BC Sees Spike in Illegal Downloads

By Tom Wiedeman
October 5, 2006
Publisher

145 cited for violations compared to 13 last year

Despite the proliferation of legal downloading programs like iTunes, Ruckus, and Napster, it seems Boston College students still favor illegal, and typically free means to fill up their iPods.

As of Tuesday, the University had received 145 notices since the start of the school year from the Recording Industry Association of America (RIAA) and other copyright organizations citing BC students for downloading everything from Green Day's American Idiot to Warner Brothers' movie Beerfest to Microsoft Office software.

The large number of notices is especially significant in comparison - at this time last year, only 13 had been sent.

All of the notices, which have not yet escalated to the level of subpoenas, have been for the file-sharing program, Ares. Though BC has not received any notices regarding the popular MyTunes program, Information Technology Services (ITS) Director of Policy and Security David Escalante did say that BC had received a formal notice from the RIAA that it is investigating the use of that program.

"All of the notices have been for Ares in the last month, which doesn't mean you're safe using another program," said Escalante. "They either go after one specific technology or one specific artist. We'll get [notices for] a bunch of people with the same artist or sometimes it will be with particular technologies and the artists will vary."

Use of programs like these, which are frequently updated to find new ways around firewalls and other protections, is considered illegal under the Digital Millennium Copyright Act and is in violation of BC's "Use of Technological Resources Policy."

Though the first violation serves essentially as a warning, subsequent violations likely result in the student's name being sent to the Office for the Dean of Student Development (ODSD). The student will be asked to give his or her computer to the IT Help Center where the computer will be "reimaged" to remove file-sharing programs, and may face other sanctions.

"Our concern is twofold: that the University doesn't become exposed to legal issues and to protect students. [Students] are getting hammered for five or six thousand dollars in out of court settlements. Students need to learn that ethically they are breaking the law," said Paul Chebator, associate dean in the Office for Student Development, who added that two students are currently under investigation by ODSD for multiple violations.

When a computer is activated on the BC network it is automatically assigned a specific IP address that is then attached to the owner's BC ID. Copyright owners are able to detect that an IP address downloading music originated from BC's network, and then send notices to BC's Office of the General Counsel - BC's official legal counsel - which forwards these messages to Information Technology Services. Students then receive an e-mail from ITS requesting they remove the files and discontinue downloading illegally. In the e-mail, it is listed as a "warning."

Escalante said that BC does not actively look for students using file-sharing programs, nor does it block these programs. BC also does not provide the RIAA with names of the students attached to each IP address.

BC is, however, required to turn over names and information in the case of a subpoena - which is not unheard of at BC. At least four BC students have been subpoenaed by the RIAA for illegal downloading in the past four years, the most recent case occurring in 2005. If a subpoena is issued, BC will work with the student attached to the infringing IP address in terms of obtaining legal counsel, but is also required by law to turn over all information to the courts.

"When we notify the students, we notify them that they're breaking both the law and BC policy and we expect them to stop doing so," said Escalante. "It'd be nice if people would stop using them because we don't want to see anyone subpoenaed."