The legal notices UB receives alleging copyright infringement have declined the past two years, but many students are still downloading and keeping large music files despite the risk, according to Harvey Axlerod, UB's computer discipline officer.
Though no lawsuits have been filed against UB students, the university has received takedown letters from the MPAA and other companies representing the movie, music and software industries.
UB officials expect to handle an estimated 100 takedown notices this year, the same as last year, Axlerod said. The notices numbered 260 just two years ago, and some UB students still keep large music files despite the risk.
"I'm always surprised that we haven't been hit sooner," Axlerod said. "Seven hundred music files is a lot of music files. That puts you on the map and at risk of getting hit with a lawsuit."
Downloading is not illegal, but downloading and sharing copyrighted work without permission is. The popular practice, especially for movies and music, recently came into the local spotlight after the Motion Picture Association of America filed lawsuits against five New Yorkers, as reported in Newsweek and The Buffalo News.
Illegal downloading can result in a civil violation with fines that range from $750 to $150,000 per violation.
"It's all about the bucks. The people who produce the work want to get reimbursed," Axlerod said.
The controversial Digital Millennium Copyright Act heightens penalties for copyright infringement on the Internet, while limiting liability of online providers. The law, passed in 1998, was supported by the entertainment and software industry, but opposed by academics, libraries and scientists.
UB serves as an online provider and is required to take action under the federal law, conducting investigations and assisting in removing the material from students' Web sites that amounts to copyright infringement.
Students caught are informed to eliminate the material and complete an online copyright course. The course includes an assessment that must be passed with a minimum of 90 percent, but students can take it as many times as needed within a one-week time frame.
UB switched to an automated system in handling takedown notices because of the high number of incidents two years ago.
"In putting up the course, we're educating people," Axlerod said. "A takedown notice will give students a view of what the laws and penalties are and how they can protect themselves in the future."
The privacy of students involved in copyright infringement activities on the Internet is protected under federal law, so UB does not release their identity. However, the university can be subpoenaed for the information in the case of a lawsuit. A takedown notice is a warning.
"Once you get into the lawsuit area, you're in a whole heap of trouble," Axlerod said.
UB would advise students to get an attorney, he said.
"On the one hand, we're ordered to give the information, on the other hand, the student is protected under (the Family Education Rights and Privacy Act)," Axlerod said. Lawyers would have to battle it out in court. "It happened at MIT, and they had to spill the names."
The entertainment industry is a multi-million dollar enterprise with the best lawyers and technology people, Axlerod said. In addition, intellectual property lawyers hired to defend copyright issues charge about $500 per hour.
"You are up against Goliath, there's no question."
Several students who download music regularly said they believe music should be free, or at least offered at lower cost to the consumer. Students said they wanted more choice to custom design their own music collection on each CD at the touch of a button.
"It's like sharing toys," said Lindsay Zirnheld, a freshman psychology major. "I think it should be free. It's just like me buying a CD and sharing it with a friend."
"But nothing's free. It's America," she added.
"Downloading music at UB is easier, because it's faster," said Patrick McGowan, a freshman bioinformatics major. "The computers are on the same network, so if one person has the song, it's easy for everyone to share it."
McGowan said he doesn't download movies, but used to download music.
"Once Napster got hit and people started getting sued, I stopped," he said.
