New federal rules aimed at illegal file-sharing on college and university campuses will not force institutions to drastically change their approaches to reducing the activity.
The rules, published on Thursday in the Federal Register, instruct colleges and universities to develop written plans to combat illegal file-sharing, educate their network users about laws regarding copyright material, and offer legal alternatives to downloading protected content.
Though some university officials maintain the rules unfairly single out colleges while leaving large commercial Internet providers untouched, most said colleges would not be heavily burdened, because they already comply through existing programs.
The regulations give institutions of higher education practical guidelines for complying with provisions in the reauthorized Higher Education Act, which was passed in August 2008. The rules, which apply to all colleges and universities that accept federal financial aid, will take effect in July 2010.
"We felt all along that most campuses have been behaving responsibly," said Steven L. Worona, director of policy and networking programs at Educause, a nonprofit group that promotes technology in higher education. "This is a way of codifying that responsible behavior."
For example, the rules require that institutions offer legal alternatives to illegal downloading. Mr. Worona said that simply notifying students of a list of Web sites where they can legally purchase content would satisfy that requirement.
The only new burden on institutions, he noted, is that they will probably have to invest staff time in writing plans that detail what they're already doing.
The recording industry, which pushed for file-sharing language to be included in the reauthorized act, was also pleased.
"We got, ultimately, what we wanted to get, which is a workable solution on both sides," said Cara Duckworth, a spokeswoman for the Recording Industry Association of America. Illegal file-sharing "isn't just an entertainment-industry problem. This is also a higher-education community problem," she said. As piracy declines, Ms. Duckworth noted, bandwidth and management costs for colleges and universities will also decrease in the long run.
Tracy Mitrano, director of information-technology policy and the computer policy and law program at Cornell University, called the legislation "unfair" and "silly" because the illegal file-sharing that takes place on campuses of colleges and universities is only a small percentage of illegal file-sharing that happens across the United States. Large Internet service providers, such as Comcast, Verizon, or Time Warner, should also be subject to the same laws, she said.
The specific rules themselves, she added, seem to respect that colleges and universities have diverse ways of tackling the problem of their students illegally using copyright content.
"There is flexibility in how to approach compliance, and that's a very important feature in the rule-making process," she said.





Comments
1. please - October 29, 2009 at 12:22 pm
"This is also a higher-education community problem," she said. As piracy declines, Ms. Duckworth noted, bandwidth and management costs for colleges and universities will also decrease in the long run.
- - -
Uh, management costs rise in relation to the regulatory measures the RIAA demands of universities and colleges via its lobbyists in Washington D.C. -- they're the ones imposing the additional costs. Furthermore, universities and colleges generally get a discount from ISPs on the cost of bandwidth; does Mrs. Duckworth really think ISPs are going to reduce their rates if illegal file sharing no longer took place? Really?
Illegal file sharing isn't a higher-education community problem or an entertainment-industry problem; it's a problem for, and defined by, the RIAA and the MPAA. The rest of us just keep on downloading...
2. stevefoerster - October 29, 2009 at 05:26 pm
Perhaps the entertainment industries would do better to spend more time working on business models that actually work in the twenty-first century and less time on trying to command this particular tide not to advance.
3. isenhour - October 30, 2009 at 09:22 am
I'd like to look at these rules myself,
The link to the "rules" in the second paragraph is dead, and it is non obvious looking through the register for the cited date. Anybody have a link to the live data? -thanks!
4. librarylvr - November 02, 2009 at 11:37 am
Here's the link to the rules:
http://frwebgate5.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=17883239027+0+1+0&WAISaction=retrieve
Happy reading?!