Illegal file sharing shunned

IU officials are warning students who share illegally downloaded files that they could be subjected to lawsuits, but not all types of downloading would likely lead to action from the Recording Industry Association of America. \nIU sent out an e-mail to students Nov. 7 in response to the association filing new “early settlement” letters against multiple IU students in October. The e-mail warned students they could be sued for thousands of dollars by music companies for using peer-to-peer software such as Bit Torrent and LimeWire to share music files.\nHowever, downloading copyrighted files is not illegal if the files are stored for personal use, said Stacee Evans, staff attorney with IU Student Legal Services. \n“It is my understanding that (software such as Bit Torrent and LimeWire) have these files legally,” Evans said. “As long as you don’t share what you download, you should be OK.” \nMusic companies don’t seem to be going after people who aren’t sharing files because their main concern is distribution, Evans said. According to the companies, the more people who download the files for free, the more it cuts into their profit margins. Information about how students can download files from programs such as LimeWire in ways that they cannot be shared is detailed in the IU Knowledge Base at http://kb.iu.edu/data/akej.html.\nStill, anyone who downloads and shares movie or music files is at risk of getting caught, Evans said. Students don’t have to be intentionally sharing files for music companies to take action against them.\n“If they are doing it, it is assumed they are doing it with willful disregard of copyright ownership,” Evans said. “And they will probably get nailed for some pretty hefty fines.”\nIf students are sharing files, it becomes copyright infringement, Evans said. Copyright infringement carries a maximum penalty of three years in prison and a $250,000 fine in compliance with the No Electronic Theft Act, according to filesharing.iu.edu. The act made reproducing, distributing and sharing electronic copyrighted works such as songs, movies or games a federal crime in 1997. Prior to this legislation, those who did not profit from intentionally distributing copied software files over the Internet did not face criminal penalties.\nThe association finds people who are sharing files by hacking into file-sharing programs, Evans said. The association can’t identify the individual immediately, but it can track which computers are sharing files. The association then contacts the offender’s Internet service provider. The ISP will receive a notice from the association. \nIf IU is the ISP, the University will forward the notice to the individual so they have the opportunity to settle with the association, Evans said. The individual has 20 days to settle at the lowest settlement amount. If the individual doesn’t settle within 20 days, the association will file a lawsuit in federal court. A subpoena will then be sent to the ISP, which will be forced to release the individual’s name, Evans said.\nIn September, three IU students were sued for violating copyright laws after each rejected pre-litigation settlements in the spring. Individuals can fight lawsuits filed by the association, but they hardly ever win, Evans said. One case in Minnesota went before a jury in October. The student’s defense was mistaken identity, which is considered to be a good defense for these types of cases. She still lost, Evans said.\nJunior Hilary Gaiser said she thinks students will continue to download music and share files, despite the warnings. She also said she does not like that lawsuits are being filed against college students.\n“At some point they have a right because there’s laws against it, but why pick on us?” Gaiser said.\nStudents who don’t agree with the law need to get involved in the legislative process, Evans said.\n“Talk to your legislator and make it clear this law is not satisfactory to the constituency,” Evans said. “And vote!”