OLLEGE PARK, Md. — Jason, a senior at the
University of Maryland, ran one of the most popular Web sites on
campus out of his shoebox dorm room here. The site let his 8,500
fellow dorm residents search for music files, among other things,
stored on one another's computers and copy them in seconds.
Then came the news that the record industry had filed lawsuits
against four students running similar sites at other universities,
accusing them of enabling large-scale copyright infringement and
asking for billions of dollars in damages. Within an hour, Jason,
who insisted on anonymity for fear of being sued himself, had
dismantled his site.
"I don't think I was doing anything wrong," said Jason, a
computer science major. "But who wants to face a $98 billion debt
for the rest of their lives? I was scared."
The lawsuits, filed on April 3, are the most aggressive legal
action the record industry has ever directed against college
students, who in recent years have exercised an enduring
predisposition to consume large quantities of music by copying it
over the Internet without ever paying for it. College campuses, the
record industry says, have become far and away the prime locus for
online piracy.
Wary of alienating young customers who continue to generate a
large chunk of their revenue, record companies until recently
focused on prodding university administrators to discipline their
students. But freshman orientation sessions on respect for
intellectual property have had little effect. With CD sales in a
tailspin that record executives attribute at least partly to the
downloading frenzy in academia's hallowed halls, they said they
needed to try another approach.
Record executives say the lawsuits — singling out four students
at three colleges — mark a turning point in the battle they have
been waging since Napster popularized Internet music trading three
years ago. (A federal judge in 2001 ruled that Napster had abetted
copyright infringement, and it has been off line since.) The
unauthorized copying of digital music that has become as routine a
part of college life as cramming and keg parties may have finally
lost some of its charm.
"We have decided to bring to the attention of universities just
how much music piracy is going on on college campuses and
universities," said Cary Sherman, president of the Recording
Industry Association of America, which brought the suits, "and we
think that message has been received."
College students are not the only ones copying music off the
Internet. But students, who often justify their behavior by arguing
that CD's are too expensive and that artists do not get the money
anyway, may be more hostile toward the music industry than most.
Many say record labels should accept that the Internet has
irrevocably changed their business and instead offer new services,
like chat sessions with artists or early ticket sales for concerts,
which they would be willing to pay for. Others say they buy as many
or more CD's as they ever did because they are able to sample music
free and discover artists they like.
"This is just more crazy litigation that shows everyone over 40
not understanding the future of music," said Thomas Geoghegan, 21, a
history major at Maryland and a frequent user of Jason's site before
it was so abruptly removed.
College administrators say they are mindful of their
responsibility to teach students that what they are doing is wrong.
They are also aware of the expense they are incurring as the
constant flow of large media files strains campus networks.
At the same time, they want to protect students' privacy and
rights to free speech and stay out of the role of monitoring what is
sent over their networks. As a result, most colleges have simply
sent warnings to students whom industry groups have reported as
downloading copyrighted material. Some have required students to
write papers on copyright law or have temporarily deprived them of
Internet access. But such measures have had little impact
"It's been very difficult because students have grown up viewing
the Internet as a place where you go to get lots of free access to
things," said Graham Spanier, president of Pennsylvania State
University. "As we have tried to educate our students, half of them
understand it's like going into a store and putting a CD in your
pocket and the other half just can't see it that way."
The threat of legal retribution may be improving their vision.
Since the record industry filed its lawsuits, officials say they
have seen over a dozen internal campus Web sites devoted to
music-sharing go dark.
The complaints charge Daniel Peng, a student at Princeton
University; Joseph Nievelt, a student at Michigan Technological
University; and Aaron Sherman and Jesse Jordan, both students at
Rensselaer Polytechnic Institute, with directly infringing
copyrights by providing dozens of songs from popular artists to
other students to copy.
They also charge the students with contributing to much broader
infringement by running programs that indexed tens of thousands of
songs stored on other computers connected to the campus network by
students who chose to make them available to copy. Accusing the four
of having "taken a network created for higher learning and academic
pursuits and converted it into an emporium of music piracy," the
lawsuits ask for $150,000 for each of the recordings listed on the
students' Web sites, but recording industry officials acknowledge
that having made their point, they expect to settle out of court.
The proliferation of campus file-trading networks appears to have
started two years ago, when many universities capped the amount of
bandwidth allotted to each student.
In response, students began using programs that would let them
share files over the superfast networks that connect computers on
campus, without relying on the Internet.
Because those files may be notes from Psych 101, family pictures
or music by bands that choose to distribute it freely, some academic
community members argue that the students running the programs
should not be held accountable for how others may have used them. By
singling out the technology, they say, the record industry has also
raised First Amendment issues in what otherwise could have been a
straightforward copyright infringement case.
"If this becomes more about a challenge to the technology than
about downloading music for recreational purposes, that is a serious
concern for us," said Peter McDonough, general counsel for
Princeton. "Because we emphatically believe the technologies
themselves are not illegal."
That is also the conclusion of Brendan Dolan-Gavitt, 19, a
freshman at Wesleyan University who has continued to run his own
site, which indexes the shared files of every computer on the
Wesleyan network.
Mr. Dolan-Gavitt took his site down the day after the suits were
filed but put it back up the next day after poring over copyright
statutes. He said that if a copyright holder notified him of an
infringing file in his index, he would remove it, just as the law
says. His mother is nervous, but "I just figured if there was
something I was going to take a stand on it might as well be this,"
he said.
Even before the lawsuits, university administrators felt the heat
of the music industry's stepped-up anti-piracy campaign. In recent
months, entertainment companies have barraged administrators with
complaints documenting alleged copyright infringement over their
networks. Several colleges, in turn, issued more stringent policies
regarding student behavior.
Harvard University warned undergraduates this month that they
would lose their Internet access for a year if they illegally shared
copyrighted material more than once. The United States Naval Academy
punished 85 students who were found to have downloaded copyrighted
movies and songs through the academy's Internet connection. Penn
State warned students that file-sharing could lead to huge fines and
jail time, and deprived 220 students of high-speed Internet
connections in their dorms after finding that they were sharing
copyrighted material. A committee of university presidents and
entertainment industry executives are in the process of formulating
strategies to address the illegal activity on campus. One idea under
consideration: negotiating campuswide licenses for legal online
music services, which colleges could provide as part of a standard
student activities fee along with recreation facilities and
newspaper subscriptions.
Colleges have a financial interest in working with the
entertainment industry to solve the downloading problem: the free
bandwidth they provide to students is getting more and more
expensive, and they must constantly investigate all of the
entertainment industry's complaints to avoid being held liable for
the infringement themselves.
The peremptory lawsuits have also angered some college
administrators.
"They have apparently changed their minds about wanting to work
cooperatively with universities," said Curtis Tompkins, president of
Michigan Tech, who vented his frustration in an open letter to the
recording industry association. "To pick four individuals out of
thousands and line them up against the wall and say, `Here's the
firing squad,' is not the way you deal in higher education."
Just how successful the industry's tougher tactics will be is
unclear. On a recent afternoon at Maryland, a student who once used
Jason's site showed a reporter how to log on to another local
network instead.
"We can't live without it," said Eric Lightman, a junior majoring
in computer science. "If one goes down, another comes up."
On the other hand, an advertisement for a new administrator for
Jason's site willing to "take on whatever legal risks may come
about" has so far received no replies.