disable illegal file-sharing, a hard push for colleges to adopt strict disciplinary rules followed.

One such workshop sponsored by the Joint Committee of the Higher Education and Entertainment Communities lays out a plan of action for how colleges should go about instituting this policy. The full text can be found here.

Students living off campus who illegally download content off the Internet are not safe from disciplinary action either.

A copyright notice may be sent to an individuals’ Internet Service Provider(ISP), calling for disrupted service and fines.

Chris Lindner, an off-campus resident Penn State senior, received a notice from his ISP this June that his service would be terminated for a Family Guy episode he had downloaded off of a public Torrent site. After contacting his ISP, Comcast, the representative told him the MPAA(Music Picture Association of America) would pursue legal action against him if his access was not cut-off.

“I didn’t really know what to do. I ended up paying the bill and switching to Time Warner,” said Lindner. “I guess I was lucky”.

When asked about his downloading tendencies these days, Lindner was quick to say how careful he is about what he downloads now.

"It's really not worth the risk. I stopped using all the P2P and Torrent programs I had before," said Lindner.

There are many legal alternatives for downloading content from the Internet. If paying for music isn't for you, OU offers a large list of places to go for free.

Piracy of music, movies, games, and software is costing the recording industry billions. According to a report done by the Institute for Policy Innovation, the U.S stands to lose 12.5 billion in total output annually as a consequence of global and U.S-based piracy.

The government and universities around the country are adopting strict policies to combat this illegal practice because they realize the importance it can have not only on the artists who produce the music, but the economy as a whole.

The problem has stretched across the globe, and can be seen in full force in France. In May 2008, a total of 13.7 million films were distributed on P2P networks, compared to
12.2 million cinema tickets sold, according to the 2009 IFPI(International Federation of the Phonographic Industry) Digital Music Report.

The way government, universities, trade groups and ISP's enforce copyright laws will only get more severe as technology increases. People are waking up to the idea that serious money can be made enforcing content payment and are putting plans in place to capitalize on it.

It is important in this advancing technological world to arm yourself with the awareness of what can happen when you download content on the OU network or elsewhere.

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