Despite assurances that Boston University does not monitor network activity, students have been receiving emails threatening disciplinary action for downloading copyrighted music and movies online.
Within the email, Jim Stone, director of Information Technology, informs the student of the “illegal possession or distribution of copyrighted material” taking place, and reminds him or her it is a federal offense. Threatening further action without compliance, the email continues saying the student could incur “academic suspension or dismissal, fines and prosecution under federal law.”
Stone would not disclose the number of warnings sent, but said he has been sending the emails for more than five years, partly to comply with the Digital Millennium Copyright Act, which requires Internet service providers to stop its users from owning or sharing copyrighted material.
Use of a file sharing program, such as KaZaA, lists one’s computer as a source for others to receive downloadable files, most of which are protected under copyright laws. As the agent for the University’s Internet service provider, Stone is notified by independent agencies that search for illegal file sharing, and is then obligated to inform the infringing individual.
“These organizations seek out the people — students, in many cases — who are illegally publishing the music,” Stone said. “No student owns that copyright.”
MediaForce, one such agency, acts on behalf of its clients — media publishers and recording companies — to “protect their digital content,” according to President Gary Millin. MediaForce then gives BU the violator’s email address, IP and Ethernet addresses, date of infringement and the name of the file illegally shared.
However, Millin said the agency has no contracted arrangement with BU.
“We find things listed publicly on the Internet, and can tell where they are coming from,” he said. “We let [the administration] know it’s illegal activity, and it’s their responsibility to remove it.”
John Graff, assistant director of Judicial Affairs at BU, said the University has the right to sanction a student for copyright infringement, since the possession and distribution of such material is a federal violation.
“Our code of student responsibility has a component which requires students to obey all state and federal laws,” Graff said. “The range [of punishments] are from a letter of warning to expulsion from the University.”
However, BU has not yet taken disciplinary action in any cases, since all students have been compliant, Graff said.
“If a student refuses to comply, then certainly we would initiate judicial proceedings,” he said.
Lisa Babin, a College of Arts and Sciences freshman, said she received the email on Sept. 10, only hours after downloading “Austin Powers in Goldmember.” She said she followed the instructions to remove all copyrighted materials, as well as her file-sharing program.
“I deleted all the files and deleted KaZaA from my computer, because I thought it’d be a bad idea to get busted the first week of school,” she said.
Babin said she was upset to have been singled out for her actions.
“So many kids on my floor download so much more stuff than I do,” she said.
Kate VanAkin, a School of Management sophomore, said receiving a threatening email would not stop her from sharing files. She said she thought there was no effective method to control downloading music, and the emails were probably just an attempt to scare students.
“The benefits from getting free music far outweigh the risks,” she said.
However, Stone said he sees illegal file sharing as theft.
“The fact is that these very same students would not walk into a record store and walk out the door without paying, yet that is effectively what they’re doing on the Internet,” he said.
Stone says he does not see the problem improving, as efforts to warn incoming freshmen and their parents have not been completely productive.
“I think many students are aware that this is a federal violation,” he said. “But I think they look around, and everybody is running some form of KaZaA, and say ‘What’s the big deal?'”
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