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http://chronicle.com/weekly/v52/i15/15b02401.htm From the issue dated December 2, 2005 POINT OF VIEW Thou Shalt Not Pirate Thy Neighbor's Songs

By GRAHAM SPANIER and CARY H. SHERMAN

As the new academic year has gotten under way, there has been a new level of clarity concerning piracy on file-sharing networks. In June the Supreme Court handed down its decision in the case of Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., finding that file-sharing companies and others that intentionally encourage or induce copyright infringement by third parties can be liable for infringement themselves. While any specific ramifications for colleges and universities are yet to be determined, the underlying message is straightforward: Stealing intellectual property is wrong.

The rare occurrence of a unanimous court decision in Grokster — coupled with the subsequent shutdown of that service last month — gives weight to continuing efforts to stop the rampant piracy that is taking place at our nation's higher-education institutions. The 2005-6 academic year provides an extraordinary opportunity for colleges and universities to reaffirm — or in many cases, to take the initial step of defining — the importance of that message for our students.

Leaders in higher education and entertainment have worked hard to find ways to protect and value copyrighted works while respecting and maintaining other fundamental values within the academic environment. We certainly have seen some positive results since the Joint Committee of the Higher Education and Entertainment Communities, which we lead, began its work in December 2002. But massive illegal copying, what Justice Stephen G. Breyer equated to "garden-variety theft," nevertheless remains a serious problem on college and university networks.

Many students arrive on their campuses eager to use their institutions' high-speed connections to pirate songs, movies, games, and other creative content. The flood of those illegal files typically uses a significant portion of the available bandwidth intended for academic purposes. Further, such files threaten the security and stability of a college or university's computing infrastructure by potentially introducing malicious viruses, worms, and Trojan horses. The continuing presence of illegal file sharing in academe has been further brought to light by the music and film industries, which have stepped up their widely publicized litigation efforts, bringing lawsuits to campuses where students are made directly aware of the consequences of illegal behavior.

Clearly, illegal file sharing has immediate repercussions for both higher-education institutions and their students. But failing to deal with such activity appropriately may have even more far-reaching effects. In the words of the Supreme Court, "the ease of copying songs or movies using software like Grokster's ... is fostering disdain for copyright protection."

That is unacceptable in any instance but should be particularly disturbing at colleges and universities, where creators and inventors thrive. A recent policy paper of the Association of Governing Boards of Universities and Colleges further clarifies that point, stating that in terms of copyright law, colleges' "promotion and compliance is a matter of self-interest — to preserve their credibility in protecting their own intellectual property." To value an institution's own contributions to society, it is necessary to foster an environment that respects all creative work.

Just as the court has called on the businesses that encourage and profit from the theft of intellectual property to embrace a legitimate model, so too should educational institutions do their part to halt the copyright infringement occurring on their campuses. That starts with acknowledging the problem. Now more than ever, colleges and universities are wrong to turn a blind eye to the problem at hand. To do so — to allow students to leave college believing that piracy is acceptable or even the norm — fails a generation in more ways than one.

That also means accepting responsibility. Higher-education institutions all across the country view plagiarism as an issue on which they must intercede. Copyright infringement should be no different. It is more than an issue of individual responsibility for students. It is a problem that reflects upon all of us and should be treated as such.

It is equally important that colleges and universities demonstrate the willingness to invest in setting the problem right. Many institutions think nothing of spending money for cable television in residence halls yet shirk from the notion of supporting a legitimate music service for students. Where students see evidence of a leadership committed to the path of right, they are far more likely to follow suit.

Let's be realistic: Even students who have access to a legitimate online music service may revert to an illegal peer-to-peer service when they want to acquire a permanent copy of a song they like. After all, the peer-to-peer version will be free. And what that illustrates is not that offering an online service is futile, but rather that leadership on the part of university administrators is absolutely essential in teaching students that music has value, and there is a right way to acquire it.

For colleges and universities, the decision in Grokster can be both a catalyst for renewed attention as well as a wake-up call to those colleges and universities that have yet to engage the issue. Specifically, we suggest that administrators consider the following:

Inform students of their moral and legal responsibilities to respect the rights of copyright owners.
Specify what practices are, and are not, acceptable on the institution's network.
Impose effective remedies against violators of institutional policies and the law.
Determine whether the institution is hosting an internal file-sharing system on a local-area network, enabling students to illegally trade files without accessing the public Internet.
Implement antipiracy hardware, software, or other means to prevent piracy.
Adopt a legitimate service to offer students an alternative to stealing.
Institutions have made remarkable progress during the past year in confronting the issue of piracy. Acceptable-use policies that describe the proper use of institutional resources and outline the penalties for noncompliance are now common. Educational programs, campaigns, and communications are growing. Many colleges and universities have also put in place antipiracy filtering technology to limit the inappropriate use of their networks and to allow legitimate online services to succeed.

Yet, without question, considerable work remains to be done. For example, more than 70 colleges and universities across the country have adopted legitimate online services such as Napster, Cdigix, Ruckus, Rhapsody, and iTunes, to enable their students to acquire music and movies legally. But to truly tackle the problem of piracy, hundreds of other institutions must also take that step.

We look forward to the rest of the academic year and the opportunity to engage even more college and university leaders in further discussions on copyright policies and initiatives. The issue was important enough to reach the highest court in the land; the message was clear enough to receive a unanimous decision. The promotion of theft, even in the digital age, should not be tolerated. A new generation of young adults looks to all of us for guidance. It is of service to no one to turn and look the other way.

Graham Spanier is president of the Pennsylvania State University, and Cary H. Sherman is president of the Recording Industry Association of America.

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Section: The Chronicle Review
Volume 52, Issue 15, Page B24