August 28, 2008
Colleges Send Polite E-Mail Messages to Students Trading Files Online
The University of Michigan has developed a system that detects users who are swapping files on peer-to-peer networks and automatically e-mails them a notice of the activity. The system, called “Be Aware You’re Uploading,” doesn’t stop the file trading, which in many cases constitutes illegally swapping pirated music or movies. Instead the e-mail notice contains “educational information” about illegal file sharing, according to the program’s Web page.
Aside from delivering a daily dose of guilt to those who are pirating music intentionally, the system lets less tech-savvy students who are swapping music unintentionally know about it. Some software automatically dishes out a user’s music library without their knowledge.
Ars Technica reports that Northwestern University started the same service on its campus this week, and that the University of Michigan is encouraging other campuses to use their software and materials to follow suit.—Jeffrey R. Young
Posted on Thursday August 28, 2008 | Permalink |Comments
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Dear Students,
Normally we stand up for you and look out for you, but we are soooo afraid of the RIAA that, when questioned, we will roll up like a $.79 burrito at taco smell. So…good luck in court!
— Landry Tomlinson Aug 28, 03:59 PM #
Also please keep in mind that you are still guilty for sharing, even if it is music you wrote and recorded yourself.
— Smith Aug 28, 04:53 PM #
Yes, how would the system know if what you are sending is actually a file that isn’t allowed to be shared? Is there a person looking at each exchange that determines the legality of the content of the file? Like above, what if I wrote the song and I want to share it with all my friends? Do I get the guilty emails too?
— Sjane Aug 28, 05:46 PM #
This is a good effort. While those who responded before me cry foul, the fact is that most of the students pegged are indeed sharing copyrighted files. We tell students over and over, they’re engaging in risky behavior by sharing music files. Yet the continue. And there are many who are simply naive. We get a new class of them every year.
No one wants to monitor network traffic, but this is an innovative solution that is in their best interest.
Sure, we could try bucking the RIAA, but given all the other priorities on our campuses, do we really want to spend our time here?
— Dwight Aug 29, 07:02 AM #
I’m part of the group that receives DMCA, etc notices. We notify the person accused of the infringement and tell them to stop illegal file sharing activity and to preserve any evidence (we have to, but don’t turn over identifying info without a subpoena). Almost without exception our clients write back and say “I didn’t know I was sharing files.” Many of them also ask how to turn off file sharing. I think U Mich is meeting a serious need. Proactively notifying people that they may be doing something that will get them slapped with a lawsuit – or “notice of early settlement”, which bullies them into paying thousands of dollars to avoid a lawsuit – is a valuable service. Think of the consequences of the early settlement letters – $3K can cost a student a semester at the university. The recipient of the notice can decide for themselves whether their activity is legal or not. I’m sure staff will be happy to assist them in that evaluation.
— Debbie C Aug 29, 08:25 AM #
Dwight, How do you know the people are sharing files they aren’t allowed to? I don’t mind the e-mail that much but the site listed above doesn’t really give much information that there are many legitimate uses for file sharing. For example, I regularly use peer-to-peer technology to share GNU and other Free/Open Source Software. I think the idea that Michigan is using is OK, providing they don’t keep a record of who they sent the messages too and who visited the page (which I doubt is the case, and in fact isn’t totally the case because in order to opt out, they need to know who record who you are). However, they really should do more on their site to acknowledge that there are many forms of legal file sharing instead of assuming everyone who uses this technology is a criminal.
