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The File-Sharing War
Student continue to download music and movies; the RIAA and MPAA frowns

Kelli Clancy
Staff Writer

Illustration By Dustin Ingalls

Chances are that while at Chapel Hill you or one of your friends have burned a music CD or watched a burned DVD. College is a time of frugality for most students, so why spend twenty dollars for a movie or CD when you can acquire them free off the web File-sharing programs such as Kazaa, WinMX, Bearshare, and Grokster allow students to upload and download pirated movies, video games, and songs free. And because UNC requires their students to have laptops, which now come with CD burners, students have everything they need to download and burn at their fingertips. Free music, movies, and games- the idea sounds like a college student’s paradise.

But the Recording Industry Association of America is out to spoil the fun by slapping file-sharers with lawsuits in an effort to scare them into buying CDs and DVDs. On January 21, 2004, the RIAA filed its largest number of lawsuits yet in the war on illegal file-sharing as 532 John Does, tracked by their IP addresses, woke up to find themselves faced with hefty lawsuits and the misfortune of serving as an example. To make matters worse for the unlucky 532, the laws concerning John Doe lawsuits forbid defendants from settling outside of court. Without the opportunity to settle, defendants face higher fines, longer sentences, and the stress and cost of going to court.

However, this does not mean that file-sharing companies are just going to roll over and die. First, Napster put up a strong, though ultimately futile, fight against the music industry. Now Kazaa is ready to get down and dirty by slapping the RIAA with its own lawsuit. According to Kazaa, the RIAA is guilty of copyright infringement. There is an obvious question of how a company whose software is responsible for illegal downloading of files can sue for copyright infringement. According to Kazaa, the RIAA is guilty of illegally using its program to invade the privacy of its users, corrupt their files, and send threatening messages. However, the RIAA seems confident that the lawsuit is nothing more than a last ditch effort, which will not go very far in court.

But with new programs popping up everyday, are the RIAA’s efforts to crack down on downloading really working? Well, it depends on whom you ask. According to surveys, the number of Americans who download illegal files has dropped substantially since the RIAA began its lawsuit campaign. However, other statistics that measure the number of files people are downloading suggest that the only change is in people’s willingness to admit to file sharing. Nor is file sharing limited to the United States; a fact that might be the thorn in the RIAA’s side. Many people in Europe or Asia share music without having to worry about RIAA lawsuits. The RIAA mainly focuses on people who upload files, so Americans may still have the chance to download their favorite songs thanks to our friends across the Atlantic.

But music downloads are only half of the problem; the entertainment industry also has to worry about movies being pirated. Pirating movies has become increasingly popular, especially with pre-release copies of hyped-up Hollywood blockbusters. In addition to movies that were uploaded, over fifty pre-release “Hollywood blockbusters” were pirated this year. After seeing how the music industry has suffered from file sharing, the Motion Picture Association of America has not wasted any time in prosecuting individuals who pirate movies. Even though prosecutions have begun one must wonder whether they will actually deter the trading of movies, given the widespread availability of the internet.

How does this affect us as students at UNC? And what is the likelihood that out of the millions of Americans who use file-sharing programs, you will be the one that they catch? File sharing matters for UNC students because it is an abuse of the school’s network, which violates the Honor Code. The school measures the bandwidth use of Carolina students who purchased laptops from the school, and report students who are using extraordinary amounts of bandwidth.

Does this mean that if your computer uses Roadrunner or some other means to connect to the Internet, you can download as you please? Perhaps one would be safe as far as the Honor Court is concerned. Yet if served with a lawsuit from the RIAA, a violation of the Honor Code would most likely be the least of your worries. Although the chances are slim, it could quite possibly happen to you--it has already happened to one of our fellow Carolina students. Along with the ACLU, this student is fighting his lawsuit, arguing that the way it is being handled violates the Fourteenth Amendment. And with the RIAA and MPAA filing a greater number of lawsuits every day, your chances of being caught are increasing. If caught and convicted of a felony, users face multi-thousand dollar fines, house arrest, and probation, as well as the energy, emotion, and money involved in being on trial. Is it really worth it? You be the judge.

Staff Writer Kelli Clancy can be contacted at:
kclancy@email.unc.edu

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