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'Imminent' lawsuits force officials to explore legal file-sharing

By Katy Stech
Posted: 4/21/04, 2:58 AM EST Section: News
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"Punishments can vary based on how serious the offense is," Nosky said. "You'll be in a lot more trouble if we catch you sharing 'Kill Bill Volume 2' than if you were downloading a Fleetwood Mac song from 1978."

A second-time offender's sanctions can include probationary status, temporary denial of access to the university network and assignment of an educational project, said Juanita Perez Williams, director of the office of Judicial Affairs.

The university's method of punishment, though, doesn't act as an effective deterrent to students, said Williams.

First-time offenses are not treated seriously enough, and the odds of being caught more than once are small, so steeper penalties may not be effective in scaring or stopping students, Nosky said.

The university itself doesn't actively look for students who are file-sharing, but Nosky said the university should crack down on file-sharers to protect them from future RIAA punishments.

On March 23, the RIAA issued 532 subpoenas to people who were allegedly file-sharing. Eighty-nine ports were associated with 20 different university networks - but none to SU students.

Nine of the 532 suits filed in March were against New York University students. NYU officials initially refused to release the students' names, but after a three-week investigation, NYU officials will most likely comply, according to an article in NYU's The Washington Square News.

SU officials, however, wouldn't refuse to cooperate with a legal request from the RIAA if one were lodged against an SU student, Nosky said.

"When the university is confronted with legal documents, we will follow rules of the court," Nosky said. "If we get that subpoena, we will comply."

Aware of the risks that file-sharing students face, universities - including SU - are looking into accepted alternatives to minimize the possibility of litigation.

Pennsylvania State University was the first institution to subscribe to an online file-sharing service, allowing its students to temporarily stream songs for free or to pay 99 cents a song for a permanent copy.
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