— Edward Aug 29, 08:44 AM #
Edward and all, go to the actual site for the system — http://www.bayu.umich.edu/ It contains a lot more information, including an explicit statement that much P2P file sharing is legitimate and necessary for academic work. Incidentally, those who think universities can simply blow off the persecution that the RIAA and MPAA are engaged in against higher education don’t understand the law. The entertainment industry is working overtime to enact even more punitive laws against higher education on this front, while completely ignoring commercial ISPs where the vast majority of unlawful file sharing takes place. Could the fact that the entertainment industry OWNS many commercial ISPs have something to do with this unfair imbalance? Just wondering…
— john Aug 29, 08:54 AM #
U of M’s letter seems to be a benign way of informing their network users of the risks involved in sharing illegal files. I don’t think that it is a matter of assuming everyone is guilty as much as informing them of the types of illegal files and to allow them to make their own decisions. I believe that court rullings are against the colleges and universities who do not do something proactive to curb illegal activities. This seems as benign a way as any of fulfilling their responsibilities. This doesn’t seem accusatory as much as informative.
— Warren Aug 29, 08:58 AM #
John has got it right. The RIAA has been their own worst enemy in this for a long time – failing to adapt to the changing ways in which young people want to get the their music, just as they get everything else: fast and online. As well, the industry is indeed, at the same time, its own best friend. They work overtime in Congress and in vast monitoring networks to nail college students using college systems, while the vast ocean of illegal file-sharing goes largely untouched.
— DDVA Aug 29, 11:04 AM #
How about this as an alternative to routine snooping by college IT? (1) At the beginning of each semester IT sends an email to everyone reminding them of copyright issues and the dangers even of sharing unaware. (2) IT offers to detect P2P activity on the user’s account. (3) The user may opt out of this kind of detection. (4) IT warns that opting out may make it harder for the user to defend him/herself against accusations of violations, and that court orders may make it necessary for IT to detect P2P activity without the user’s knowledge.
— dionysos Aug 29, 12:20 PM #
dionysos – simple and smart.
— ML Aug 29, 12:40 PM #
For the record, BAYU involves no snooping. It does not look at hard disk content and it does not open packets to inspect content. It merely notices data being exported using P2P protocol. No record is kept. Users can opt out of being told they are uploading. Michigan’s student newspaper endorsed BAYU as friendly to students.
— John Aug 29, 12:59 PM #
Its obvious the school dont realize that an email wont make me stop. They try and tell me in the orientation, and I do it any way. What the heck do they think sending me an email will do?
— student Aug 29, 02:14 PM #
I’m not entirely (or even partially) savvy on this issue. How can you share files without being aware. I’m not asking to be sarcastic — I dont’ understand the mechanism. I’d be thankful if someone could give me a brief explanation. Thanks.
— babylawyer Aug 29, 02:37 PM #
@babylawyer: Many of the programs are set up to automatically share files placed in some default directories, including the one to which files are downloaded by the program. In some ways, it’s understandable; for the peer-to-peer networks to function, some users have to be sharing files.
The issue that I have with the approach of telling students to “just stop uploading” or “just don’t share files” is that it implicitly or even explicitly gives a thumbs up to downloading files unlawfully. I understand that it’s a step in the right direction but if we’re going to ask students to respect the law and copyright holders’ rights then we need to do that, not make a halfway effort that only damages our own credibility and moral (and legal?) standing. On the other hand, that does seem to be something like “abstinence-only education” which I don’t like at all because it’s ineffective…
— Kevin R. Guidry Aug 29, 03:50 PM #
BAYU has been VERY effective. And rest assured, students are told that unlawful sharing of copyrighted information is wrong and a violation of university policy that makes them subject to sanctions. This isn’t “just say no.”
— John Aug 29, 05:57 PM #
BAYU has been very effective at what, exactly?
Its three stated goals (from the site) are (1) the University seeks to help users avoid unwittingly uploading. (2) the University seeks to help users who are consciously uploading to do so lawfully. (3) University seeks to help people who use peer-to-peer (P2P) technology be mindful of the risks associated with using this technology.
(1) Very, very few people are “accidentally” uploading. The vast majority of p2p traffic is from torrents or usenet, which you cannot accidentally do. In regards to Debbie saying: “ Almost without exception our clients write back and say “I didn’t know I was sharing files.” “ Yes, and almost without exception every time someone is pulled over for speeding they tell the officer they didn’t know they were speeding.
