Peer-to-peer sharing is illegal, and students will get caught.

The University regularly sends out a notice just like this to all students about the consequences of illegal peer-to-peer file sharing. Although the P2P file sharing software itself is legal, using it to share copyrighted content like licensed software, music and video games is illegal, according to a letter from Interim Provost Warwick Arden.

There is a risk of civil litigation and criminal prosecution, as well as disciplinary actions by the University. Authorities are monitoring content on the University’s network. Between July 2009 and June 2010, the University received 2,249 copyright infringement notices related to illegal file sharing, according to the e-mail.

According to Pam Gerace, director of University Student Legal Services, freshmen are usually the main group involved in illegal P2P sharing.

“Students usually share music and movies in high school,” Gerace said. “They think it is anonymous because they are online. They don’t realize they can easily be caught.”

It is not unusual for companies to file lawsuits against students, according to Gerace.

“Lawsuits have been filed against students for a long time. N.C. State saw its first P2P case in 2004 when [Recording Industry Association of America] started filing lawsuits against one person per university,” Gerace said.  “It was not handled by N.C. State’s University Legal Services.  The student was referred to two trial attorneys who were dealing with similar copyright infringement cases. The student won the case on a technicality.”

Josephine Yurcaba, a freshman in English, said she would never download copyrighted music and movies illegally.

“My mother has always told me that people who produce music and movies work hard. I don’t like buying pirated music or movies,” Yurcaba said.

In 2007, the RIAA filed a mass lawsuit against at least 200 N.C. State students, Gerace said.  Another 200 students received pre-litigation letters saying each student had to pay $3,000 or RIAA would sue them in federal court. When students ignored it, RIAA started filing lawsuits for between $7,000 and $10,000.  However, the RIAA knew only the IP address of the violators. When RIAA contacted the N.C. State server administrators, the University would not reveal the names of the students. The University officials did inform the violators and issued a notice to the students about illegal P2P sharing. Many students contacted University Student Legal Services when they got the pre-litigation letter and learned about the illegality of their choices.

“If any student gets a pre-litigation letter from anyone, please don’t contact anyone mentioned in the contact details in the letter,” Gerace said.  “It is important that you come to us first, so that we can help you. Moreover, we offer free services to the students as the legal advice fee is already included as part of the tuition fee.”

Monica Adams, a freshman in biomedical engineering, said she would not do illegal P2P file sharing.

“I will not do it. But I feel many guys would do it, as they usually have the “devil may care” attitude,” Adams said.

In regards to the 2007 lawsuits from RIAA, University Legal Services worked out an agreement with the RIAA saying the students would settle anonymously.  They worked out a payment plan for the students.

According to Gerace, over the summer, there were cases of students illegally downloading movies. She said the students should not do it, as the chances of being caught are high. Typically, RIAA and other groups will target students, because they are viewed as defenseless and unable to afford a defense attorney.

According to Turi Plisch, associate director of the Office of Student Conduct, most students who have been documented for a P2P file sharing violation are asked to confirm they have removed the infringing content and uninstalled the program used to do so from their computer. Students are also notified that disciplinary action can occur on continued behavior.

Disciplinary action might include a written warning, restricted access to the University computing networks and other educational programs to help student understand the impact of sharing files illegally, Plisch said.  As with any violation of University expectations, if a student continues to engage in behavior, more severe consequences could result, such as probation and suspension.

Daniel Gallagher, a freshman in communications, said although sometimes students can avoid being detected, they should not do it.

“There are always ways to get around it, but one should not do it,” Gallagher said. “Moreover, downloading copyrighted stuff from the Internet carries some risks, as there might be viruses attached to them. Also, if you are caught doing it, you have to pay huge fines. I would rather buy licensed stuff.”

Rachel Jordon, a freshman in architecture, said she would probably not share illegal files using P2P sharing software.

“I’m not surprised that N.C. State is taking such stringent measures in curbing the problem on illegal P2P sharing,” Jordan said.

Brian Dellinger, a doctoral student in computer science, said he feels the reason for the increasing number of illegal P2P file sharing cases is because the law has not yet caught up with the technological advances.

“It will lead to a short-term decrease, but someone will be motivated to find a way around [being detected],” Dellinger said.

Cozell McQueen, III, a senior in business marketing, said he felt suspending a student because they were involved in P2P sharing was too harsh.

 ”They should just be warned and let go,” McQueen said.