OUR OPINION: While this is welcome news, particularly for students, this is not the end of the war over digital media sharing.
For the time being, students will not need to worry about being served with a lawsuit from the Recording Industry Association of America regarding illegal peer-to-peer sharing of copyrighted digital media.
But don’t break out the champagne and start the parade yet — there may still be consequences for sharing copyrighted material via peer-to-peer networks on the horizon. And with N.C. State being one of the top 25 offenders according to the RIAA, the decision to cease lawsuits against illegal filesharers may only mark the start of a new anti-piracy strategy.
Pam Gerace, director of Student Legal Services, said if the news is true, it is a huge burden off the University. However, Gerace is skeptical about the decision and what the impact on students might be, as students may still incorrectly believe that limiting the amount of copyrighted material they download will keep them out of trouble, when it is the peer-to-peer sharing and distribution that is illegal. Gerace said there were occasions where a student had downloaded only one song and was served with a lawsuit.
The RIAA’s previous lawsuits hinged on tracking IP addresses that illegally distributed copyrighted material via peer-to-peer networks. But the RIAA may now be looking to reach agreements with internet service providers (ISPs) to deal with illegal filesharing by limiting or blocking internet connectivity to users who breach copyright laws.
Gerace said the previous method of IP address tracking tended to turn up large numbers of students in dorms, as well as some graduate students and faculty and staff members — on-campus computing operates with a pool of similar IP addresses. Yet information regarding an agreement between the RIAA and ISPs is only speculation. Moreover, the RIAA has not taken lawsuits off the table, and downloading and sharing music now may only lead to a lawsuit later.
Regardless, the University is committed to halting illegal filesharing, and may consider programs to monitor and penalize illegal peer-to-peer filesharing by throttling down bandwidth to users who violate policy regarding copyrighted materials, enabling students and faculty to use the Internet for constructive, academic purposes.
Ultimately, this may simply be a strategic retreat by the RIAA. Gerace said the RIAA also has a strong lobbying presence, which has pushed for stricter controls, changes in the bankruptcy code to prevent prosecuted filesharers from declaring bankruptcy and alterations to the federal aid program to penalize universities that are top offenders.
The bottom line: don’t download that new song just yet. If the RIAA isn’t watching, someone else probably is.