(2) If they are consciously uploading legally, then they do not need need an email linking them to a site telling them how to legally upload. If they are consciously illegally uploading, then likewise they do not need a site telling them how to legally upload. This “goal” makes very little sense.
(3) To make them mindful of the risks? People who illegally download are aware of the risks, unless they live under a rock, in which case they wouldn’t be file sharing. Everyone knows illegal file sharing is illegal. “to help them be mindful of the risks” is a PC way of saying “we intend to scare them so that they will stop”.
U of M is just allowing the MAFIAA (http://mafiaa.org/) to push its scare tactics into educational institutions, under the guise of “helping” students.
— James Aug 29, 06:40 PM #
One of the risks that students may not realize they are taking is that most of their potential future employers rely to some degree or other on intellectual property protection, whether copyrights or patents. In their interview for a job at these companies, when they are asked if they have ever consciously violated IP laws, how are they going to respond? If they tell the truth, they may well lose out for the job when there are many other applicants not so burdened with this past illegal behavior. If they lie, they start off on the wrong foot with their new employer and run the risk that, when the truth comes out, they will be fired for lying. How many students are thinking that far ahead when they engage in P2P illegal activity? Not many, I wager, but the consequences for their future careers are indeed serious.
— Sandy Thatcher Aug 29, 10:04 PM #
The university owns the network over which these files are being shared. This ownership implies the right to determine rules of use and makes it potentially liable for any illegal activity taking place over its network. If students don’t find the university’s network suitable for their “needs,” they can move off campus and contract with an ISP (much as they move into an off-campus apartment when they find university housing facilities unaccommodating in regard to their underage drinking.)
To anticipate one potential concern: academic freedom does not provide a license to violate law, copyright or otherwise.
— drj50 Sep 2, 09:24 AM #
drj50: The DMCA provides network operators with significant protections and relieves them of liability for users’ copyright infringement provided the network operator complies with the DMCA. So I don’t think your statement that “ownership implies potential liability” is quite right.
— Kevin Guidry Sep 2, 04:24 PM #
Here, here, drj50! Students, remember the adage, “Live by my rules while living in my house”?
University copyright staff are merely trying to help students by educating them (not to mention faculty, as well). We are not agents for the RIAA or any other copyright enforcement group. We are, however, responsible for protecting the university’s interest, which unfortunately includes being the middle man between the RIAA, for example, and those who use a P2P network through a university account.
If you aren’t doing anything illegal but you’re sharing files, then obviously you don’t need to be alarmed. However, if you know you’re grabbing music/movies/games/software w/out paying for it and sharing it, then you’re receiving a “heads up” from the university (your ISP) that you may be on the RIAA’s radar. Ask yourself, “How does the RIAA know that I’m sharing files?”
If you plan to continue to steal using the Internet, don’t use your university account. Simple as that.
— CCH Sep 2, 04:37 PM #
“We tell students over and over, they’re engaging in risky behavior by sharing music files.”
We tell students over and over, they’re engaging in risky behavior by sharing…
— Anon Sep 3, 12:30 AM #
Student Aug. 29 2:14 pm
Well, your comment says alot for your morals and values systems. Let me guess, you HATE it when someone rips you off, right???? As for stealing copyrighted material – it’s OK because ‘everyone’ is doing it. SAD!
— do the right thing Sep 3, 04:39 PM #
@dotherightthing:
Copying and stealing are fundamentally different. If I steal your bicycle, you no longer have your bicycle, but if I copy your song, we both have it. The concept of theft is illogical in a market devoid of scarcity. What is sad is how profit-driven institutions have successfully brainwashed the majority of the public into ignoring this important distinction.
@CCH, as Kevin Guidry kindly pointed out, the University’s interests are not being threatened, any more than the ISPs interests are being threatened. The interests being protected here are solely those of institutions such as the RIAA and MPAA.
— James Sep 3, 08:24 PM #